Flyer “Processed” (Arrested?) in NM After Declining to Show ID
Apr 26, 2010, 4:10 pm
#556
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Does your attorney think you have a better chance with a jury vis a judge?
Just hope you don't get a jury full of sheeple.
Just hope you don't get a jury full of sheeple.
Apr 26, 2010, 4:19 pm
#557
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do you travel by air and if yes, how often
when was your last flight
how do you feel about airport security
first one that says, "i feel much safer with the tsa" get's "the defendant would like to thank and excuse juror #..." faster than you can say "glove save and a beauty"
as ya gots ta weed out them sheeple
Apr 26, 2010, 4:25 pm
#558
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trial date(s), jury, charges
We've requested two continuances. It was originally set for February, then May.
I don't know.
I've been charged of the following four misdemeanors:
Disorderly Conduct 5311, 30-20-1
Concealing Identity 4802, 12-2-16
Resisting/Obstructing/Refusing Ofc 4801, 12-2-19
Criminal Trespass 5707, 12-2-3
I've been charged of the following four misdemeanors:
Disorderly Conduct 5311, 30-20-1
30-20-1. Disorderly conduct.
Disorderly conduct consists of:
A. engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace; or
B. maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person.
Whoever commits disorderly conduct is guilty of a petty misdemeanor.
Disorderly conduct consists of:
A. engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace; or
B. maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person.
Whoever commits disorderly conduct is guilty of a petty misdemeanor.
Concealing Identity 4802, 12-2-16
§ 12-2-16 CONCEALING IDENTITY.
It is unlawful for anyone to conceal one's true name or identity or disguise oneself with the intent to obstruct due execution of the law or with the intent to intimidate, hinder or interrupt any public officer, police officer, or any other person in the legal performance of his or her duties.
('74 Code, § 12-1-2-17) (Ord. 96-1973) Penalty, see § 12-1-99
It is unlawful for anyone to conceal one's true name or identity or disguise oneself with the intent to obstruct due execution of the law or with the intent to intimidate, hinder or interrupt any public officer, police officer, or any other person in the legal performance of his or her duties.
('74 Code, § 12-1-2-17) (Ord. 96-1973) Penalty, see § 12-1-99
Resisting/Obstructing/Refusing Ofc 4801, 12-2-19
§ 12-2-19 RESISTING, OBSTRUCTING OR REFUSING TO OBEY AN OFFICER.
Resisting, obstructing or refusing to obey an officer consists of either:
(A) Knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process; or
(B) Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his duties; or
(C) Refusing to obey or comply with any lawful process or order given by any police officer acting in the lawful discharge of his duties; or
(D) Interfering with, obstructing or opposing any officer in the lawful discharge of his regular and affixed duties.
('74 Code, § 12-1-2-20) (Ord. 96-1973) Penalty, see § 12-1-99
Resisting, obstructing or refusing to obey an officer consists of either:
(A) Knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process; or
(B) Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his duties; or
(C) Refusing to obey or comply with any lawful process or order given by any police officer acting in the lawful discharge of his duties; or
(D) Interfering with, obstructing or opposing any officer in the lawful discharge of his regular and affixed duties.
('74 Code, § 12-1-2-20) (Ord. 96-1973) Penalty, see § 12-1-99
Criminal Trespass 5707, 12-2-3
§ 12-2-3 CRIMINAL TRESPASS.
Criminal trespass consists of unlawfully entering or remaining upon the lands or property of another knowing that any consent to enter or remain has been denied or withdrawn by the person or persons lawfully in possession of the premises or after the request or demand to leave the premises by the authorized representative of the person or persons lawfully in possession of the premises.
('74 Code, § 12-1-2-3) (Ord. 96-1973; Am. Ord. 78-1978) Penalty, see § 12-1-99
Criminal trespass consists of unlawfully entering or remaining upon the lands or property of another knowing that any consent to enter or remain has been denied or withdrawn by the person or persons lawfully in possession of the premises or after the request or demand to leave the premises by the authorized representative of the person or persons lawfully in possession of the premises.
('74 Code, § 12-1-2-3) (Ord. 96-1973; Am. Ord. 78-1978) Penalty, see § 12-1-99
Apr 26, 2010, 4:26 pm
#559
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yup-and during jury selection, make sure that your attorney asks the prospective jurors questions like:
do you travel by air and if yes, how often
when was your last flight
how do you feel about airport security
first one that says, "i feel much safer with the tsa" get's "the defendant would like to thank and excuse juror #..." faster than you can say "glove save and a beauty" as ya gots ta weed out them sheeple
do you travel by air and if yes, how often
when was your last flight
how do you feel about airport security
first one that says, "i feel much safer with the tsa" get's "the defendant would like to thank and excuse juror #..." faster than you can say "glove save and a beauty"
as ya gots ta weed out them sheepleDo you frequent FT TSS and if so what is your nom de guerre?
Apr 26, 2010, 6:35 pm
#562
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Apr 29, 2010, 5:55 pm
#563
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Wish I could be on that jury, P., but I no longer live in New Mexico.
