41 votes

Resisting Arrest Without Violence

I was handing out fliers at red light intersections, about "Ban the Red Light Cameras" in Apopka Florida. On 9/14/13 Officer Robert Cambell demanded my ID and my name & date of birth. I said no unless I am being arrested! He would not answer. eventually he arrested me for "Resisting Arrest W/O Violence" and sighted me for "obstructing Traffic"?

My charges from 9/14/13, "Resisting Arrest Without Violence" were dropped (NOLLE PROSEQUI) yesterday by the state attorney, Steven Miller. I think the reason for the dismissal was that I was defending myself and after consulting with many other patriots I found a pertinent appeal (MACON v. STATE of Florida # 5D02-2587. 9/19/2003). The Appeal stated that if the infraction is not just the (Resisting Arrest Without Violence FS 843.02) then must be dismissed!
Judge Deb Blechman (this is a good Judge), did not know about this appeal. After she reviewed the appeal, she talked to the State attorney and I for a hour to discourage us from proceeding to trial in December. I said I would not negotiate and wanted to go to court so that I could use Jury Nullification! They did not want to hear the Nullification word! It worked the state dropped the charges. Now I am going to sue them for false arrest and again defend myself.
Mark Schmidter
“It is the responsibility of intellectuals to speak the truth and expose lies.” Noam Chomsky



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Way to go, Gimmy Truth

I wish you success in your pursuit of justice against the officer who arrested you under false pretenses.

Give no quarter. The tyrants rarely do.

Freedom is the ability to do what you want to do.
Liberty is the ability to do what you ought to do.
"Where the Spirit of the Lord is, there is liberty." 2 Corinthians 3:17

great job!

youtube or it didn't happen

Official Daily Paul BTC address: 16oZXSGAcDrSbZeBnSu84w5UWwbLtZsBms
Rand Paul 2016

congratulations and what you did right

What you did right was not acting like the "montana free man" in Court. Can you imagine if you had, that the judge would have been pushing the prosecution to dismiss? Courtesy and expecting people will do their jobs properly goes a long way.

I can tell you that there is no great fear among prosecutors or judges that jury nullification will take place. It does happen, but is so rare the odds of it are miniscule. So I doubt that is the reason it was dismissed.

Rather, I think that "resisting without violence" falls into a category of statutory offenses that probably shouldn't be on the books, aren't often prosecuted, and which often go the way yours did. Judges are very protective of their trial calendars and if they can get a case off the books and it isn't something that will create a news story or public outrage, they'll do it. If you have a minor misdemeanor, they often get dismissed just for that reason.

Good job, nonetheless, especially for citing caselaw that applied.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Yeah just disregard that whole nullification issue

I hear the lawyers and judges hate it. Nullifying bad laws = bad! Doing what the judge and lawyers tell you to do = good! lmfao!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

What you know is little and you're wrong

I'm all for nullification. But for many reasons it just about never happens. But this is typical of our discussions "Ira"( not his real name)...I explain the way things are in courts today based on knowledge and experience...you then go ape with ad hominem attacks.

Further, why would a lawyer on the defense end ever be against it? And why would a constitutional strict construction is like me be against it? That makes no sense at all.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

We'll keep pushing the idea on this end and

hopefully you'll get to deal with it on your end. Maybe we'll prevail. But you're no help, I guarantee it!

When was the last time you instructed a jury of their rights?

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

You really don't know how it works

Where I'm from the lawyers don't instruct the jury. The court does.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

So closing arguments is for

tiddly winks then??? Couldn't slip it in there at all? I mean after all, you can spend as much time as you want educating them about their proper role then. Unfortunately I know far too well how the game is played and the accused usually gets the shaft because of lawyers playing along with the judge and the other side. I know far too well how lawyers kiss the ass of the court because they, not the client, have to appear in the same court again and it's better to sacrifice the client than you earning your money.

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

Thanks for explaining

Now here is reality. Last jury trial I had, the judge, knowing I am a Ron Paul supporter, said quote "I am the only one who will be instructing the jury on the law." Now you can argue, but that means you get to say how the facts fit into the law as it is represented by the court. Nullification is not presently considered a legitimate tactic under current law in my state...I disagree with that and know many lawyers who feel the same way.

The judge will give the jury prefab jury instructions and step by step verdict forms. There will not be an option for " dislike the law and nullify it" on the jury form. If one tries to do it stealth, the risk is re trial, or being replaced by an alternate, or even the judge granting a motion for Jnov.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

If the revolution ever turns non-peaceful

I hope it's the judges who feel it first, then the lawyers who played along. Good luck keeping your mouth shut then.

