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View Diary: Occupy San Diego:Arrested for Felony Conspiracy (156 comments)

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  •  Of course not. However, there IS a conspiracy (2+ / 0-)
    Recommended by:
    johnny wurster, nextstep

    to violate laws.  So, if by ''protest" you mean violate laws (even laws such as blocking streets without the necessary permits) technically, there's a conspiracy to violate that law (a conspiracy to disturb the peace, or a conspiracy to trespass for example).  

    Conspiracy is only criminal if it's a conspiracy to violate a law.  If the protest does not include law-breaking, or if you get permits for the protest and act in accordance with the permits, there is no conspiracy to violate a law.  

    •  You make it sound so reasonable... (4+ / 0-)
      Recommended by:
      VClib, elwior, joanneleon, Tonedevil

      anyway, I'm not sure I believe you. I think it behooves all occupiers, if at all possible, to consult with good, constitutional lawyers. I've been protesting since just before Katrina, and was arrested, and jailed, and charged with a felony that was later lowered, and it had nothing to do with "conspiracy".

      •  I'm a lawyer in New Orleans (5+ / 0-)

        and I agree with you that all protesters (not just occupiers) should consult with lawyers.  Preferably criminal defense lawyers (that's not my main area of practice).  And I'm just giving the kind of general principles that are applicable anywhere, and not giving specific advice on California law, so anybody who wants specifics info on the legality of what they are doing needs to consult a lawyer for that state.

        I'm not saying that people never choose to break laws in the name of some larger purpose.  Clearly they do.  But like you, I think that people should be aware of whether what they are doing is, or is not, in violation of the law, as well as the potential consequences for that law violation -- preferably BEFORE they do it.  That's the only way to make an intelligent decision as to whether this is an instance when you want to knowingly violate the law in the name of a larger cause and suffer the consequences of that  law violation.  

    •  Law based on "precidence" does favor the rich (6+ / 0-)

      it isn't blind, not from what I observe, it's part of the class war.

      Rich people get the best lawyers. They get the law to favor them (such as the Citizen's United horrid ruling), then that favorable ruling can be used to help the next rich person in the same situation.


      The boss needs you, you don't need him. -- France general strike, May 1968

      by stargaze on Thu Jan 12, 2012 at 09:24:55 AM PST

      [ Parent ]

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