The political climate in this country is tense, but you probably knew that already. With very controversial executive orders and cabinet picks making major headlines, people are more outraged than ever, and a resistance movement is forming on the streets.

Our country, and the democratic system our founding fathers aimed for, encourages each person to have a voice in the political process. It is important to voice your opinions through petitions, letters to your representatives, or protesting.

As a criminal defense lawyer, though, I am well aware of the fact that this last method can get you in trouble with the law.

Five University of Chicago Students, Including Student Body President, Arrested for Protesting Betsy DeVos

Since the Inauguration, University of Chicago students have rallied once a week for “Resist Trump Tuesdays.” The group has protested many thing, but on January 31, the issue at hand was Betsy DeVos’s nomination to lead the Department of Education.

Students gathered around and inside the John C. Kluczynski Federal Building with banners urging U.S. Senators Dick Durbin and Tammy Duckworth to vote against confirming DeVos. After a handful of students refused to leave the building, police dragged them across the floor, held them, and ultimately arrested them.

While protesting in a public space is legal, taking the protest inside without permission and refusing to leave can get you arrested. The charges against the arrested students include disorderly conduct and disturbance in a federal building.

These are just two charges that are associated with protests. A protest that gets out of hand may result in the following criminal charges, just to name a few:

• Trespassing: Again, taking up public space, including parks or sidewalks, is legal. However, even if it makes a stronger political statement, when you enter onto someone else’s private property without permission, you are committing a crime.
• Criminal Damage to Property: Even if you are not vandalizing or spraying graffiti on property while you are protesting, any sort of damage may result in criminal charges.
• Assault: In Illinois, assault charges do not require making physical contact with another person in order to harm them (if physical contact is made, the charge is elevated to battery). So if you threaten another human being during your protest, you may be charged with misdemeanor or felony assault.
• Aggravated Battery of a Police Officer: Charges will be intensified if the assault or battery involves a police officer on duty. Officers are allowed to be present at a protest to maintain order, and may use necessary force if things get out of hand.
• Resisting or Obstructing a Peace Officer: You cannot threaten or attack an officer, but you must also refrain from getting in the way of the officer while they are performing their duties. If you see a friend getting lawfully arrested, trying to stop the arrest may only put you behind bars as well.

If You Are Unlawfully Arrested

Before you attend a protest, understand your rights and the lawful ways to interact with police officers while protesting, or if you are confronted. While most officers will respect, and even protect, your right to protest, there are incidents where police officers get out of hand and unlawfully arrest people who are simply exercising their right to protest. For example, a police officer must give you a reason for why you are being arrested, and can only use the amount of force necessary to restrain you.

The most important thing to remember is that throughout every step of the criminal process, you have the right to an attorney. If you are arrested or charged while exercising your right to protest, the best thing that you can do to protect yourself is to contact an Illinois criminal defense lawyer immediately.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

It’s no secret – I’m a big Cubs fan. And for Cubs fans, last Wednesday (heck, the last two weeks) was a reason to celebrate big time.

But maybe the excitement of the game, the stress of the last few innings, and the drinks you had in the meantime also got you in a little bit of trouble. If you were arrested or charged with criminal misconduct or similar charges, believe me you’re not alone. Heck, the arrests related to this World Series game started making news stories before the series was halfway over.

In fact, disorderly conduct arrests after World Series games are common no matter where you are. Take a look at what happened in Boston in 2007 – or in San Francisco in 2014.

But now that the excitement of the World Series is winding down, it is time to understand the charges against you, and what you can do to keep your criminal record clean.

What Is “Criminal Misconduct?”

Criminal misconduct charges can be confusing, especially if this is your first offense. One of the big reasons for this is that, depending on the circumstances, your actual charges can range from a Class C misdemeanor to a Class 3 felony. The following “definitions” of criminal misconduct lead to the following charges:

• “Any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.” Class C misdemeanor
• “Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening.” Class A misdemeanor
• “Transmits or causes to be transmitted in any manner to the fire department of any city…a false alarm of fire.” Class 4 felony

And these are just some of the examples.

The Importance of Defending Yourself

Now, a Class C misdemeanor may not seem like a big deal. If you are found guilty, you won’t even be sentenced to jail. You will, however, get a fairly large fine and have a criminal record. A record that will follow you through any future job searches and apartment hunting.

Not to mention the fact that having a record is bound to negatively impact you if you are ever charged with a criminal offense in the future. A second criminal misconduct arrest can bump your charges up to a higher misdemeanor, or even a felony.

And I hope I don’t have to tell you that you really should take your case seriously if you are charged with a felony. Being convicted of a felony – no matter what type of felony – can have lifelong consequences, and will definitely follow you for years to come.

How to Protect Your Rights

Because criminal misconduct is a criminal charge, you will have to go through the court system like you would for any other criminal offense. Because this can be complicated, confusing, and scary, we strongly recommend reaching out to an experienced Chicago criminal defense lawyer.

He or she will be able to walk you through your specific charges, and go over the options you have for creating a defense strategy, getting your charges dropped, and keeping a clean record. The sooner you set up a free consultation, the more likely you are to enjoy a positive outcome.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.