Update: The Society of Professional Journalists is protesting Judge Jose L. Fernandez’s harsh sentence against me.
By Carlos Miller
How can one resist an unlawful arrest?
That is the question I asked the judge when I was informed of the jury’s verdict, which came in at 11:45 p.m. , after almost two-and-a-half hours of deliberations:
- Not guilty of disobeying a police officer
- Not guilty of disorderly conduct
- Guilty of resisting arrest without violence.
Judge Jose L. Fernandez, who turned out to have an extreme contempt for me, was unable to answer that question, even though he had asked if I had any questions after the verdict was read.
Instead, Fernandez said I was guilty of obstructing traffic, the single charge the jury was not allowed to rule on because it is considered a traffic infraction and not a misdemeanor charge.
Although prosecutor Ignacio Vazquez was (thankfully) asking for only three months probation and court costs, Fernandez slammed me with one year of probation, 100 hours of community service, anger management class and $540.50 in court costs.
I hate to see what I would have received had the prosecutor asked for jail time and had the jury found me guilty of three misdemeanors instead of one.
Fernandez said something to the effect of “your non-remorse in this case appalls me” as well as laying into me about by body language and demeanor during the trial not to mention the “chit-chat” between me and my “fans”, which actually were my aunt and my mom.
He accused me of getting arrested on purpose for the sole purpose of launching a blog and becoming a “hero”. He then reminded me that the real heroes are buried in Arlington who fought for my freedoms and suggested that I pay a visit to the cemetery.
Your Honor: I have visited Arlington several times so you don’t have to remind me of the veterans who fought for my freedoms.
In fact, my father was a navy pilot during World War II. He was born in Virginia, a few miles south of Arlington. He was killing “Japs” before you were born, to use the non-PC word my dad would use.
Just because hundreds of thousands of veterans have died defending democracy and my freedoms does not mean I should refrain from utilizing these freedoms, whether it be blogging, photographing or standing up for what I believe in.
Because otherwise, their sacrifices would have been wasted.
Popularity: 100% [?]
104 responses so far ↓
1 srcohiba // Jun 18, 2008 at 5:28 am
Sounds like you have some valid points for an appeal. I take it that your trial was in County Court?
Sounds like the judge considered factors in his sentence that were not presented to the jury. A big no no.
Also appears as you noted that there is an inconsistent verdict between the 1st and last count.
I’m sure your lawyer will move for a new trial and for a judgment of acquittal on the last count. If the judge denies it, appeal his ass.
I may not agree with you politically, but I’m with you on this as a fellow photographer. Also as a civil rights lawyer, your case sickens me. Should have never been brought. Total waste of taxpayer money.
Good luck dude.
2 FerfeLaBat // Jun 18, 2008 at 6:01 am
Did he actualy cite your blog as the reason he gave you a years probation instead of the lesser three months? *raises eyebrow* Interesting.
I don’t think there is any such thing as an unlawful arrest. The police can haul you into jail and hold you for a day for no reason at all.
At least this part is over. That’s gotta feel like a weight has been lifted if only a little.
3 Ms Calabaza // Jun 18, 2008 at 6:13 am
“At least this part is over. That’s gotta feel like a weight has been lifted if only a little.”
I agree. Maybe you should ask your lawyer before posting anymore about this case and especially your feelings towards the judge. I would hate for you to lose an appeal due to prejudice by anyone reading your blog (much as I love to read it). Take care of yourself. It’s a new day and you are not in jail. Relax and regroup.
4 Cigar Mike // Jun 18, 2008 at 7:53 am
FerfeLaBat, you’re wrong. You need probable cause.
Calabaza, if the judge is basing his decision on what Carlos writes here, then he has grounds to disqualify him.
5 Alex // Jun 18, 2008 at 8:14 am
Absolutely. Sounds like the judge was trying to teach you a lesson beyond the merits of the case. HE himslef said the blog was off-limits when the prosecutor tried to introduce it, right?
An appeal is a costly proposition though. This is why is a legal system and not a justice system.
