Scrofano Law PC to Offer Pro Bono Services to Peaceful Protesters Arrested During Inauguration Weekend

by | Jan 11, 2017 | First Amendment

Scrofano Law PC, a premiere criminal defense and civil rights firm in Washington, DC, will be offering pro bono representation to any peaceful protesters arrested during inauguration weekend.

CONTACT US AT 1-866-701-5450 or 202-831-9926


With several large-scale events and planned protests coinciding with Donald Trump’s inauguration weekend, we believe defending the First Amendment is BIGLY important. As such, we are putting out some helpful information to protesters and offering our services free of charge to anyone arrested for conducting peaceful protest activities that weekend.

The District of Columbia has dozens of law enforcement agencies. Some have made arrests in the past for various non-violent activities and we believe its important to support the First Amendment if any such arrests are made during inauguration weekend.

We urge protesters in the strongest possible terms not to antagonize law enforcement. Know your rights and assert them respectfully and peacefully. Never resist or assault law enforcement. We will not represent protesters who engage in acts of violence or destruction of property pro bono. In the District of Columbia, it may be illegal to resist even an unlawful arrest. If stopped by law enforcement, be respectful, cooperate, and assert your constitutional rights:

• Explicitly state: “I am asserting my right to silence”
• Specifically ask: “May I speak to an attorney”
• Understand you may refuse if asked to be searched.

Some potential crimes protesters could be arrested for:

Failure to Obey a Lawful Order
The District of Columbia Municipal Regulation 18-2000.2 provides penalties for this offense that may range from a fine of $100.00 to $1,000.00. You can be arrested for this offense even though it carries no potential jail time.

Incommoding or Blocking Passage
District of Columbia Code § 22-1307 prohibits blocking passage on sidewalks for pedestrians and protesters. A person who violates any provision of the incommoding statute may face a fine and/or be imprisoned for not more than 90 days.

Unlike arrests for crimes like DUI, hit and run, gun offenses, drug offenses, and others arrests in DC, failure to obey a lawful order and incommoding often can be resolved by “post and forfeit” procedure, which does not constitute an admission of guilt or conviction on one’s record. Contact us for more information.

Resisting Arrest

DC Code provisions set a maximum penalty for resisting arrest at 6 months in jail and/or a fine. To convict you of resisting arrest, the government must prove that you “intentionally resist” someone who you “have reason to believe” is a law enforcement officer OR you prevent the officer from making or trying to detain or arrest another individual. Its a misdemeanor and even if you resist an unlawful arrest, the fact the arrest was unlawful is not a defense. An arrest for resisting does not have an option for “post and forfeit” and is a more serious offense in the District of Columbia prosecuted by the United States Attorney’s Office.

Additional Resources:

The Metropolitan Police Department is the District’s local police agency. It keeps a copy of its Standard Operating Procedures for Handling First Amendment Assemblies and Mass Demonstrations online. These, however, do not apply to other law enforcement agencies like Park Police and the United States Capitol Police.

The American Civil Liberties Union has additional helpful information on knowing your rights online.

Additional inauguration 2017 specific information from the ACLU DC.

Joshep S.

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Scrofano Law PC

At Scrofano Law PC, we believe in three simple principles. Honesty. We are always honest to our clients. We will never force or manipulate you to plead guilty or try to convince you to do something…

Martindale Hubbell Joseph Scrofano 2018
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