Could the State of South Dakota be Changing its Tactics to Prosecute Standing Rock Protestors?

While defense lawyers attempt to get through the nearly 100 cases involved with the Dakota Access protests, the sudden imprisonment of two activists came as a shock to them, making them wonder if the state has decided to be vindictive.

Alex Simon, 27, a teacher from New Mexico claims that he was singled out and unjustly arrested. He served 13 out of the 18-day sentence for locking arms with activists against a police line on October 22, 2016. That same day, 140 others were arrested with him. Aside from himself, only one other activist who received a jail sentence, 65-year-old Mary Redway, a retired environmental planner from Rhode Island.  Ms. Redway claims she was jailed immediately, and she served four days inside the women’s booking cellblock of the Burleigh Morton Detention Center. In fact, the booking guard refuse to believe that she had been jailed for “disorderly conduct” since no one ever receives a jail sentence for disorderly conduct.

So far, 310 cases for activists arrested during the Dakota Access Pipeline controversy have been dismissed or acquitted. An additional 107 activists made plea deals, and 24 cases have had pre-trial diversions, and one case has made an appeal to the North Dakota Supreme Court.  Another 109 cases are inactive, and 259 cases remain to be tried, calendared until July 2018. In total, the Water Protector Legal Collective reports that 854 people were arrested during the encampment of the pipeline.

Judge Merrick, one of the judges on the case, was one of the petitioners who attempted to change the Supreme Court law to stop out-of-state attorneys from defending out-of-state defendants.  The petition failed after the North Dakota Supreme Court received 536 comments against changing the law. In October Rep. Kevin Cramer (R-ND) petitioned Jeff Sessions to help prosecute “to the fullest extent of the law any criminal who try to destroy energy infrastructure.”

Protest Charges

Despite our First Amendment right to free speech, law enforcement officials can stick a number of charges against you just to retaliate against you for protesting.

They include but are not limited to:

  • Criminal trespass
  • Loitering
  • Incitement/rioting
  • Blocking a sidewalk or sweet
  • Failure to cooperate with lawful orders from police
  • Disorderly conduct
  • You can also be charged with violations of city noise ordinances

If you are arrested at a protest, do not resist the arrest; police will certainly place additional charges against you if you do. You do have the right to ask why you are being arrested. Beyond that, you have the right to remain silent, and you should exercise your right to ask for a lawyer immediately once you are taken into the booking facility. You should have the number of your criminal defense attorney ready, and should not go to a protest these days without being prepared with your own lawyer.

San Diego Property Crimes, Trespass, and Criminal Defense Attorney

Whether it be a felony, misdemeanor, juvenile case, or property crime case, The Law Offices of David M. Boertje have you covered. We will zealously defend your rights, along with your constitutional right to partake in a peaceful protest. If you have been arrested or charged for criminal trespass, contact our office today and ask for a free, confidential consultation.