6 Henry Gomez // Jun 18, 2008 at 8:23 am
I thought the remarks of the judge we inappropriate. As Carlos mentions, what he was guilty of is a minor traffic offense of debatable validity given the state of the road on the night in question. It is obvious from the evidence that cops simply did not like their picture being taken and when Carlos did not comply with an unlawful order to “keep it moving” they got on their cop’s high horse and were going to “teach him a lesson”. I remember hearing the last cop testify and saying something like “that’s when I decided he was going to jail.” Because he doesn’t determine whether Carlos broke the law, he determines whether or not Carlos goes to jail.
It was weak. The whole line by the judge about Arlington was weak and made me cringe and I’m a patriotic American.
It seems to me that the judge bought into the state’s argument that Carlos did this to make himself famous. It never occurred to him that perhaps, perhaps when an injustice is committed against you by government authority that you might want to use every means at your disposal to tell people about it.
Honestly, what I saw in the two courtrooms that I was an observer at could not be more contrasting. Judge Tinkler Mendez seemed to be in more control of her emotions, etc. This judge, judge Fernandez seemed guilty of what jurors are asked not to be which is guided by their own bias. His remarks at the end prove that he was looking at Carlos’ demeanor at the counsel’s table more than at the evidence (or lack of evidence) in the case.
7 Scott // Jun 18, 2008 at 8:38 am
Ugh, it sounds like the judge decided you were guilty of not being deferential enough to him on top of not being respectful enough to the cops.
What a sad example of the American Justice system. How can you be found not guilty of the charges warranting arrest, but guilty of resisting? If the arrest was unwarranted, you were in your rights to resist.
8 Scott // Jun 18, 2008 at 9:47 am
Carlos,
It seems like such injustice to have a judge display contempt. I’ve never understood how that works. Glad you weren’t found guilty on the first two, shame about the third, though.
9 Bill // Jun 18, 2008 at 10:12 am
Carlos, take a moment and read this pdf.
http://www.5dca.org/Opinions/Opin2003/091503/5D02-2587.op.pdf
I hope you fight this!
10 Alex Cabrera // Jun 18, 2008 at 10:25 am
Wow, that’s absurd. Can you get a transcript of the proceedings. I would love to read what the judge said in full.
I’m sure we could create enough buzz to at least give the prick a little bit of a publicity headache.
11 Cigar Mike // Jun 18, 2008 at 10:29 am
Bill, good find
12 Jeremy Jojola // Jun 18, 2008 at 10:36 am
Carlos:
Keep on fighting brother. BS on the last guilty count…and of course that was decided by the judge and not the jury.
Good luck.
JJ
13 hank // Jun 18, 2008 at 12:04 pm
Oh, God I hope it’s over…please?
Quite frankly I’m appalled at all the support that “photojournalist” Carlos Miller has received from some quarters of the journalism community here in South Fla.
Even a casual reading of the facts surrounding the case shows that you were way out of bounds.
Your arrogant, crass, thug-like behavior crops up at every turn. One only need to read your blog to see that.
You can’t seem to cover anything without getting into a potentially violent confrontation.
You seems to think that answer to any situation is to fire off your Canons at 10 frames per second as if that gives you immunity from being an asshole.
I use the word “photojournalist” in quotes bcause as far as I can tell you operate on the fringes and really haven’t done anything other than write for a few local websites.
Your obsession with this case is almost comical and borders on psychopathic.
After all we’re talking about an arrest for standing in the street blocking traffic; it’s not exactly the Pentagon Papers is it?
There wasn’t anything happening on that street that night that was worth going to jail for.
And using an expletive to describe a judge is not exactly professional behavior is it Carlos?
Do you always have to have the last fucking word. Leave it alone. Remember, you’re still on probation.
You are a cockroach and boil on the ass of journalism in Miami and the sooner that responsible journalists in Miami disown you and repudiate your actions the better.
14 Henry Gomez // Jun 18, 2008 at 12:38 pm
Mike,
The only other charge that he was found guilty of the obstructing a public highway charge (by the judge).
My question then is, is obstructing a public highway an arrestable (is that a word?) offense. My understanding is that it’s a worthy of a citation like jay walking. If it’s not an arrestable offense and he is not guilty of disobeying an officer or disorderly conduct then the arrest was unlawful and Carlos was within his rights to non-violently resist.
