Please call and email Paul Gallegos, the Humboldt County District Attorney, ASAP!
Tell him to bring Hans Ashbaucher to court, Wednesday, November 23rd for arraignment and to be released*- to avoid Hans being locked up through Thursday, Friday, Saturday, Sunday, and Monday. Better yet, just release Hans immediately.
Many calls and emails need to go out through the morning and into the early afternoon. You could email tonight (Tues) and call tomorrow (Wed). Pass this on to your networks.
Hans was arrested today (Nov 22) during the raid by the Eureka Police and the Humboldt Sheriff's. He was arrested walking in the crosswalk near the courthouse (Occupy Eureka site) with some kind of banner in his hand, apparently walking too slow for the cops. Hans and Verbena were both in court today for arrests from less than two weeks ago; both of us were arrested for filming the cops. The Eureka cops BROKE HANS' RIBS, and he still has a huge bruise on his left side, and lots of pain. A couple of hours after court this afternoon, Occupy Eureka was raided again.
We are fed up by the flagrant civil rights violations by the Eureka Police and Humboldt County Sheriff's Department, and the conspiracies to violate our rights.
The least the DA could do is bring people who are arrested to court swiftly- or release them. We know it is a stretch to think Gallegos would go after the cops for their crimes against the people.
(707) 445-7411 Humboldt County District Attorney
districtattorney@co.humboldt.ca.us
pgallegos@co.humboldt.ca.us
Regarding time to go to court!
The DA is supposed to get someone in front of a judge or magistrate WITHOUT UNNECESSARY DELAY. So, Gallegos has two court days at a maximum to get Hans to court, but he is required to do that as fast as possible and to avoid extended time in jail before arraignment. (Arraignment is when you find out what the DA is charging). In fact, the law says, for instance, if someone is arrested at any time on a Wednesday, the person needs to be in court by Friday. That is TO AVOID BEING IN JAIL LONGER (over the weekend) BEFORE GOING TO COURT. Below is the Penal Code section, and the court has clarified this law in lawsuits, etc.
Two days can be an illegal amount of time to hold someone if they could have been brought to court sooner. Gallegos knows this, but regularly ignores his duty, thus violating peoples' rights.
[Dant v City and County of San Francisco 61 Cal. App. 4th 380]
Tell him to bring Hans Ashbaucher to court, Wednesday, November 23rd for arraignment and to be released*- to avoid Hans being locked up through Thursday, Friday, Saturday, Sunday, and Monday. Better yet, just release Hans immediately.
Many calls and emails need to go out through the morning and into the early afternoon. You could email tonight (Tues) and call tomorrow (Wed). Pass this on to your networks.
Hans was arrested today (Nov 22) during the raid by the Eureka Police and the Humboldt Sheriff's. He was arrested walking in the crosswalk near the courthouse (Occupy Eureka site) with some kind of banner in his hand, apparently walking too slow for the cops. Hans and Verbena were both in court today for arrests from less than two weeks ago; both of us were arrested for filming the cops. The Eureka cops BROKE HANS' RIBS, and he still has a huge bruise on his left side, and lots of pain. A couple of hours after court this afternoon, Occupy Eureka was raided again.
We are fed up by the flagrant civil rights violations by the Eureka Police and Humboldt County Sheriff's Department, and the conspiracies to violate our rights.
The least the DA could do is bring people who are arrested to court swiftly- or release them. We know it is a stretch to think Gallegos would go after the cops for their crimes against the people.
(707) 445-7411 Humboldt County District Attorney
districtattorney@co.humboldt.ca.us
pgallegos@co.humboldt.ca.us
Regarding time to go to court!
The DA is supposed to get someone in front of a judge or magistrate WITHOUT UNNECESSARY DELAY. So, Gallegos has two court days at a maximum to get Hans to court, but he is required to do that as fast as possible and to avoid extended time in jail before arraignment. (Arraignment is when you find out what the DA is charging). In fact, the law says, for instance, if someone is arrested at any time on a Wednesday, the person needs to be in court by Friday. That is TO AVOID BEING IN JAIL LONGER (over the weekend) BEFORE GOING TO COURT. Below is the Penal Code section, and the court has clarified this law in lawsuits, etc.
Two days can be an illegal amount of time to hold someone if they could have been brought to court sooner. Gallegos knows this, but regularly ignores his duty, thus violating peoples' rights.
CA Penal Code section 825. (a) (1) Except as provided in paragraph (2), the defendant*... A person arrested for a crime has a right to be promptly taken before a magistrate and at that time may move for OR release or reduction of bail (Pen. Code, §§ 825, 849, 859b, 1319, subd. (c))."
shall in all cases be taken before the magistrate without unnecessary
delay, and, in any event, within 48 hours after his or her arrest,
excluding Sundays and holidays.
(2) When the 48 hours prescribed by paragraph (1) expire at a time
when the court in which the magistrate is sitting is not in session,
that time shall be extended to include the duration of the next
court session on the judicial day immediately following. If the
48-hour period expires at a time when the court in which the
magistrate is sitting is in session, the arraignment may take place
at any time during that session. However, when the defendant's arrest
occurs on a Wednesday after the conclusion of the day's court
session, and if the Wednesday is not a court holiday, the defendant
shall be taken before the magistrate not later than the following
Friday, if the Friday is not a court holiday.
(b) After the arrest, any attorney at law entitled to practice in
the courts of record of California, may, at the request of the
prisoner or any relative of the prisoner, visit the prisoner. Any
officer having charge of the prisoner who willfully refuses or
neglects to allow that attorney to visit a prisoner is guilty of a
misdemeanor. Any officer having a prisoner in charge, who refuses to
allow the attorney to visit the prisoner when proper application is
made, shall forfeit and pay to the party aggrieved the sum of five
hundred dollars ($500), to be recovered by action in any court of
competent jurisdiction.
[Dant v City and County of San Francisco 61 Cal. App. 4th 380]
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