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Criminal Law Blog

What to Do If You’re Arrested at a Protest

June 13, 2025

The First Amendment gives you the right to peaceful protest and freedom of speech and assembly. Everyone in the U.S. has this right, even non-citizens. However, even though your right to protest is protected, you may still be at risk of arrest based on the scope, circumstances, and location of the protest. If you are arrested at a protest in Arizona, it’s very important to consult with the best criminal lawyer in your area. Attorney Janet Altschuler offers these tips for what to do if you are arrested at a protest. 

Stay Calm and Invoke Your Rights

The most important thing to do is to stay calm. If you try to resist arrest, flee an officer, or behave in an erratic manner, you could face additional charges or even put yourself in a dangerous situation. Clearly and calmly state that you are invoking your right to remain silent and your right to an attorney. 

Do Not Consent to Search or Provide Your Phone Password

You are not required to consent to a search of yourself or your belongings, and you do not have to give law enforcement officers the password to your phone. You also do not have to provide any photos or videos you have taken or delete them from your phone or other devices. 

Ask What the Charges Are and if You Are Free to Leave

Ask law enforcement officers to state the charges against you. If you are under arrest, they must tell you why. If they cannot, ask them if you are free to leave. If you are under arrest, invoke your rights and ask to use the phone to call a criminal defense attorney

Document Everything

If possible, take photos or video of your arrest and/or any injuries sustained during your arrest, or have other people who are with you do so. Document the names and badge numbers of all officers involved and try to get names and contact information for any witnesses who were present. Make sure your friends and family know what happened so that they can corroborate your account of the events and any injuries you have sustained. 

Attend All Court Dates

If charges are filed against you and a court date is set, it is crucial that you attend and find a good criminal lawyer to represent you. If you miss a court date, the judge may issue a warrant for your arrest or add a failure to appear charge to your case. This can lead to fines, jail time, and other serious penalties. 

Find an Experienced Criminal Defense Attorney

Many criminal lawyers offer free consultations. If you are arrested, contact a criminal lawyer who has experience defending protestors. Attorney Janet Altschuler has extensive experience defending juveniles and adults whose First Amendment rights have been violated. Call our office now or contact us online to set up a free consultation and learn more about your options after being arrested at a protest in Arizona.

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