15 justice done // Jun 18, 2008 at 12:39 pm
what part of the JURY finding you guilty confused you? I bet you even requested to interview each of the jurors after the verdict. Get over yourself. The rest of the world already has.
16 BeJay.org » Carlos Miller’s trial is over. // Jun 18, 2008 at 12:51 pm
[...] am sad at the overall outcome, I hope that he has the time and resources to keep fighting and appeal the [...]
17 enhager // Jun 18, 2008 at 1:05 pm
Sorry about the outcome. It sounds like you won, or at least a draw, but feels like you’ve ended up spending so much time and money and now court costs and probation …
I would like to know the judge’s response to: How can one resist an unlawful arrest?
I also don’t remember ever hearing anything about you resisting - once they decided to arrest you, they did. How did you resist?
It does still sound like you can sue.
18 enhager // Jun 18, 2008 at 1:07 pm
Carlos Miller is the winner - He’s a “Pulp Hero”:
http://blogs.browardpalmbeach.com/pulp/2008/06/photojournalist_miller_on_tria.php
19 Cigar Mike // Jun 18, 2008 at 1:18 pm
Henry, in Florida, a traffic offense is deemed a non-criminal act. They can arrest you for it, but typically, they give you a notice to appear. Rarely is a custodial arrest done for minor traffic offense unless there is reasonable suspicion that a more serious crime has occurred.
20 Carlos Miller // Jun 18, 2008 at 1:20 pm
Hank, Spanky, Slim or whatever name you are using nowadays to lend credibility to your anonymous statements.
If you want to get technical about it, perhaps you are entitled to use the word “photojournalist” in quotes.
After all, during the more than seven years I spent working for daily newspapers, I was a reporter; a staff writer who never left the office without a camera.
This quirk of mine began when I started working at the Deming Headlight in southern New Mexico, a small-town newspaper that had a circulation of less than 10,000.
One of the first things they did was hand me a manual SLR and told me I would be required to take my own photos because they did not have staff photographers.
At the time, I only had experience using a point-and-shoot camera.
After a few weeks, a couple of editors told me that I had a “good eye” for photography. And I also discovered that photography was another element to the storytelling process.
When I was hired by the Las Cruces Sun-News, I worked out of a one-man bureau in Luna County, 30 minutes from the Mexican border.
At this point, my passion for photography drove me to spend more than a thousand dollars on a Canon Elan IIe, flash and lenses.
Although my editors would have been satisfied with only my writing, I always provided photos with my articles, many of them running on the front page.
This is a trend that continued for the next few years after I was hired by the San Bernardino Sun as a police reporter and later when I was hired by the Arizona Republic, where I ended up spending almost four years.
Throughout those years, my official job description was never “photojournalist”. It was either “reporter” or “staff writer”.
But the photo editors always appreciated and complimented my photos when they ran with my articles.
Perhaps it may not have been “professional” to use an expletive to describe a judge, but it was extremely unprofessional of him to insult my mother in the courtroom by referring to her as a chit-chatting “fan” of my blog.
And it was also insulting to my father when he tried to educate me about veterans and “heroes” when I grew up in a military household.
But it’s his courtroom so I guess he has the right to act the way he wants.
However, it’s my blog, so I will continue to write what I want, no matter how bad it irritates you.
21 hank // Jun 18, 2008 at 1:25 pm
“However, it’s my blog, so I will continue to write what I want, no matter how bad it irritates you.”
Doesn’t irritate me at all. I think you’re kind of funny …in a pathetic way. Keep on keepin’ on!
22 Silver // Jun 18, 2008 at 2:12 pm
Who said your arrest was not lawful?
Simply because you were found “Not Guilty” of a charge does not meant that the officers didn’t have probable cause to arrest you for it. If that were the case, you might have been able to have the charges dropped prior to trial. (think of any famous murder suspect, like say, OJ. Just because a jury acquitted him, doesn’t mean the officers were wrong in arresting him.)
An officer can arrest if there is probable cause. It doesn’t mean you did it. That is up to the judge and/or jury.
