Protest Rights And Legal Challenges
Summary
Protesting on public roads is generally allowed, but local laws may impose restrictions. Missouri permits constitutional carry, but legal issues can arise. Defend against trespassing and harassment charges by proving you were in public spaces. Organize evidence and seek legal aid for assistance.Full Conversation
Sorry last name Jones
Thanks for clarifying your name, Benjamin Jones. Could you please specify the legal issue you need assistance with? That will help me provide you with the most relevant information.
I feel my 1st amendment rights have been taken from me and that my 1st amendment and 2nd amendment rights have been used against me in a court of law
Hi Benjamin, could you please specify your location? This will help me provide you with relevant legal information regarding your 1st and 2nd amendment rights.
I was protesting on a county road in St Francois county Missouri. I was the only protester. I guy came off the private road and asked if I was ok. I said yes. He asked what I was doing and I told him protesting. He asked what I was protesting and I told him mind your own business or it's none of your business and he drove off. A little later two St Francois sheriff officers show up. They told me to protest somewhere else. I informed them that I was legally there and I wasn't doing anything illegal. Then they told me my motorcycle was blocking traffic. I was park on the edge of the road. So I pulled my bike off the road. I was less than two feet from the edge of the road. Then they said I was trespassing. I informed the officer there was an easement for the road and it is considered public property. The two officers went up the private road and meet a group of people from the subdivision. They were there * min or so. Then they come back and put me under arrest for trespassing, harassment, criminal mischief. They wouldn't tell me who I trespassed against, who or how I harassed anyone or what I did to get a criminal mischief. This was on November the 8th. The next day two people got an ex parte against me. Then on Nov 13th I was protesting a business (shared blessing) in Bonne Terre MO. The local police show up and I informed them I was protesting. They wanted my name but I wouldn't give it unless I was under arrest or the suspect me of commiting a crime. They said they didn't have a problem with me protesting as long as I didn't go on shared blessings property. They came by a few times that night to check on me. They said they had received a call each time. Which I believe was true. Will in the morning the chief of police for bonne terre and another officer shows up and information I had an ex parte against me for that address. He asked if I was aware and I wasn't. I hadn't been served so he served me the copies the petitioners had. I had a firearm on me. Which they secured. The chief of police gave me a ride to my house and returned my firearm. Oct 1st I had the hearing for the two ex partes. One for Lindsey Richards which the judge asked if I threatened her or came on the property said said I never threatened her. I went on the property one night. She told me not to come on the property anymore. The judge asked if I had been on the property since. She said no. The night I was on their property it was during a time they have listed as being open. She entered into evidence videos of me on driving around the building during business hours in their driveway, texts between me and her, and text between her and my family members. None of the texts between me and her have any threatening statements or anything like that. She said I drive by the business. Which I do. It's not every day. It's not to go by there. It's the shortest way when I go to bonne terre. I don't slow down, I don't make any gestures, I don't yell anything. Just drive by. The judge granted it for 6 months and to be retried April 1st. The second one from Judy Bess. She told the judge we didn't know each other, she never met me, that the time I protested the first time was the first time she had any whatever with me. She said she pressed trespassing and I was arrested and I had a firearm on me. Judge asked if I had one on me at the time. I told him I did. He asked if I had it in the open or concealed. I told him concealed. He asked if I had a conceal carry permit. I told him I constitution carry. He asked what that was. I told him that I didn't need a permit to conceal carry. He implied something about me not knowing the law. I said to look it up. He got irrate and telling me not to talk to him that way. He said that twice the bailiff stood up and came over to me. Also I told him I had evidence that I was on the easement of the road and he never took it. But same outcome. 6 months April 1st. I was legally carrying a firearm. Doing a legal activity but I was still arrested and now I can't protest the shared blessings which is silencing my first amendment rights.
It sounds like you have been facing significant challenges related to your 1st and 2nd amendment rights. Here are some key points to consider:
- First Amendment Rights: You are generally allowed to protest in public spaces, but restrictions can apply based on local ordinances and the specifics of the situation.
- Second Amendment Rights: Missouri allows for constitutional carry, meaning you can carry a concealed firearm without a permit, but there are exceptions and restrictions, especially in sensitive areas or if you have other legal issues pending.
- Trespassing and Harassment: To defend against these charges, you’ll need to provide evidence that you were in a public space and not infringing on private property or harassing individuals.
It would be beneficial to consult with a lawyer specializing in constitutional and criminal law to help you navigate these legal challenges and ensure your rights are protected.
Would you like more information on finding a suitable lawyer or any other specific legal guidance?
- First Amendment Rights: You are generally allowed to protest in public spaces, but restrictions can apply based on local ordinances and the specifics of the situation.
