The Los Angeles protests are dominating news cycles right now. As of publication, dozens of protestors have already been arrested. Furthermore, the Department of Justice reportedly has nine open cases in direct correlation to these L.A. protests. This information brings to light the seriousness in which these cases are being taken, highlighting the necessity of hiring a skilled criminal defense lawyer if you’re facing charges.
A criminal conviction can upend your entire life. Don’t let your right to protest turn into a lifelong blemish on your reputation. At the Law Offices of Christopher Chaney, we are here to help you understand your California protest rights and how our team of aggressive criminal defense attorneys can help.
The Legal Right to Protest vs. Grounds for Arrest
The First Amendment protects your right to peacefully protest in traditionally public spaces, including streets, parks, sidewalks, and outside of government buildings. The key word, however, is peacefully. Protestors found to be doing the following can not only be arrested, but also face significant criminal penalties, including a maximum of three years in prison and up to a $10,000 fine:
- Looting, vandalizing, or committing other acts of property damage, including throwing Molotov cocktails
- Blocking traffic or access to private property, including government buildings
- Failing to disperse following an order
- Resisting arrest
- Attempting to free someone who had just been arrested
- Refusing to obey a police officer who is enforcing CA’s Vehicle Code
- Rioting and unlawful assembly
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However, in the heat of a large-scale demonstration — especially one met with heavy police presence —peaceful protestors may end up in the crosshairs or even wrongfully accused. Here are a few examples:
Mistaken Identity During Dispersal Orders
Let’s say that law enforcement issues a dispersal order via loudspeaker. As the crowd moves, officers misidentify a group of bystanders who are filming the protest, alleging they were non-compliant with the orders.
In cases such as these, the criminal defense attorney can use the bystanders’ video footage to prove that they complied with the officers’ commands.
Collateral Arrest of Bystanders
In another example, tensions escalate in a demonstration in downtown Los Angeles, resulting in a shattered storefront window. Nearby police move in quickly and handcuff everyone in the crowd, including onlookers who had stepped onto the sidewalk to let a vehicle drive by.
While the bystanders’ attorney was able to clear them of their charges, they still had to face the fear of booking and fingerprinting.
Examples like these illustrate how participation in a peaceful protest can quickly escalate into a wrongful arrest.
Your Legal Rights at the Moment of Arrest
If you’re arrested at an L.A. protest, you still retain fundamental constitutional protections. First, you have the right to remain silent—anything you say can be used against you, so it’s best to politely invoke your right to remain silent and request an attorney before answering questions. You also have the right to be informed of the reason for your arrest and, if you’re detained, to receive a prompt Miranda warning before any police interrogation begins.
You’re also entitled to refuse consent to any searches of your person or belongings beyond a cursory pat-down for officer safety, unless the police have probable cause or a warrant. If you choose to exercise these rights, do so calmly—resisting physically or shouting can create new charges.
Whenever possible, quietly record the encounter on your phone or ask a bystander to film, noting badge numbers and patrol car identifiers. This documentation can prove invaluable later if you need to challenge unlawful stops or excessive force. However, you could be facing obstruction of justice charges if your filming hinders the police officer from arresting you.
Remember, you still have rights even when getting arrested. Any violation of your rights at the time of your arrest, including not being read your Miranda rights or lacking probable cause, could lead to a dismissal of your charges.
How a Criminal Defense Attorney Can Help After a Protest Arrest in Los Angeles
If you've been arrested—or wrongfully accused—while attending a protest in downtown Los Angeles, a criminal defense attorney can be your most valuable ally. Even if you believe your actions were peaceful and within your rights, the legal system doesn’t always make that distinction during mass demonstrations. That’s where experienced legal guidance makes a real difference.
Here’s how a defense attorney can help:
1. Challenge Unlawful Arrests and Police Conduct
Your attorney will review all evidence, including videos, arrest reports, and witness statements, to determine whether law enforcement overstepped their bounds. If your arrest lacked probable cause or your Miranda rights weren’t read, your charges could be reduced—or dismissed entirely.
2. Use Footage and Witness Testimony to Prove Innocence
Many protest arrests stem from confusion or mistaken identity. If you were peacefully protesting, filming, or simply present nearby when arrests occurred, your attorney can gather video footage, social media evidence, and witness accounts to prove you weren’t involved in any criminal activity.
3. Negotiate to Reduce or Dismiss Charges
Even if the prosecution moves forward, your lawyer may be able to negotiate a plea deal, reduce the charges, or push for a pretrial diversion program—especially if this is your first offense or the charges are minor.
4. Protect Your Record and Future Opportunities
A criminal conviction can impact your job, education, and housing opportunities. Your attorney can pursue options like sealing your record or filing for expungement if you qualify, helping you move forward without the shadow of a protest arrest following you.
5. Guide You Through a Complex Legal Process
Facing charges after a protest can be overwhelming, especially if you’ve never been arrested before. Your defense lawyer will walk you through each step—from arraignment to court hearings—and ensure your rights are protected at every turn.
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FAQ: Safeguarding Your Rights While Protesting in Los Angeles
Can I film police at an L.A. protest without getting arrested?
Generally, yes, you can film police at an L.A. protest without getting arrested. You risk arrest, however, if you film on private property or in a location where there is a reasonable expectation of privacy. Furthermore, your filming must not interfere with law enforcement’s ability to do their job — for example, refusing to comply with the cop’s order to step back, being physically combative, or standing too close during an arrest. If you do, you could be facing obstruction of justice charges.
How long does an arrest stay on my record in California?
As for how long an arrest stays on your criminal record in California, the answer is forever, unless you take proactive steps to have your record expunged.
What if I was arrested but released without charges after protesting in Los Angeles?
If you were arrested but released without charges after protesting in Los Angeles, you may qualify for sealing your case, as outlined under Penal Code section 851.91. The Law Offices of Christopher Chaney can help you submit a sealing request. If granted, your arrest record will be sealed and no longer accessible to the public, making it easier for you to enroll in school, find employment, and keep your reputation intact.
Were You Arrested While Protesting in L.A.? Call The Law Offices of Christopher Chaney for Aggressive Criminal Defense Representation
In the United States of America, you have a legal right to make your voice heard. If you were wrongfully accused of violating the law while at a protest or arrested for the above offenses, you need aggressive criminal defense representation to safeguard your rights.
The Law Offices of Christopher Chaney is your advocate and is here to fight for you. Call us today at 818-330-5198 or fill out our online contact form to schedule a free consultation. We represent residents all throughout Los Angeles County, including L.A., Hollywood, Long Beach, and Santa Clarita.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