And you say you were ’slammed’ by the judge?? Because of one year probation and 100 community service hours? Did he say if you could terminate the probation when you completed the hours? That’s often a possibility. Ask your attorney about it.
And the $540.50 costs amount? The judge actually only imposed a $250 ‘fine.’ The remaining $290.50 is a state mandated cost (thank the legislature) that he would have to charge you whether he imposed $0 or $500 fine, which is usually the maximum for 2nd deg. misdemeanor.
Traffic ‘infractions’ are non criminal civil matters for which there is not a possibility of jail time. However, refusal to sign a citation, or wilfully resisting; ie, not giving officer your name, are criminal charges which could arise from a stop for a civil infraction.
Oh, and just so you’ll know, your judge is affectionately know around defense attorneys as “JOA Joe” standing for Judgment Of Acquittal, because he doesn’t always believe the ASA’s or cops version of events and follows the law more than many of the other judges in that building.
23 Jason // Jun 18, 2008 at 2:31 pm
“Fuck You, Judge Fernandez.”
Gee… I can’t imagine why he sentenced you to anger management classes.
Stupid, clueless DUmp monkeys. They’re all the same.
24 Kevin // Jun 18, 2008 at 2:51 pm
ROFLMFAO! Speaking truth to power didn’t seem to work out too well for you, did it?
25 Sandra // Jun 18, 2008 at 3:04 pm
Just my luck. I left my Give-A-Damn in my other purse. Drat!
26 franksolich // Jun 18, 2008 at 3:06 pm
Oh my.
I guess there is justice in America.
Not much, but some.
You know, perhaps reading Amy Vanderbilt or Emily Post or Letitia Baldridge, and some Dale Carnegie, might help your professional career.
27 Diego Vatrilla // Jun 18, 2008 at 3:18 pm
Ohhhhhhhhh schadenfreude, it feels soooooo good!
28 Malo // Jun 18, 2008 at 3:59 pm
You’re not the brightest bulb on the tree, are you Carlos?
Stamp your little liberal foot some more, it is entertaining to watch your childish tantrum.
29 Magic City Mama // Jun 18, 2008 at 4:13 pm
What about the $400 for the camera?
30 Red October // Jun 18, 2008 at 6:02 pm
I can’t believe you had to go through all this, Mr. Miller. After all, the police let me crawl all over accident scenes all the time in Pennsylvania and Maryland. They let me interfere with their duties, obstruct traffic, disobey lawful commands, create a safety hazard… and if I show them my Republican voter registration card, I can even take home a body part from a car wreck as a souvenier. It’s so odd that Florida cops would arrest somebody for all that. Damn neocon Florida!
31 John Drake // Jun 18, 2008 at 6:18 pm
It’s not over yet, but the criminals in the White House, the Judiciary and the complicit Democrats are working up to it. Things will hot up if Kucinich gets any of his impeachment articles read - it is rumored that if the Dems call for impeachment, Bush has threatened to bomb Iran from the air, declare martial law and suspend the 08 election. Could just be rumor, or it could be an active threat. But so desperate is the Casa Blanca to stay out of Gitmo, they will do anything between now and November - the mess along the Mississippi and forced entry and arrests in Ohio, legal weapons confiscations and deployment of Blackwater mercenaries during Katrina are all what’s called in advertising as “softening up the market” - getting us used to seeing armed troops among the population - at least in numbers greater than we have seen heretofor. The Shit is soon to hit the fan. Cash out, buy gold, stockpile what needs to be stockpiled because when they come for us, the only thing stopping them will be an angry and armed citizenry.
32 Franny // Jun 18, 2008 at 6:23 pm
Police are not like the police that we grew up with. They don’t deserve respect. It’s a whole new thing (police) now.
And Conservatives are believers, not thinkers. They are nazi’s who believe whatever their government tells them to believe. Just wait until Martial Law is declared and the police start going door to door and routing you out of your homes. Wait until they withhold electricity, and food, and communications to control the masses. Do you think their gonna ask you if your Conservative or Liberal?
