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January 6th Protester Sentenced

Washington - U.S. District Judge Paul L. Friedman felt that an Alden man who had entered the capitol on January 6th has yet to fully learn his lesson despite a solid defense and an emotional apology. Back in May of this year, our client pleaded guilty to willfully and knowingly parading, demonstrating, or picketing inside the Capitol, a misdemeanor. The defense team clearly stated that the client "had changed a lot since that day in Washington, D.C., and truly understand his actions were wrong." The defendant also had the following statement before his sentencing:

“I do feel that I owe the American people an apology,” 

“I'm sorry for the people I let down that day,” he added. “I know sorry doesn't change the past or even what I did but I will say I definitely learned a hard lesson, a valuable lesson.”

It was the prosecution along with a News 4 Investigation that would provide enough evidence to the court that demonstrated that in the time since January 6th, the client posted public videos on a YouTube channel "Auditing Erie County" which has more than 41,000 subscribers. To the client, he was exercising his First Amendment to record in public spaces and test authority on those rights, but to others, he is "agitating officials and law enforcement in an attempt to escalate the encounters for more clicks on his channel to make money."

It was this perception of the client's continuation of behavior that the judge felt to be "further disrespect for the rule of law" that led the judge to rule in favor of the prosecution and sentence the client to 45 days in jail, and two years of probation, along with $500 in restitution and serve 60 hours of community service. He may not enter any law enforcement building without first getting permission. 

When charged with a crime, it's imperative to remain true to your word and ensure you don't provide ANY reason for the prosecution or judge to feel that you aren't being completely honest about your position of defense. 

These stories are available through News stories locally here in WNY. Past outcomes do not guarantee results. In the event that you have a question about a criminal case against you or someone you know, please contact Dan DuBois via our contact form or by phone. We will help you best understand the process and remember, we understand, we never judge.

Practice area(s): Criminal Defense

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