Orange County Criminal Defense

Occupy OC Protesters

October 24, 2011

Fred Thiagarajah

Four young men were arrested today as part of the Occupy OC movement.  These men were charged with violating Santa Ana city ordinances relating to camping.  The charges are misdemeanors and the young men were given a court date of December 5th after being cited and released from custody.  Although these young men may have been engaging in activity they believe to be related to freedom of assembly, they will most likely be prosecuted for these misdemeanor offenses.  The Orange County District Attorney’s office is a very conservative office, as exemplified by their prosecution against the “Irvine Ten” — the ten UCI students who protested against the Israeli Ambassador.

However, given that their offenses were de minimus in nature, they will most likely be offered some kind of resolution that ultimately results in a dismissal of their charges.   The defense may also have a valid Murgia motion to dismiss the case.

Murgia motion would require the defense to show selective prosecution by arguing that the police neglect to enforce these charges against the homeless people that engage in the exact same activity.


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