Protesting Crimes
Protesting is a fundamental American right and one that every American possesses the freedom to exercise - subject to some restrictions. Unfortunately, after several high-profile incidents sparked nationwide protests and other controversies, being arrested as an alleged participant to unlawful activities that occur during a protest is becoming all too common, justified or not. Few malicious actors see peaceful, constitutionally-protected protests as a staging ground for criminal behavior, because their actions will be obscured by the crowd. As a result, law enforcement often cites and/or arrests groups of people close to the criminal behavior, leaving it up to the courts to determine who the bad actors were. This presents significant problems to everyone involved: law-abiding protesters who are wrongfully cited/arrested, prosecutors who must build cases against tens or hundreds of defendants, and the court system that needs to deal with an influx of possible defendants.
This hits home in Minnesota; whether it’s protesting in front of the Governor’s Mansion, county courthouse, or the state Capitol Building, protesters often find themselves charged with harsh criminal charges that carry hefty fines and other penalties, often because of the actions of a few bad actors. The actions of the nefarious few cannot be attributed to members of the larger crowd and there are adequate defenses that can be mounted against such charges. Many times, neither prosecutors nor courts can even handle the sheer numbers of protestors who are cited for a crime, especially if the protestors exercise all trial and pre-trial rights available to them under the Constitution. This leads to defense strategies that aren’t available in other typical prosecutions, which an experienced attorney can help explain.
Common charges issued to protestors include: rioting, unlawful assembly, trespassing, resisting arrest/fleeing the police, obstructing the legal process, disobeying a lawful order, property damage, looting, theft, curfew violations, and many other assorted misdemeanors and/or felonies. The penalties for these charges vary - from a small, monetary fine to significant fines and/or jail/prison time - and require your attention before they are fully resolved.
If you’ve been charged as a result of your participation in a protest, the charges will not simply disappear. Unless you take action, the charges will stick and you will be responsible for the penalties. There are many defense strategies, rooted in the First Amendment, to those accused of crimes during a protest that can get the charges reduced or dropped completely. However, it is important to note that the right to protest does have constitutional limitations regarding the time, place, and/or manner of the protest. Some examples of constitutionally-allowed restrictions are those regarding noise level, posting signs on government property, or permitting requirements. If you were charged with a crime at a protest, it is imperative that you address it, and a competent attorney can help you navigate the waters of the justice system.
It is smart to know who to call ahead of time if you or someone you know is planning to attend a protest in Minnesota, in case you get charged with a crime. Contact Loon Law today for a free consultation at (612) 524-8563!