You Cons are stupid sheep! Martial Law will come before the next election. I’m not going fight it, I know it’s coming. But I’m going laugh at the frickin stupid conservatives who empower the governments plans and think they are special and that, through their belief, they’ll be spared. Wake up, only Isreal is special to this government!
33 John Paine // Jun 18, 2008 at 6:39 pm
The judge prejudged you, and his statements after the verdict show that he made a decision based upon evidence he excluded from the jury. This is grounds for an appeal. This is the law of the land, and everyone, rich poor or in the “system” must abide by it, regardless of what ever brought you to trial. this case is no different from any other railroading kangaroo court from slavery days until now.
Just keep your perspective, and keep to the facts. As always, the facts will do a better job of expose the truth than drama and rhetoric.
To violate the laws of due process is Un American. Whatever caused you to be arrested is beside the point, at this stage. Unlawful arrest or not, once the process began, the police and the judicial system are all bound to follow the rules. They did not, and they admit to dodging the rules to make an example of you.
And I see from this blog that there are a lot of Republicans here that hate the law & the Constitution. How do we know they are Republicans? Because all they do is spew hate and hyperbole, smears, and refuse to cite fact & reference when making their arguements. They hate the Founders of this country,because they do not knwo civil discourse, much less how to present their points, and Franklin, Washington, Jefferson, Hancock, Paine, Adams, and those who created our Constitution, did. Instead they just parrot what ever they have been told to say. They want to be ignorant. And they hate Jesus, too. Of course, if it were one of them were in your shoes, they would be howling to the tree tops.
These anti Americans, those who place Republican party above the laws and the Constitution and Bill of Rights, are the ones who are destroying this country. Not you. You are doing your duty as an American to stand up for your beliefs, in the same way a right winger would. Those, and those who support them, that took this country into war by lying, and have looted the treasury, wrecked the economy economy, and have indebted this country to a Communist regime, are the ones that are un American.
34 H Miller // Jun 18, 2008 at 7:08 pm
Judge Fernadez left much to be desired when he stated that we were chit-chatting fans. We were his mother and his aunt who spent two days, twelve hours each day, hoping for a fair trial and a fair judge.
We got neither.
35 oversight // Jun 18, 2008 at 7:21 pm
I thank people like you who stand up and fight for you rights and resist injustice and domination. When you fight for your rights you fight for my rights and everyone’s rights. I have more respect and admiration for people like you than people who join the military because harder to stand tall when you are alone than when you are with many. It’s harder to when you are both commander and soldier. Regarding the judge’s comments about your blog, the judge doesn’t comprehend the reason for free speech. Free speech is enshrined in the Constitution because the founders made sure The People shall remain forever the ultimate authority over their government, and no judge, no law and no one keeps quiet ultimate authority over the government.
36 WJM // Jun 18, 2008 at 7:56 pm
Don’t expect justice, there isn’t any to be had here, anymore. I recently got busted for growing medicinal cannabis in my yard. I was bothering no one, we HAVE medicinal cannabis allowed here, but not for my use (depression and alcoholism relief, for which it had worked just fine for 23 years), and the cops trespassed on my property to find it.
Now, I am out over $5,000, two years probation and have to do the anger management thing as well, when the ONLY thing that makes me angry is having to deal with this crap. That and having to hand over more than a third of what I make in a year to a bunch of state sponsored extortionists.
This isn’t about justice, it’s about extortion and authoritarianism, nothing more. Lying cops, judges that make decisions before the case is even decided, and allow their own feelings to be the things that make decisions, NOT the law.
Don’t expect to get justice in this country, anymore, there isn’t any to be had. It’s all about how much they can steal from you as well as inconvenience you, hoping to catch you screwing up and then putting you in jail so they can get even more money from the state and county. Otherwise, why would I have to be doing breathalyzer tests every week when I haven’t had a drink in 23 years? They WANT me to fail so they can put me in jail and screw the state for even more than they can get out of me.
Good luck, but don’t count on fairness, or even anything approaching sanity. All you will get is disappointment.
37 Jason // Jun 18, 2008 at 8:48 pm
And when martial law is not declared (just like it wasn’t after 9/11, before the 2002 elections, before the 2004 elections, or before the 2006 elections), boy, will you guys look like idiot assholes.
