A few months ago, eight political protesters were arrested and charged with failure to disperse for doing nothing more than exercising their rights to speak and assemble. Unfortunately, five of those cases are still pending, but the defendant who Dan represented had his case dismissed today.
Dan won this case by taking a multipronged attack. He filed multiple motions to dismiss, arguing both that the failure to disperse statute is unconstitutional and that the police reports failed to allege that a crime was committed. He also submitted video evidence to the prosecutor’s office showing that while Dan’s client did not do exactly what the police told him to do, his behavior did not rise to the level necessary to support a conviction.
When it came time to file his response, the prosecutor, apparently recognizing that he had no chance of beating Dan’s motion, simply filed his own motion to dismiss. Case closed.