Arrested at a Protest in Minnesota? Know Your Rights.
Protesting is an important part of American democracy. The First Amendment protects the rights to free speech and peaceful assembly. But that does not always mean that everyone who participates in a protest is protected from arrest or criminal charges.
If you were arrested, cited, or charged with a crime after participating in a protest in Minnesota, you need to take the situation seriously—and you should understand your rights before making any decisions about your case.
Call Jack Rice Defense today for a free, confidential consultation: 651-447-7650 or 612-227-1339.
“Sometimes, it is about where you are. Sometimes, it is about what you do.”
Protesting Is Not a Crime. But Certain Conduct Can Be.
Whether you were standing on the steps of the Minnesota State Capitol, participating in a march, or demonstrating with a large crowd in Minneapolis or St. Paul, you have constitutionally protected rights.
At the same time, Minnesota law places certain restrictions on where, when, and how protests can take place. Police may make arrests when they believe someone has violated those restrictions or committed a criminal offense. The problem is that people can sometimes find themselves arrested or charged even when they did not personally commit a violent or destructive act.
You may have been part of a large crowd where one or two people allegedly damaged property, refused police orders, or engaged in other unlawful conduct. That does not automatically mean you are criminally responsible for what someone else did. And if you have been formally charged, you cannot simply assume the case will disappear on its own.
A prosecutor may eventually dismiss the charges. You may qualify for a resolution that avoids a conviction. A judge may determine that the state's case is legally or factually insufficient.
But protecting your rights starts with taking action.
“Just hoping things will go away is not a legal strategy.”
What Can Happen After a Protest Arrest?
Depending on the allegations, protest-related charges can have serious consequences.
Those consequences can include:
Jail or prison
Fines and court fees
Probation or other court supervision
Restitution for allegedly damaged property
A criminal conviction on your record
Problems with employment or professional licensing
Difficulties with housing
Potential effects on your driving privileges
Other collateral consequences that can follow you long after the case ends
The stakes can be particularly high when prosecutors bring misdemeanor, gross misdemeanor and even felony charges.
That's why it is important to have an attorney examine exactly what happened—not simply accept the version of events contained in a police report.
“In order to understand charges, you need to understand your exposure.”
What Are Common Charges Related to Protesting?
There is no crime called simply "protesting" in Minnesota. Instead, prosecutors may charge someone with a particular offense based on what they allege happened during the demonstration.
Depending on the circumstances, common charges can include:
Trespassing
Misdemeanor Disorderly conduct
Obstruction of Legal Process
Unlawful assembly
Rioting
Assault
Other misdemeanor, gross misdemeanor or felony offenses
Even a peaceful demonstration can result in criminal charges if authorities believe participants violated a valid time, place, or manner restriction.
That is why one of the most important questions in any protest-related case is: What exactly does the government think you did?
“Even if you did it, there may still be defenses.”
There May Be Defenses to Protest-Related Charges
A protest arrest does not mean the state has a winning case.
Depending on the circumstances, there may be statutory defenses, constitutional defenses, or arguments based on the First Amendment and established protections for speech and assembly.
The details matter.
What did the police tell you?
Did you actually violate the law?
Were you given a lawful order?
What did the officers see?
Is there body-camera or surveillance footage?
Were you identified correctly?
Did police arrest you because of something you personally did—or because you were part of a larger crowd?
“Were you defending yourself? Were you defending other?”
These questions can make a significant difference.
There can also be strategic considerations when large numbers of people are arrested or cited during the same demonstration. When dozens or hundreds of people face similar allegations, the circumstances surrounding those arrests—and the government's ability to prove each individual case—deserve careful examination.
Why You Need an Experienced Minnesota Criminal Defense Lawyer
Jack Rice brings a unique background to protest-related criminal cases.
He is a former prosecutor, former CIA officer, and Board Certified Criminal Law Specialist, as well as the founder of Jack Rice Defense, a boutique criminal defense firm serving clients throughout the Twin Cities and Minnesota.
That experience matters.
Jack understands how prosecutors evaluate cases because he has been on that side of the courtroom. He also understands how law enforcement investigations work and knows how to examine the evidence behind an accusation.
Most importantly, you deserve an attorney who will listen to what happened to you and build your defense around the facts of your individual case.
What Happens When You Call Jack Rice Defense?
If you were arrested or cited during a protest, after a protest, or while organizing a demonstration, contact Jack Rice Defense as soon as possible.
Our team can:
Review the allegations against you, including police reports, body-camera footage, surveillance footage, photographs, videos, and witness statements.
Explain your rights and legal options in straightforward terms so you understand what you're facing.
Investigate the case and identify evidence that may support your defense.
Challenge the state's case when appropriate, including potential constitutional or statutory issues.
Take immediate steps to protect your rights and work to minimize the consequences you face.
You do not have to navigate a protest-related criminal charge alone.
Arrested After a Minnesota Protest?
If you or someone you know was arrested, cited, or charged with a crime connected to a protest or demonstration, talk to an experienced Minnesota criminal defense lawyer before making important decisions about your case.
Call Jack Rice Defense today for a free, confidential consultation at 651-447-7650 or 612-227-1339.