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

If you're such a freedom fighter

Why don't you tell us how successful you were in getting your cases nullified? What else have you done about it? Ever anything at all? I at least helped write a law review article on it about twenty years back. I bet that's more than you'll ever do.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Jury Nullification, Civil disobedience

Yes I was one of those arrested in Florida, for leafleting FIJA (Jury Nullification) fliers on the courthouse steps, by Administrative Judge Belvin (tyrant) Perry (of Cassy Anthony fame) at Orange County Courthouse, Orlando Florida. I defied 2 of Judge Perry's administrative orders, 1) the written content of the (FIJA.org) flyer I was handing out and 2) not being in the free speech zone. I completed 104 days in jail and was released June 4th this year. Judge Belvin Perry is a threat to our 1st amendment rights and should be removed from the bench if not in jail, instead me! I still hand out FIJA fliers, but now at Seminole county Criminal Justice Center (SCCJC). They don't like me there either? LOL I just found out that the state attorney (@SCCJC) is now telling the summoned jurors that the flier I am handing out is a lie!!

Freedom requires constant vigilance.
Justice requires constant publicity.
Yours in Freedom. Mark Schmidter

Mark E. Schmidter

Agree with that!

The whole country should be a free speech zone

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Mark,

you are a hero! We need ten million more like you!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

20 years ago you did something you thought was grand

I'm happy for you! What did it accomplish? Nothing. Nullification is a dirty word in your protected profession, and America is poorer for it!

What have you done for freedom lately? All I see you doing is coming here telling others how intellectually superior you are, and how ignorant those who choose a different path are.

Now scram!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

all I see

is that some but not all people can't handle being told the truth, despite being truthers. You're an alternasheep and just can;t handle the truth.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Time for another law review article,

and maybe a new name change too! Yeah, that'll work!!!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

do you have anything of substance to say/

or are you just here to harass people who don't agree with you on every little thing?

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

But I'm talking with you.

It doesn't matter!

Keeping my powder dry! ;)

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

You have no powder

If you did, we wouldnt be having this discussion. Instead, you'd understand.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

I understand

I just don't agree and this bothers you!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

You don't understand and dont care for truth

You just try to give the impression that you do. I see through it and this bothers you. You're not used to having your caped crusader who accomplishes nothing routine challenged. Go back to your coffee house and try to impress the kiddies. Tell them about how you're a big shot.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Don't practice criminal law so no playing along

The only place one needs a unanimous jury is criminal court. There is no nullification...nor any playing along by yours truly in civil court.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

Excellent! sue the pucks!

Good going! Remember, you don't have an ID, you have a drivers license. And you weren't driving.

When did common sense become a super power? –Patrick F. Holman

Spread widely. Time to take back our courts. Register as juris

http://nationallibertyalliance.org/pages/registration.html
http://1215.org/lawnotes/lawnotes/jury.htm
http://www.youtube.com/watch?v=AeplTS49eKg Dean Clifford - Courtroom Procedure & Jurisdiction – Full
http://www.youtube.com/watch?v=3XnVqSNV3Aw&feature=youtu.be "Good jurors nullify bad laws" - Campaign to promote jury nullification
http://fija.org/ Fully Informed Jury Association
http://disinfo.com/2010/03/juries-are-allowed-to-judge-the-l...
http://www.lawfulpath.com/index.php?p=Reading-Room&i=0#tactics
http://nationallibertyalliance.org/jurist/docs/Seeking%20Inf...
"Grand Juries are the highest and most supreme power...So, if all political power resides within the People, and the People, sitting as Grand Jurors, have the ultimate control over all criminal matters and are free to indict whomsoever they will, including public officials, why propose Recalls of public officials?..e one and only way we will ever recover our country, and that is through our inherent power to establish Special Grand Juries." has the power to enforce law and remove people from office.
http://www.lawfulpath.com/index.php?p=Reading-Room&i=0#tactics
"Reaffirmation of Oath of Office, by (original author unknown) revised by Gregory Allan (4K)
Hold Public Servants to their oath, or make them pay the price. It basically asks them to sign a contract to make you one of the people to whom they have sworn an oath. No one will ever sign this, but showing it to them and asking them to sign it becomes evidence they have been put on notice."

It might not have been the mention

of nullification that got the charges dropped.

A judge can suppress the mention of it in his own courtroom.

I think it was just the lack of any other charges. It's putting the cart before the horse to make the charge "resisting arrest without violence". It's practically admitting to making an unlawful arrest. And there's no horse, sorry, the metaphor center of my brain isn't that sharp today.

Defend Liberty!

Nice :-)

Know your rights and you will win :-)

"What if the American people learn the truth" - Ron Paul

That would be true in a

That would be true in a perfect World but both you and I know not all courts and judges in this country are just. The justice system has become the "just us" (the government the bar) system already in much of the country.

“Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian.” ― Henry Ford.

Judges behave unlawfully because we allow them by not knowing

the law. Lawyers I know do NOT know about Jury Nullification. We are ignorant and don't know that we have to DEMAND to be heard in a Common Law court, by a jury or our peers. Do not just pay off traffic/parking tickets. Fight it in a Common Law court!

huh?

All courts are common law courts in America. Any lawyer that doesn't know about jury nullification isn't a trial lawyer, but I will say this: Jury nullification is as rare as hens teeth. For all that gets written about it in the libertarian press, the rest of the world is largely silent about it. it just doesn't happen, except once in a blue moon (I think i read about a marijuana possession case that sounded like it might have been jury nullification and that was about a year ago).

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein