What happens after this? (Help with the US legal system/police force)

Can't help with the legal stuff -- sorry! -- but you don't have to break into a lecture hall when a lecture's in progress. You just walk in. If it's a big hall with two doors, you could have the gang come in through both doors to make sure no one gets out.

bringonthepretenders said:

Hi,

I'm writing a scene where a 25 year old woman (a soon-to-be central character of the story) breaks into a university lecture hall with a crime gang, armed with guns. They begin shooting, but she herself, while wielding a gun, does not shoot anyone - although she does point a gun at a student, but does not pull the trigger. The police burst in, and arrest the gang. My question is, what do they do after this? Is she on bail/custody... is she arrested for associating with a crime gang, even though she hasn't shot anyone herself? What's her punishment? Would she be in prison? Will there be an interrogation between her and the police? Is she allowed to have visitors?, etc.

I'm from Australia, so my understanding of the US legal system is limited. Any help would be appreciated.

Click to expand...

This depends on many factors, so you can probably get away with whatever you need, to some extent. Her not having pulled the trigger matters very little, presuming she was part of the attack. She'd likely be charged same as the others, depending on what occurred (did they actually shoot people? Were people killed? What was the purpose of the attack? etc.)

It'd be unlikely someone who did that would get bail, but you never know (or she might get a high bail and be able to meet it; I dunno your character).

She's arrested, questioned (though see Miranda -- she doesn't have to talk to anyone if she doesn't want to), arraigned, likely not given bail but see above, then in jail, then what happens depends -- trial, pleading, rolling over if the prosecution wants information, I dunno...depends. Her lawyer can visit her in jail.

If she ends up in prison, she can have visitors.

bringonthepretenders said:

I'm writing a scene where a 25 year old woman (a soon-to-be central character of the story) breaks into a university lecture hall with a crime gang, armed with guns. They begin shooting, but she herself, while wielding a gun, does not shoot anyone - although she does point a gun at a student, but does not pull the trigger. The police burst in, and arrest the gang. My question is, what do they do after this? Is she on bail/custody... is she arrested for associating with a crime gang, even though she hasn't shot anyone herself? What's her punishment? Would she be in prison? Will there be an interrogation between her and the police? Is she allowed to have visitors?, etc.

Click to expand...

Doesn't matter that she didn't shoot anyone...she'll be charged the same as those who did shoot and kill people.

Some jurisdictions allow bail to be set automatically depending on the charge(s). However, for the charges she would face, there would likely be no bail until she sees a judge. If it's a weekend or national holiday, then she won't likely see a judge until the next regular business day. However, some jurisdictions have judges who work on Saturdays. She may get bail, she may not. If it's something like you describe, which would probably be considered terrorist-related, she likely won't get bail.

She will then be in jail until the trial. If found guilty, she would then go to prison, so long as the sentence is over 1 year.

In the county I worked in, people go to jail until trial. If they are sentenced for less than a year, they'll remain at the jail. If they're sentenced for more than a year, they'll go to prison. Now, keep in mind that sometimes they sit in jail for over a year prior to going to trial...can take a long time to go to trail in some cases (depends on the crime and circumstances surrounding the crime). In those instances, they generally get credit for time served. So, if they spend 18 months in jail, go to trail and are sentenced to 5 years, they'll go to prison and serve the remaining 3.5 years.

Depends on which state this takes place in, if they have a law similar to the Texan Law of Parties https://en.wikipedia.org/wiki/Law_of_Parties_(Texas) then she is in deep sh#t

If this is deemed a terrorist attack (domestic or otherwise) there would be federal jurisdiction as well. Any pretrial release consideration would likely be moot; detainers (official notices of outstanding warrants) would abound.

In the United States, jurisdiction matters a lot. Which state does this take place in (also is it taking place in 2018 or some other time?)

bringonthepretenders said:

My question is, what do they do after this? Is she on bail/custody... is she arrested for associating with a crime gang, even though she hasn't shot anyone herself?

Click to expand...

