Can You Be Arrested While Protesting?
While your right to protest is protected under the first amendment, there are certain restrictions as to where and how you may do so. Failing to comply with these restrictions can result in an unwanted arrest.
There are many reasons you can be arrested while protesting. For instance, you may be arrested for protesting on private property or for disrupting car or pedestrian traffic with your assembly. Law enforcement officers may also break up any violent protests and can arrest protesters who are engaging in violence or property destruction. Violating an order to disperse or neglecting state/country curfews can also put you in handcuffs.
What happens after you have been arrested for protesting?
If you are arrested at a protest, you will be searched and transported to a local police station for processing. There you will be fingerprinted, photographed, and placed in a holding cell. At that point, you can either decide to post your bail or remain in custody until your court hearing, during which your bail amount may be adjusted.
Your first court appearance is known as an arraignment and is expected to occur within 48 hours of your arrest. During your arraignment, you are informed of the charges that have been filed against you and you are asked to enter a plea of guilty or not guilty. If you plead guilty, you will be sentenced right then, if you plead not guilty, you will go to trial. The court will then select a trial date and either set, modify, reinstate, or exonerate your bail.
If you chose to go to trial, you will have to return to court within a few weeks of your arraignment. You will plead your case to a judge and receive a final verdict.
What Are Some Common Punishments For Protesting?
Each case is different. While most offenders receive only minor penalties, certain crimes might warrant harsher and much larger punishments. Below is a list of common protest arrest charges and their respective penalties:
- Unlawful assembly: A majority of arrests made during protests are based on unlawful assembly. Unlawful assembly is a misdemeanor that carries a maximum 6-month jail sentence. Judges rarely assign 6-month sentences unless the circumstances require it.
- Trespassing: Protesters may also be arrested for protesting on private property. In California, trespassing can either be charged as an infraction, a misdemeanor, or a felony. Trespassing infractions carry only a small fine, while trespassing misdemeanors are punishable by up to 6 months in jail and a maximum $1000 fine. Trespassing felonies however call for a maximum 3-year jail sentence and a $2000 fine.
- Obstruction of pedestrian or vehicular traffic: If you are found guilty of blocking car or foot traffic with your protest, you may receive a fine of up to four $400 or maybe sentenced to up to 4 months in county jail.
If you were arrested while protesting and were unfairly convicted on any of these charges, you can always push to appeal the court’s decision. If you chose to do so, it is important that you chose a team of experienced and successful appeal lawyers to represent you. Call Spolin Law P.C. today at (310) 424-5816, or reach out online to schedule a free case evaluation.