- Second Amendment Rights: Missouri allows for constitutional carry, meaning you can carry a concealed firearm without a permit, but there are exceptions and restrictions, especially in sensitive areas or if you have other legal issues pending.
- Trespassing and Harassment: To defend against these charges, you’ll need to provide evidence that you were in a public space and not infringing on private property or harassing individuals.
It would be beneficial to consult with a lawyer specializing in constitutional and criminal law to help you navigate these legal challenges and ensure your rights are protected.
Would you like more information on finding a suitable lawyer or any other specific legal guidance?
I know I have a short time in the ex parte. What should I do while I find a lawyer. I don't have money so it would have to be an attorney that would take payment out of a possible lawsuit against the county police for violating my rights
While you search for a lawyer, consider these steps:
- Gather and organize all evidence, including videos, texts, and any other documents supporting your case.
- Prepare a concise, factual summary of events.
- Stay informed about your court dates and comply with all legal requirements.
- Research local legal aid organizations that may provide free or low-cost assistance.
Would you like help finding legal aid organizations in your area?
- Gather and organize all evidence, including videos, texts, and any other documents supporting your case.
- Prepare a concise, factual summary of events.
- Stay informed about your court dates and comply with all legal requirements.
- Research local legal aid organizations that may provide free or low-cost assistance.
Would you like help finding legal aid organizations in your area?
Yes
Legal Services of Eastern Missouri
Phone: (*) *-*
Address: * Forest Park Ave, St. Louis, MO *
Website: www.lsem.org
Would you like more information on how to prepare your case summary or any other specific guidance?
Yes
To prepare your case summary effectively, follow these steps:
- Chronological Order: List events in the order they occurred.
- Dates and Times: Include specific dates and times for each incident.
- Evidence Details: Note the type of evidence you have (videos, texts), and describe how it supports your case.
- Key Points: Highlight key points where your rights were allegedly violated.
Would you need more guidance on how to present this information in court?
- Chronological Order: List events in the order they occurred.
- Dates and Times: Include specific dates and times for each incident.
- Evidence Details: Note the type of evidence you have (videos, texts), and describe how it supports your case.
- Key Points: Highlight key points where your rights were allegedly violated.
Would you need more guidance on how to present this information in court?
Not at this time but I can continue this at another time. Correct?
Yes, you can continue this at another time. If you have any more questions or need further assistance, feel free to reach out. Good luck with your case!
Could I get more information on preparing my case summary
Sure, here's more detailed guidance for preparing your case summary:
- Title: Case Summary for [Your Name]
- Introduction: Briefly explain the purpose of the summary.
- Incident Details:
- Event *: Protesting on November 8th
- Date & Time
- Location: County road in St Francois County, Missouri
- Description: Interaction with a resident, arrival of officers, subsequent arrest.
- Event *: Protesting on November 13th
- Date & Time
- Location: Shared Blessings, Bonne Terre, MO
- Description: Police interactions, ex parte service.
- Event *: Ex Parte Hearings on October 1st
- Details: Hearing specifics, evidence presented, judge's questions, outcomes.
- Evidence List:
- Videos
- Text messages
- Photos of the protest site
- Any other relevant documents
- Legal Points:
- First Amendment: Right to protest in public spaces.
- Second Amendment: Right to carry a concealed firearm under constitutional carry.
- Defenses:To prepare your case summary effectively, follow these steps:
- Chronological Order: List events in the order they occurred.
- Dates and Times: Include specific dates and times for each incident.
- Evidence Details: Note the type of evidence you have (videos, texts), and describe how it supports your case.
- Key Points: Highlight key points where your rights were allegedly violated.
Would you need more guidance on how to present this information in court?
- Title: Case Summary for [Your Name]
- Introduction: Briefly explain the purpose of the summary.
- Incident Details:
- Event *: Protesting on November 8th
- Date & Time
- Location: County road in St Francois County, Missouri
- Description: Interaction with a resident, arrival of officers, subsequent arrest.
- Event *: Protesting on November 13th
- Date & Time
- Location: Shared Blessings, Bonne Terre, MO
- Description: Police interactions, ex parte service.
- Event *: Ex Parte Hearings on October 1st
- Details: Hearing specifics, evidence presented, judge's questions, outcomes.
- Evidence List:
- Videos
- Text messages
- Photos of the protest site
- Any other relevant documents
- Legal Points:
- First Amendment: Right to protest in public spaces.
- Second Amendment: Right to carry a concealed firearm under constitutional carry.
- Defenses:To prepare your case summary effectively, follow these steps:
- Chronological Order: List events in the order they occurred.
- Dates and Times: Include specific dates and times for each incident.
- Evidence Details: Note the type of evidence you have (videos, texts), and describe how it supports your case.
- Key Points: Highlight key points where your rights were allegedly violated.
Would you need more guidance on how to present this information in court?