Participating in protests, public gatherings, or demonstrations is a fundamental right in the U.S. However, there are times when law enforcement deems an assembly unlawful, leading to arrests for unlawful assembly or failure to disperse. These charges can result in hefty fines, jail time, and a need for a bail bond to secure release. If you or a loved one has been arrested for unlawful assembly or failure to disperse, Ajua Bail Bonds will break the difference between these charges and how to get a bail bond.
What is Unlawful Assembly?
An unlawful assembly occurs when a group of people gather with the intent to engage in illegal activity, violence, or public disturbance. Even if a protest starts as peaceful, it can be declared unlawful if authorities believe it poses a threat to public safety. Under California Penal Code 407, an assembly becomes unlawful when:
• Blocking streets or government buildings.
• Engaging in violent behavior like fighting, vandalism, looting.
• Carrying weapons or threatening public safety.
• Refusing to follow police orders to clear an area.
What is Failure to Disperse?
Once law enforcement declares a gathering unlawful, they usually order participants to disperse or leave the area. If you ignore or refuse this order, you may be charged with failure to disperse under the California Penal Code 409.
• Law enforcement must issue a clear dispersal order.
• Individuals must have a reasonable opportunity to leave.
• If they stay, they can be arrested, even if they are peaceful.
Even bystanders or journalists covering an event can sometimes be caught in failure to disperse arrests.
When to Get a Bail Bond for Unlawful Assembly or Failure to Disperse?
For minor, non-violent offenses, a person may be released on their own recognizance (O.R.), meaning they do not need to post bail. However, bail may be required if:
• There are prior arrests or outstanding warrants.
• The charges involve violence, vandalism, or looting.
• The judge sees the individual as a flight risk.
If bail is set and you cannot afford it, working with a bail bond company can help secure a release.
What to Do If You’re Arrested for Unlawful Assembly or Failure to Disperse
• Stay Calm and Remain Silent: Do not argue with officers or resist arrest.
• Know Your Rights: You have the right to an attorney and a phone call.
• Call a Bail Bondsman: If bail is required, a bondsman can help secure release.
• Attend All Court Hearings: Failing to appear in court can result in additional charges and a bench warrant for your arrest.
Bail Bond Services in Clovis, Reedley, Sanger, Selma, Atwater, Los Banos, Merced, Visalia, Porterville, Tulare, Hanford, Corcoran, Lemoore & Greater Fresno, CA
Being arrested for unlawful assembly or failure to disperse can be overwhelming, but knowing your rights and legal options is crucial. If you or a loved one is facing these charges, contacting a bail bond service can help secure release quickly and allow you to focus on your legal defense. If you need help posting bail for a protest-related arrest, contact Ajua Bail Bonds. We can help secure a bail bond for your release.
