No matter where your politics lie, many people see things they feel are wrong in this country and want their voices heard. Forming a protest is a common way to achieve that goal, but there are many fine lines and restrictions you have if you want to stay within the law to avoid arrest and criminal records. Unlawful assembly is frequently charged when peaceful protests evolve into violent riots. Today we at Ajua Bail Bonds would like to touch on unlawful assembly charges.
What is Unlawful Assembly
Under California Penal Code 407, unlawful assembly is when two or more individuals come together for the following purposes: 1) assembly to carry out an illegal act or 2) assembly to do something legal but in a violent or boisterous way. Unless additional charges were made, an unlawful assembly is a misdemeanor which will get you arrested and the police officer will take you to the station to be fingerprinted and photographed, but they should release you if you have identification and you sign a promise to appear. One exception to this rule is if the officer has reason to think that you will resume breaking the law if you’re released, in which case you will need to be bailed on bond to get out of jail.
Civil Disobedience & Protest Penal Codes
Even if you view your expressive activity as lawful, you take the risk that the police will regard it as over the line. So, whether you’re planning to engage in civil disobedience or protest, you should be familiar with the California statutes most often linked to those arrested.
– Penal Code Section 148 – Delaying a peace officer or resisting arrest.
– Penal Code Section 403 – A public meeting that was disrupted.
– Penal Code Sections 404 – 408 – Riot and unlawful assembly.
– Penal Code Sections 409 – Failure to disperse.
– Penal Code Section 415 – Disturbing the peace.
– Penal Code Section 602 – Trespassing.
– Vehicle Code Section 2800(a) – Refusal to obey a peace officer that is enforcing the Vehicle Code.
– Penal Code Section 405a – Attempting to free a person who recently was arrested.
– 18.U.S.C. § 248 – Using force, a threat of force, or physical obstruction to interfere with a person’s right to reproductive health services or to attend a place of religious worship
Rights When Being Arrested for Unlawful Assembly
When being arrested for one or multiple charges, you still have rights, consider the following:
– You have the right to remain silent. You do have to comply with officers and give your name and address but you don’t say anything else.
– You have the right to legal counsel. This means you do not have to answer questions or discuss your case with the police without an attorney present, be sure to ask for one as soon as possible. – You have the right to make three free local phone calls immediately following the booking process and within three hours after arrest. A parent with custody of a minor child may make two additional calls to arrange for childcare. Be sure to use one to contact a bail bondsman or have a family member do so to get you out of jail quickly.
– If you remain in custody, you must be taken into court within two business days where a judge will review your case within 48 hours.
Bail Bond for Unlawful Assembly & Other Charges in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California
If you have been arrested for unlawful assembly or any other crimes, contact Ajua Bail Bonds and let our experts get you out quickly and efficiently. Our friendly staff can offer any advice and answer questions, especially if you are unfamiliar with the process.