Pendleton Law - August 2020

Pendleton Law - August 2020

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August 2020

Breaking the Richmond Curfew: You Have a Right to Speak Out

Before I joined the Pendleton Law Team, I was a criminal defense attorney for six years, and I’m still very interested in the criminal defense system and representing people in these cases. The law states that people are “innocent until proven guilty,” but, the reality of it more closely resonates with, “guilty until proven innocent.” There are rules and laws in place across the country, and they should be enforced, but they should be reinforced in the same way with every single person. This is something I feel very passionate about because it’s most often not the case. I want to stand up for people who find themselves in situations where they were treated unfairly, and I have the background to do just that. That is why I decided to offer my services to those who were unjustly arrested with charges of breaking the Richmond curfew. From 8:00 p.m. May 31 to 6:00 a.m. June 1, over 200 people were arrested by the Richmond police for violating the curfew, which was just put in place by the governor that evening. The purpose of this curfew was to prevent people from protesting and, more directly, to ensure the public safety of the community and businesses. Under Virginia Code § 44-146.17, our Governor, Ralph Northam, had the authority to institute the curfew, declaring a state of emergency due to civil unrest in the city of Richmond.

However, any person who was present in the city between 8:00 p.m. to 6:00 a.m. was arrested, including those who were perfectly in their rights to be out. Executive Order 64 states that: “While the curfew is in place, no person shall be present on any street, road, alley, avenue, park, or other public place in the City of Richmond and the City of Virginia Beach with the following exceptions:

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Persons traveling to and from home, work, or places of worship

Photo Credit: Emily Patton IG @helloemilypatton

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Hospital personnel

safety, but I’m also part of a new group of 25 attorneys that was formed specifically to respond to the individuals who were arrested for violating the executive order called the RVA Legal Collaborative. All of us have had previous experience as criminal defense attorneys, and we are all working together to represent people who are charged with violating this order. The 25 of us take cases either pro bono or on a sliding scale. I am not charging any of my clients because I don’t want to profit from people who were arrested while fighting for justice. Over the last month, I had clients who had been arrested for protesting in support of racial equality and social justice, as well as those who weren’t asked any questions and were literally just walking down the street. None of these people were part of a riot or destroying property. To me, this is not the way our justice system works. One of my clients was simply walking to her apartment, while another was driving in his car when he was made to stop, then pulled out of his car, and arrested. I’m proud to offer my services to help others during these challenging, yet historical, times. I will do everything in my power to ensure that my clients’ voices are heard and that this injustice does not go unnoticed.

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Members of the press

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State, City of Richmond, and City of Virginia Beach employees and volunteers Military personnel including (but not limited to) national guard troops Private emergency medical transport workers Those traveling to and from public meetings (City of Virginia Beach City Council and School Board)

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Persons seeking emergency services

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Other emergency workers

The police, who were driving around downtown, corralling, and arresting people, seemed to pay no attention to the exceptions of the curfew. Instead, these people — either peaceful protesters or people returning home after work —were arrested, driven to the Richmond city jail, and detained — some for nearly 24 hours. Many of the people who were brought in were placed on two buses the police had prepared, as the jail could not contain the number of people who were brought in for misdemeanor charges. This is why I became interested and involved in these cases. Not only will I be part of Mayor Stoney’s task force for re-imagining public

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