Charges dropped

This is the second post in our case database series.

I would write up today’s news that the charges associated with my July 25th arrest were dropped, but there’s very little fanfare to report. When my name was called in court, I didn’t even have fifteen seconds of fame: the judge asked if I was indeed named Matthew Christian, I said I was, and she said: “alright, you’re all set.” And that was that: no paperwork, and not the least crumb of a sense that the city regrets having had me arrested for playing the violin.

There is one very important piece of take-away information from these: having video evidence of your arrest is important. In the video I took, my arresting officer insists that I’m not allowed to perform without a permit. That claim — which he used on video to justify my arrest — doesn’t hold water legal, as there is no such permit. The police flirted briefly with charges for blocking traffic, but since the police in the video had raised no concern about traffic, and since there had been no visible problem with traffic, they changed to a very dated state law concerning train stations.

The assistant district attorney handling my case could evidently see that wouldn’t fly. My Legal Aid attorney informed me a week ago that they had spoken by phone and that the charges would be dropped.

Could this case have gone differently? Sure: my arrest on 6/18 involved precisely the same circumstances, but because I didn’t take a video, I’m still charged with blocking traffic. If my arresting officer from 7/25 claimed that I was blocking traffic, it’s patently obvious that he’s lying; but if my arresting officer from 6/18 claims the same thing, it’s his word against mine. That case will be resolved tomorrow, and unfortunately, the lack of video means I’ll have to accept an ACD.

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s