Again.
38 John Drake // Jun 18, 2008 at 9:00 pm
When they come for you, they won’t ask whether you are a Liberal, Jew, Baptist, Conservative, Christian, Catholic or Protestant, they will take you because you are lower to upper middle class and pose a threat, or are poor white and are armed, or poor black and angry, or evangelicized Jesus-lovers with twelve kids and freaked on acid and religion, it doesn’t matter to them. You are a threat because you are not “one of them” - in this case, military, police, Homeland Security, government affiliated, wealthy, living behind gated communities,whatever. Conservatives think they will be spared in the coming police state. Think again: if you are not of the monied class, white, connected to the establishment and worth a cool million, you are fucked. There are Haliburton camps waiting just for you, you worthless piece of excrement! So keep your eyes open between now and November - because the crooks in the Casa Blanca will stage a false flag operation to steal the election and destroy the Republic, that you and your ancestors and all our families have fought for over the past 250 years. The only thing standing between them and “us” is an armed and angry populace. Cash out, buy gold and food and whatever else will take down a fascist at forty paces.
39 Squathole // Jun 18, 2008 at 9:01 pm
Further demonstration that the the inmates run the institution.
I can’t imagine standing there silently while some “learned judge” opens its pie hole and farts out such ignorant, insulting, condescending crap. I admire your patience, Carlos.
The appropriate response on your part would have been to shit on the floor. How’s that for “body language,” your honor, a term you looked up after you spotted it in your Highlights For Children magazine?
Where’s Abbe Hoffman when we need him?
Keep it up, my friend. Keep on fighting. Thanks.
40 Henry Gomez // Jun 18, 2008 at 9:06 pm
“John Paine” I’m a die hard Republican I think this case was an injustice. So take that and stuff it.
41 Bearz // Jun 18, 2008 at 9:49 pm
It sounds as though when the judge mentioned “non remorse” that he’s outraged, that there are those who still dare question “authority” & stand up for their rights.
Soon only those allowed cameras will be the enforcers of tyranny & fascism.
“We cannot defend liberty & freedom abroad by deserting it at home” -Edward R. Murrow.
42 Malo // Jun 18, 2008 at 10:12 pm
So, when are you libs going to pack up and leave our fascist country?
Soon, please.
43 Doug // Jun 18, 2008 at 10:13 pm
Enjoy your community service. From what I’ve seen, it’ll be the only productive thing you’ve ever given society.
44 Jerry // Jun 18, 2008 at 10:33 pm
Malo… your last comment was really stupid. liberals love their country and want to make it better by putting fascists where they belong.
45 Kismet // Jun 18, 2008 at 10:59 pm
Yes, putting facists right where they belong. . .
Fidel, is that you?
*K*
46 RonW // Jun 18, 2008 at 11:01 pm
Jerry…..do you even know what a fascist is?……you say that word….I do not think it means what you think it means.
47 Malo // Jun 18, 2008 at 11:01 pm
Oh really?
I’ve read a whole bunch of whining from you DUmmy types bitching about how fascist this country is and how there is going to be Martial Law declared, and the police are going to come and get us all.
A liberal doesn’t love this country, you love Cuba, Venezuela and any other Socialist hell hole more than you love America. I read DU, I see the anti-American crap you “progressives” post over there every single hour. Don’t even try to lie to me and tell me liberals love their country.
48 Scott Harmon // Jun 19, 2008 at 12:09 am
Some moderation is needed here. First, the blog was not clear to me. I’m not sure what rights were infringed on, who was doing what, etc. I’m also not clear on why this judge was making these kinds of statements, if true.
As to the comments, I have read 46 and still don’t understand the issues involved. There are a few people making the standard SYMBOLIC arguments that people who support freedom of the press are idiots. Their reasons are not given; they are just venting in juvenile servitude to the State. Then again, some people are indicting this judge. I really don’t know what to believe, but I can say this: Regardless of the case details, the judge can’t make these kinds of remarks (if true). The reason is simple: he is showing a very negative bias toward the case.