She is absolutely arrested. Accessory to a felony, in many states a felony for carrying a gun on school property, even accused of shooting, it's the court's decision as to what can stick. If this is current, likely no bail or very high bail, she participated in a school shooting.

bringonthepretenders said:

What's her punishment? Would she be in prison? Will there be an interrogation between her and the police? Is she allowed to have visitors?, etc.

Click to expand...

Very much out of order. Punishment is determined after conviction, after trial, etc. She is on prison unless she makes bail, if there is one set for her. Visitors depend on her incarceration, attorney is certainly allowed. There is definitely an interrogation, with everyone present at the incident, each separate with their attorney unless they waive that right.

bringonthepretenders said:

I'm from Australia, so my understanding of the US legal system is limited. Any help would be appreciated.

Click to expand...

Not a lot different, both are based on English Common Law. We have rights in our constitution that don't exist in Australia, but that determines process more than anything else.

There are two major issues with your question. First it, it is way too broad to answer in a post, or even a book. Millions of pages of case law would come into play as well as millions more pages of legislation. So start with what you need for your character, not with what happens from an event. Then, write the event to make those things happen for your character.

Second, the questions reveal a woefully inadequate knowledge of the US legal system, as well as a pretty inadequate knowledge of the Australian system. You're going to need to read a lot of police procedure and criminology as well as work on a lot of questions of law in order to write a story around this.

Hope it helps.

Jeff

It was a long time ago, but look up Patty Hearst.

As already mentioned by previous commentators, things vary from jurisdiction to jurisdiction. Meaning, if you happen to make a small mistake here and there, it won't be a disaster.

More specifically – the treatment of people who, to put it in layman's terms, actually did it and those who just helped, also varies a lot from one jurisdiction to another. In this particular case, however, I am certain that pretty much everywhere your character would be treated equally to the ones who actually killed. The fact that she herself did not pull the trigger should lighten her sentence a little, but it certainly wouldn't make her a mere accomplice.

BTW, it may be a good idea to pay an actual lawyer for a half hour consultation and have all those things explained to you. It doesn't need to be the most expensive lawyer. It doesn't matter much that you are in Australia. The legal systems of Australia and the USA are based on the same principles.

Or find a forum of law students. As a writer, you are likely to be able to present the events in an intriguing manner so that the participants will be eager to discuss the legal aspects of it. Don't say you are writing a book and don't have a clue and are looking for a free consultation. Just ask: what do you guys think of such a case? Law students are used to making up tricky cases and discussing them with each other.

I strongly recommend Lee Lofland's Police Procedure & Investigation: A Guide for Writers book, as well as his blog "Graveyard Shift." Lee's a former cop across multiple jurisdictions and does a ton of stuff to help crime writers get it right. He even runs the "Writer's Police Academy" conference, now in its 10th years.

There's a better-than-even chance that the cops are going into this armed and primed to shoot. This sounds like what we call here an "active shooter" case. In active shooter cases, the US police protocol is to neutralize the shooters as quickly as possible, so the first 3-4 officers on the scene will throw on some tactical gear (about 90 seconds) and run to the sound of the gunfire. Anyone they see standing and armed will likely be shot.

If they do it as a takeover/hostage situation, it's much more likely for her to survive, as there will be negotiation back and forth until such time as the scene commander determines it's time to stop talking (because the hostages are at risk). At that point, the SWAT team gets to blow a hole in the door and come in after the bad guys. Again, that will be violent, and anyone they see standing and armed will likely be shot.

In her case, if she survives the arrest, she'd be facing charges for kidnapping, assault, assault with a deadly weapon, violation of state gun laws regarding guns on a college campus, and conspiracy. Each of those kidnapping, assault, and ADW charges would be multiple counts; she'd get one of each for each person in the building. That would add up to a lot of potential prison time, and a very high bail if they offer it at all. High, like a million dollars. The case would take months to get through the justice system.

Jail visitation would depend on the jurisdiction who is holding her. Her attorney could get in to see her, but others, possibly not. All phone calls are monitored as well.