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Marsh Halberg

Marsh Halberg

"Attorney of the Year" (Minnesota Lawyer 2011)

"Top Six Criminal Defense Attorneys" (Mpls/St.Paul Magazine)

"Super Lawyer" (1997-Present)

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Tina Appleby

Tina Appleby

Achieved jury acquittals / case dismissals / successful resolutions in over 2,000 cases

"Top 100 National Trial Lawyer"

"Who's Who in Criminal Law"

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Eric Nelson

Eric Nelson

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 and 2016

Named one of the "TOP 40 UNDER 40" by the National Trial Lawyers' Association

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Doug Hazelton

Doug Hazelton

"Best Lawyers in America" (2008-Present)

"Super Lawyer" (2008-Present)

Author Minnesota DWI Handbook (West Publishing)

Author Minnesota DWI Survival Guide

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Jeremy Kaschinske

Jeremy Kaschinske

One of a handful of MN defense attorneys certified on DataMaster, DMT (MN's current breath-testing device)

Contributing Author to Minnesota DWI Deskbook

"Super Lawyer Rising Star" 2014, 2015 and 2016

TOP 10 Under 40 for the State of MN

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Debbie Lang

Debbie Lang

2012, 2014, 2015 and 2016 "Super Lawyer Rising Star"

"Top 100 National Trial Lawyers" by the National Trial Lawyers' Association

1 of 50 Minnesota Society for Criminal Justice Members

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Dave Risk

Dave Risk

Eight-Time Award Winner of "SuperLawyer - Rising Star"

J.D. William Mitchell College of Law magna cum laude graduate

2014, 2015 and 2016 "Super Lawyer"

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Andrew Wilson

Andrew Wilson

Magna Cum Laude from Mitchell Hamline School of Law

"Marshall Brennan Fellow"

Former Law Clerk, Third Judicial District

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Christina Zauhar

Christina Zauhar

Member of Minnesota Women Lawyers

Member of the Minnesota State Bar Association

Contributing Author to Minnesota DWI Deskbook

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Minnesota Protesting Laws Attorney

HomePractice AreasProtesting Laws

PUBLIC NUISANCE AND OTHER LIMITATIONS ON PROTESTING

Protests have perhaps never been without controversy. Following several high-profile protests across the country, however, Minnesota entered into the new wave of national discourse surrounding limitations on an individual’s right to protest in late2015 and into the summer of 2016. The public conversation in Minnesota was in particular response to protests at the Mall of America, Minneapolis-Saint Paul International Airport, and roadways in the Twin Cities and surrounding communities. At the center of the debate were difficult and complex questions: Where and when should protests occur? Should there even be a limitation on a person’s ability to protest?

Minnesota legislators then had the burden and responsibility of determining how to balance an individual’s First Amendment right to protest and express themselves politically with concerns of public safety and one’s ability to travel.


PENALTIES FOR DISORDERLY CONDUCT

Prior to this year's legislative session, there were already laws in place applicable to the controversial protests, leading to publicized arrests of numerous protestors. Protestors at the Mall of America were arrested for trespassing, defined by Minnesota Statute 609.605 as intentionally entering the premises of another without claim of right and refusing to depart from the premises on demand, and unlawful assembly, defined by Minnesota Statute 609.705 as three or more persons joining in a manner as to disturb or threaten the public peace. Both trespass and unlawful assembly are misdemeanor crimes punishable by up to 90 days jail and a $1,000 fine. Protestors on Interstate 94 in St. Paul were arrested for public nuisance, defined by Minnesota Statute 609.74 as interfering with, obstructing, or rendering dangerous for passage any public highway or right-of-way used by the public.Public nuisance is also a misdemeanor offense.

There have also been examples of protestors arrested for misdemeanor disorderly conduct in violation of Minnesota Statute 609.72, but in September 2017 portions of that statute were found by the Minnesota Supreme Court to be unconstitutional as applied to individuals whose conduct is protected by the First Amendment.

The Minnesota legislature has taken steps in 2017 to increase the severity level of public nuisance to a gross misdemeanor, which is punishable by up to one year of jail and a $3,000 fine. Those in favor of the increased penalties often cite the need for emergency vehicles to freely traverse roadways, as well as inconveniences to public travel caused by the protests. Opponents to the law change believe that the increased penalties would have a chilling effect on fundamental First Amendment rights and deter people from participating in lawful protests. Minnesota’s attempts to increase anti-protest laws are on trend with other Midwestern states, including North Dakota, Iowa, and Michigan.


MINNESOTA FREEDOM OF SPEECH LAWYER

The attorneys at Halberg Criminal Defense are closely following the evolving law surrounding protest limitations to ensure effective representation of individuals who are charged with a crime during participation in a protest. If you are charged with trespass, unlawful assembly, public nuisance, disorderly conduct, or any other offense as a result of participating in a protest or other public gathering, please contact one of our experienced and knowledgeable attorneys to discuss your case.

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