To the subservient Statists: I haven’t had a traffic ticket, nor have I deserved one, in over 10 years. I have never had an accident. I am approaching 50 years of age. Yet, on several occasions, especially recently, I have met with a number of “security guards” and a few cops who have greatly amplified their positions of authority by yelling, waving flashlights, and so forth, to get my attention, in the dumbest ways imaginable. In a few cases, these cops/guards have verbally abused me–and in each case, I abused them back. Specifically, I told them that their methods were wrong and unclear. Specifically, I did not give in to their demands of subservience. They were acting stupidly, unsafely, and authoritarian in manner. I doubt that they were educated people, from the language they used.
But, we have to expect this is in the new Security State. We have to expect that some people will support this outright authoritarianism and stupidity because “might is right.” We have to expect that some of these under-educated (or un-polished) guards and cops will try to assert their Messianic authority, courtesy of the new Statist way. We DON’T have to accept it. In fact, we should be downright abusive of it. In fact, we should be downright abusive of anyone who wants to take this country back to the 12th century, period.
I am not totally anti-authoritarian. Some things need to be enforced, but only if competent people, who are always held accountable, are responsible for the enforcement. I am also for total accountability of the judiciary. Too many judges are incompetent or corrupt or just plain stupid or biased. They need to be tossed quickly.
My feeling is, at this point, that everything should be YouTubed and the scoundrels laid to waste. If the cops can’t take it, then they shouldn’t be cops. If the judges can’t take it, then they shouldn’t be judges.
I really don’t know what to believe about this case. More information, please.
49 Carlos Miller // Jun 19, 2008 at 1:27 am
Scott,
Details of this case can be found on the right sidebar or by clicking the “about” link.
50 DiceOfDeath // Jun 19, 2008 at 1:33 am
Keystone Kops & Kangaroo Kourts: I believe that is the general character of the American legal system at its lowest levels. Go to just about any municipal or county courthouse in the country and you are probably very likely to see these types of things happening. That is where they get most of us who appear to run afoul of the law, because most of us are not affluent enough to pay the process up to a level where justice might actually be served.
51 Jerry // Jun 19, 2008 at 5:46 am
where fascists belong? in a class on civics.
52 blueraven95 // Jun 19, 2008 at 7:05 am
Hi Carlos,
I’m so sorry this has turned out like this. I’m sure anything I would say, you’ve already heard or thought, so I won’t repeat it. Just hang in there, and if there is anything - anything at all - that I can do, please let me know. You can always email me or find me on DU.
Alison
53 Maria de los Angeles // Jun 19, 2008 at 8:48 am
Carlos, sorry this couldn’t be resolved once and for all. The whole thing seems like a sham. Have you decided yet where to go from here?
54 Harry J. // Jun 19, 2008 at 10:01 am
I totally sympathize with your situation, but according to my understanding of the law, you may not resist arrest, but on the other hand, fight the arrest legally after the fact. That would include requesting monetary damages as a result of the false arrest.
55 Maz // Jun 19, 2008 at 1:06 pm
I surfed to this article from Justice Building…
I’m honestly surprised by the amount of trolling going on here… people writing long posts about their opinions when I cannot (in my insatiable, almost schadenfreude-like, desire to) find any previous comments by many of these not-so-well-wishers.
I’ll add that I’m glad that you’ve weathered this out a bit… I have taken a notice of how local authorities are very sensitive to the recording of their activities to an almost surrealistic level.
I do not necessarily agree on how you handle these confrontations when they arise, but at the same time these confrontations should not have occurred at all. The authorities should know better.
56 Roger Drowne EC // Jun 19, 2008 at 1:11 pm
http://www.RainbowREVOLUTION.org
Is behind U…
57 PatriotGame // Jun 19, 2008 at 2:20 pm
Carlos, your 15 minutes of fame are about up. The only thing you’re missing now is sitting in a ditch in Texas waving your flag and screaming of how abused you are.
There are laws in this nation to protect the populace from weirdos like you and thankfully, the police and judge recognized that and administered appropriate disciplinary action. That sounds funny doesn’t it: Disciplinary action. Sounds like a nine year-old being spanked for continually wetting his bed and throwing tantrums because his XBox was taken away from him.
