The Legal Rights of Protestors In Oregon And Throughout The Country
Thousands of people have been arrested throughout the United States for passionately challenging police brutality and racial discrimination, including hundreds in the State of Oregon.
In solidarity with those who are committed to holding police officers and government officials accountable, our criminal defense attorneys at Mark C. Cogan, P.C. will continue to educate the public on their right to freedom of speech and expression.
As our residents continue to stand up and speak out against state violence, more arrests are inevitable, and we want to help mitigate those charges, so our communities’ voices are heard.
Protestors Have The Right To Peaceably Assemble Throughout The United States
The First Amendment of the Constitution of the United States protects the right of the people to peaceably assemble and to petition the Government for a redress of grievances.
Despite each person’s clear Constitutional rights, law enforcement officials will find reasons to declare a protest unlawful, detaining protestors and bystanders on non-existent charges to silence their expressions.
If you are detained or arrested by the police while protesting, you must provide truthful identification information when asked.
Outside of that, you have the right to remain silent for the duration of your detainment.
Can Oregon Protesters Face Criminal Charges?
Law enforcement officials will focus their efforts on dispersing large groups of protestors and enforcing mandated curfews, which can lead to arrests.
Failure to comply with police orders can result in detainment, arrest, and criminal charges, which may include:
- Interfering with a Peace Officer: Class A Misdemeanor
- Giving False Information to a Police Officer: Class A Misdemeanor
- Riot: Class C Felony
- Disorderly Conduct in the First Degree: Class A Misdemeanor, or Class C Felony if the arrestee has a prior conviction for this same offense
- Disorderly Conduct in the Second Degree: Class B Misdemeanor
- Criminal Mischief in the First Degree: Class C Felony; vandalism of over $1000 in damage
- Criminal Mischief in the Second Degree: Class A Misdemeanor; vandalism of over $500 in damage
- Criminal Mischief in the Third Degree: Class C Misdemeanor
Can Criminal Protesting Charges Be Expunged In Oregon?
For charges that are dismissed at arraignment, the case will be designated as a ‘No Complaint,’ which means the District Attorney has one year to prosecute the defendant.
If the DA does not prosecute during that period, the defendant may expunge their arrest record after passing the one-year mark.w*.
If the DA moves forward with prosecution but dismisses the charges before or during the trial, the defendant is immediately eligible for expungement with no further waiting period required.*
*but only if the defendant is eligible for expungement otherwise, meaning: at the time of filing the expungement paperwork, the defendant has no other arrests in the past three years, no convictions in the past ten years, and no pending cases.
Our Criminal Defense Attorneys at Mark C. Cogan, P.C. Stand With Our Communities
At Mark C. Cogan, P.C., our criminal defense lawyers are dedicated to protecting the rights of our Oregon residents always.
As our communities join together to overturn the injustices we face throughout the country, we are committed to delivering the support our residents need to remove their criminal protesting charges from their records by providing free expungement services for 50 protestors whose charges were dismissed on a first-come-first-served basis.
Contact Our Criminal Defense Attorneys at Mark C. Cogan, P.C. at (503) 827-8092
If you have been arrested for protesting in Oregon, and your charges were dismissed, contact our experienced Portland criminal defense attorneys at Mark C. Cogan, P.C. today by calling (503) 827-8092 or through our online contact form to learn more about our commitment to protecting our residents’ rights to peacefully assemble and take a stand against injustice.