I am new this board and I have to say this thread is a real eye-opener. I shouldn't be surprised, but still, I am. FOUR misdemeanors???? Trespassing???
Can someone repost the information about how I can contribute to the defense fund?
Never mind about the link - I see it in Phil's sig line.
I am new this board and I have to say this thread is a real eye-opener. I shouldn't be surprised, but still, I am. FOUR misdemeanors???? Trespassing???
Can someone repost the information about how I can contribute to the defense fund?
Never mind about the link - I see it in Phil's sig line.
Last edited by Kiwi Flyer; May 2, 2010 at 7:03 pm Reason: merge consecutive posts
Apr 29, 2010, 6:13 pm
#565
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FREEDMAN BOYD HOLLANDER
20 FIRST PLAZA CTR NW STE 700
ALBUQUERQUE NM 87102-5802
Apr 29, 2010, 7:05 pm
#566
Join Date: Apr 2010
Posts: 88
Wish I could help more, Phil. As someone who does read Albuquerque newspapers with fair regularity (used to live there), I'll try and chime in, a highly reasoned way, on comments on stories related to your case.
New Mexico is a land of individualists, persons who regard themselves as independent and unique (a lot like Wyoming), but Albuquerque has plenty of sheeple. Still, one strong individualist on the jury and it may help.
What I find deplorable is the number of charges brought against you (they're trying to get you to plead out on one of them). Juries frequently view this as, in itself, "evidence" that you must have done something wrong. Hopefully, your attorney can get a reasonably intelligent jury to see that this is the bullying tactic in play.
I will say that I think people in Albuquerque aren't as dumbed down as in some American cities...wish I could be on that jury, too! (Me and FB...that's all it would take).
Shamefully, I once sat on a jury, in my youth, where I and another juror who wanted to acquit were bullied by the foreman and the bailiff into capitulating on a compromise (where we convicted on what we thought was the least of the charges - only to find out later that the poor man in question would receive the same sentence, anyway). Since then, I've learned a lot. I look forward to jury duty - but haven't been called in years (is it because I answer truthfully on their forms? that I believe in jury nullification? )
Naw, it's just not my turn yet - but when I get another chance, I will gladly sit on a jury (my job will pay me to do my civic duty). Last time I went, a lawyer seated next to me in panel box was not only into jury nullification, but declared that, being a criminal defense attorney, he might be biased. Judge asked him, "Are you saying that you will fail to be fair in your approach to the law and facts in this case?" The lawyer said, "I'll be fair, according to my own ideas of fairness." He was placed on that jury.
We have a fast track trial system though, in which unless you have some kind of medical or financial reason not to serve, you're gonna serve on a jury (unless you actually act completely crazy in front of the court).
New Mexico is a land of individualists, persons who regard themselves as independent and unique (a lot like Wyoming), but Albuquerque has plenty of sheeple. Still, one strong individualist on the jury and it may help.
What I find deplorable is the number of charges brought against you (they're trying to get you to plead out on one of them). Juries frequently view this as, in itself, "evidence" that you must have done something wrong. Hopefully, your attorney can get a reasonably intelligent jury to see that this is the bullying tactic in play.
I will say that I think people in Albuquerque aren't as dumbed down as in some American cities...wish I could be on that jury, too! (Me and FB...that's all it would take).
Shamefully, I once sat on a jury, in my youth, where I and another juror who wanted to acquit were bullied by the foreman and the bailiff into capitulating on a compromise (where we convicted on what we thought was the least of the charges - only to find out later that the poor man in question would receive the same sentence, anyway). Since then, I've learned a lot. I look forward to jury duty - but haven't been called in years (is it because I answer truthfully on their forms? that I believe in jury nullification? )
Naw, it's just not my turn yet - but when I get another chance, I will gladly sit on a jury (my job will pay me to do my civic duty). Last time I went, a lawyer seated next to me in panel box was not only into jury nullification, but declared that, being a criminal defense attorney, he might be biased. Judge asked him, "Are you saying that you will fail to be fair in your approach to the law and facts in this case?" The lawyer said, "I'll be fair, according to my own ideas of fairness." He was placed on that jury.
We have a fast track trial system though, in which unless you have some kind of medical or financial reason not to serve, you're gonna serve on a jury (unless you actually act completely crazy in front of the court).
Apr 29, 2010, 7:15 pm
#567
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Apr 29, 2010, 7:20 pm
#568
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What I find deplorable is the number of charges brought against you (they're trying to get you to plead out on one of them). Juries frequently view this as, in itself, "evidence" that you must have done something wrong. Hopefully, your attorney can get a reasonably intelligent jury to see that this is the bullying tactic in play.
Agree.
Apr 29, 2010, 7:40 pm
#570
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If I were a defense attorney, I might want them to try to bring a charge of trespassing in an airport against a passenger who had purchased a ticket. (That's aside from all the technical stuff which throws out most of the charges, and the factual stuff that throws out the rest provided they don't "lose" the videotapes.)