Understanding Curfew Violations and Arrests in Minnesota
If you were arrested for a curfew violation, the lawyers at Sieben Edmunds Miller can help you understand your rights and options.
Curfews, whether imposed during civil unrest, emergencies, or for juveniles, can raise serious legal and constitutional questions. Violating a curfew may seem minor, but in many situations it can result in criminal charges, fines, or even jail time.
This post explains what happened during Minnesota’s emergency curfews in 2020 and what individuals should know if they are charged with violating a curfew order.
Emergency Curfews and Minnesota’s 2020 Executive Orders
In the wake of George Floyd’s tragic murder in May 2020, thousands of people across Minnesota participated in protests and demonstrations. While many gatherings were peaceful, widespread property damage, looting, and fires led state and local officials to declare emergencies.
Governor Tim Walz declared a peacetime emergency and activated the Minnesota National Guard on May 28, 2020. As part of that response, emergency curfews were imposed in Minneapolis and Saint Paul beginning May 29, with additional extensions and modifications in the days that followed. The executive order allowed other counties and cities to implement their own curfew restrictions.
Dakota County, along with several other jurisdictions, issued mandatory curfews citing heightened risks to public safety. These orders restricted travel and public movement during designated hours and were enforced by law enforcement.
Local Curfews and City-Specific Enforcement
While Dakota County did not renew its curfew for the full extended period, individual cities, including Eagan, implemented their own curfew rules. These orders varied by location and timeframe, making compliance difficult for residents who traveled between jurisdictions.
This highlights an important point: curfew laws are often city- or county-specific, and enforcement can vary depending on where the violation occurs.
Is a Curfew Violation Legal or Constitutional?
Curfews, especially emergency curfews, can raise serious constitutional concerns, including restrictions on freedom of movement and assembly. At the time, Sieben Edmunds Miller attorneys actively challenged the legality of certain curfew orders, arguing that they infringed on fundamental rights.
However, even when a curfew’s legality is questioned, it is still enforced unless and until a court rules otherwise. Ignoring a curfew order can result in criminal charges.
What Happens If You Violate a Curfew in Minnesota?
If you violate an emergency curfew while it is in effect, you may be charged with a misdemeanor offense. Potential penalties can include:
- Arrest
- A criminal citation
- Fines, up to $1,000 in some cases
- Possible jail time, up to 90 days
If you were arrested for a curfew violation, it is important to take the charge seriously and seek legal guidance as soon as possible.
Charged With a Curfew Violation? Legal Help Matters
Curfew violations are often enforced quickly and aggressively, especially during emergencies. Individuals may be arrested without fully understanding the scope of the order or whether exceptions applied to their situation.
If you were charged with violating an emergency or juvenile curfew in Minnesota, the criminal defense attorneys at Sieben Edmunds Miller can review the facts of your case, evaluate the legality of the curfew, and work to protect your rights.
Contact us today to discuss your situation.
Frequently Asked Questions About Curfew Violations, Arrests, and Criminal Charges
What happens if you violate a curfew?
If you violate a curfew, law enforcement may issue a citation or arrest you, depending on the circumstances and the type of curfew. Penalties can include fines, court appearances, or criminal charges.
Is a curfew violation considered a misdemeanor?
In many jurisdictions, including Minnesota during emergency curfews, violating a curfew may be charged as a misdemeanor offense, which can carry fines and possible jail time.
Is violating curfew a crime in most states?
It depends on the type of curfew and state or local law. Some curfews are enforced civilly, while others, particularly emergency or adult curfews, may result in criminal charges.
Can you be arrested for a curfew violation?
Yes. In certain situations, especially during emergency curfews, individuals can be arrested for violating curfew orders.
What penalties can you face for breaking a juvenile or emergency curfew?
Penalties may include fines, community service, court supervision, or criminal charges. Emergency curfews often carry harsher penalties than juvenile curfews.
Does a curfew violation stay on your criminal record?
A curfew violation can appear on your criminal record if it results in a conviction. In some cases, it may be eligible for expungement, depending on the outcome and the individual’s record.
Can you fight a curfew violation charge?
Yes. Depending on the circumstances, defenses may include improper enforcement, lack of notice, or constitutional challenges to the curfew order.
Are curfew laws the same for adults and juveniles?
No. Juvenile curfews and emergency curfews often operate under different legal standards and penalties.
What should you do if you’re stopped by police for a curfew violation?
Remain calm, comply with lawful orders, and avoid making statements until you understand your legal rights.
