EDITORIAL: First printed in ONE, MARCH, 1953

Homosexuals, like all human beings, have a tendency to believe that bad things happen only to other people. They therefore are rarely prepared for such unpleasant things as loss of job, death either of themselves or loved ones, or an arrest on sex charges.

What do you do when you are arrested? Imagine that there is a knock on your door and an officer of the vice squad says that you are under arrest. Here are some things to think about.

(1) If an officer tries to arrest you remember that he should have a warrant, unless a misdemeanor or a felony has been committed in his presence, or he has reasonable grounds to believe that you are guilty of some crime.

(2) If he has no warrant, ask what the charges are. If they are not as explained in No. 1 above, you may decide to go along, under protest, made before a witness if possible. You are not required by law to do so.

(3) Give NO information. You may, but you do not have to give your name and address. Do not talk to ANY policeman. Here is a typical conversation and how you should answer questions.

Q-Why did you commit this crime? A-I'm not guilty and I'd like to see my lawyer before making a statement. Q-How long have you been a --? A-I'm not guilty and I'd like to speak to my attorney, please. Q-Have you been arrested for this before? A-I'm not guilty and my attorney would rather I speak through him. Q-Nice day isn't it? A-I'm sorry, but I'd like my lawyer's advice before making a statement.

(4) Deny all accusations as shown above, otherwise your silence could be taken as admission of guilt by the court.

(5) If you are taken to jail, find out what you are "booked" forthat is, the Penal Code number and find out the amount of bail.

(6) INSIST on using a phone to call your family or lawyer.

(7) Do not sign any statement. Take the badge numbers of arresting officers.

(8) You have the right to deposit "bail" money and be released from jail for most offenses. Have your attorney make the arrangements. If you use a bondsman, he probably will insist on some security.

(9) The police do not have the right, under any circumstances, to manhandle, beat or terrorize you.

(10) You are entitled to a lawyer, and if you do not have one by the time you appear in court, ask for a continuance until you can get legal representation.

(11) If you are innocent, do not plead guilty. Ask for a trial by jury unless your lawyer advises you otherwise.

(12) If you are questioned by a member of the FBI for any reason remember you are not required to give an answer. Contact your lawyer and see that your rights are protected.

Be prepared. Don't think that because you have not committed a crime you will not be arrested. Know a lawyer BEFORE you need one.

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