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View Full Version : Police Assault. CASE LAW: Disturbing the Peace -PLEASE HELP




gb13
07-15-2011, 10:37 AM
You may remember a month and a half ago, I was arrested and assaulted by two police officers. Well, the time has come to get these fraudulent charges dismissed and I need a bit of help...

Does anyone here know of any case law that could help in getting my charges dismissed? I need to find something that could indicate that there was a lack of probable cause to arrest me for "Disturbing the Peace".

Here is my original thread. (http://www.ronpaulforums.com/showthread.php?295573-I-was-ASSAULTED-by-a-Police-Officer-tonight.)

Any help is greatly appreciated.

mczerone
07-15-2011, 10:54 AM
As you were told in the last thread: get a lawyer. Call a few and ask if they can handle both defending the criminal charges and filing civil charges against the police. Try to gauge if they are sympathetic to liberty (most criminal defense lawyers are).

No money? Ask for a court appointed attorney.

What stage are you at now? Have you had a pre-trial conference with the prosecutor yet? Have you had to go in front of the judge for anything beyond a bond hearing yet?

If you're entirely anti-lawyer, then continue to plead not guilty, and make them continue the process against you. Don't accept any plea agreements that you don't like, and don't try to argue with the judge without knowing the procedure. You might think that you can reason with these people whenever you're talking to a prosecutor or judge, but they have a highly regimented system in place, and they get angry if you try to skirt it by arguing facts at an inappropriate time.

If you're adamant about representing yourself, at least go talk to a lawyer about what you can do, motions you can draft, and what they think about the likelihood of success in arguing the probable cause angle.

Go talk to a local lawyer - even if it costs you a couple hundred dollars, its a bargain compared to the advice your mining for here.

ETA: it seems you've already been through an arraignment by reading the rest of the last thread. How did that go? Did you have an attorney present at that time? Did they advise you that you could be appointed one? Was there a show cause hearing included in your arraignment? Are you scheduled for a trial coming up soon? These are just a fractions of the questions that need to be answered before you can get legal advice. SO GO SEE A LAWYER.

jm1776
07-16-2011, 06:42 PM
I can recommend the Jurisdictionary course. You will learn everything you need to know in order to win your case, including how and where to search for case law. You will also learn how to initiate action against the police department.

Jurisdictionary (http://www.jurisdictionary.com)

There are three elements of disturbing the peace in your state. The prosecution must prove beyond a reasonable doubt that all three apply to you:

1) That you engaged in conduct which most people would find to be unreasonably disruptive, such as making loud and disturbing noise, hurling objects in a populated area, threatening, quarreling, fighting, challenging others to fight, or uttering “fighting words;”

2) That your actions were done intentionally and not by accident or mistake; and

3) That you did in fact annoy or disturb at least one person.

Get facts on the record showing one or all of these are false and get your case dismissed.