Grow the ‘F’ up, get the psychological help the judge ordered, and at least try to become a “normal” productive member of society.
In other words - get your head fixed boy before you hurt someone and end up locked in a cage with a 400 lb black guy that calls you “The Mrs.”
58 what a joke // Jun 19, 2008 at 2:53 pm
At last justice was done dont mess up your porbation or jail time will come lol go block some more traffic so they can put you away.
you took your mom to court grow up and become a man can’t fight your own battles tired of hearing you cry glad they put you away.
59 Jorge // Jun 19, 2008 at 4:43 pm
If your dad had any integrity, he would be very embarrassed today. You are a whining, complainer who didn’t get enough attention as a kid and now want to blame the world for your inadquecies. Leave the officers to do their job which is protect you and others from the scumbags of the earth. Good thing your dad is not here to see what a shell of a man you have become.
60 Toon // Jun 19, 2008 at 5:13 pm
It is an insult to those who fought and died for our freedom to not use it. When one is receives a gift the proper response is to take it out of its packaging, enjoy it and thank the giver. Some posters act like this precious gift our fathers bled for should be packed away in a closet until it can be foisted off on some one else.
61 Jorge // Jun 19, 2008 at 5:37 pm
They also gave the gift of grammer and the english language but you failed to use that!
62 stewart // Jun 19, 2008 at 6:06 pm
the tired old lines of infraction vs misdemeanor/felony wear thin when its thrown in with driving is a privelege and not a right?
more and more we see that bails for infractions etc, are to be posted up front giving the citizens the creeping feeling, they are presumed guilty before trial and bailment is secured.
to stand before a traffic court these days, is no longer an Andy in Mayberry matter. Cops are armed to be prepred for post 9-11 fire fights with military style rifles and tactics fearing a common traffic stop can lead to more than meets the eye?
but what of the mom with a rambuncous kid who unsnapped his own seat belt, the dad on a cell phone harried at the wheel or the 8 MPH driver who crossed a white line in bumper to bumper traffic?
surely these are not the makings of a felony? Unless of course some one is having a bad day and seeks to excert their authority?
but to get to the court and percieve that while you could not be found as charged, by GOD we’ll throw the book at you yet another way points to the vindictivness of a court run amoke.
to stand before the bar and contest an accusation is not an act of defiance its a guaranteed right under our form of governance, to know the court is laying in wait, a travesty.
63 Jose // Jun 19, 2008 at 6:17 pm
I agree with your position with one small exception.
The judge was correct in refusing to answer your question on how to resist an unlawful arrest. The court will not issue an advisory opinion, i.e. tell you exactly what to do to avoid legal trouble.
Now, the judge made a lot of extraneous comments in connection with this refusal. This point I’m making does not purport to defend those comments.
On a practical level, if a police officer attempts an unlawful arrest, you’re best bet is to comply and raise a legal challenge later.
Don’t fight with cops. The system gives them the benefit of the doubt. If an officer ever goes so blatantly crazy that he’s a threat to life and limb, a resister might cobble together a self-defense argument. But that’s way out there.
Realistically, if they have reasonable suspicion, they can detain you. If they have probable cause, they can arrest you. These are very easy standards to meet in court.
64 Matt // Jun 19, 2008 at 6:27 pm
Almost certainly, if you look at the code of criminal procedure for your state you will find that the police, and possibly the judge acted according to policy…NOT law. This means they broke the law, which means you can file criminal charges against them and almost certainly get your charges thrown out because the court will have lost jurisdiction for violation of due process in your case. Randy Kelton of ruleoflawradio.com is teaching people strategies for doing this…check it out. He’s got a a real solution for straightening out our corrupted judicial system. Good luck!
65 Maizee // Jun 19, 2008 at 6:38 pm
Randy Kelton is a quack. Only listen to a real attorney. Better yet, only listen to a real attorney who represents you.
When it comes to law, a little knowledge is very dangerous. Listening to internet legal advice is just asking for trouble. Just ask Wesley Snipes who accepted goof-ball tax advice from legal quacks.
http://en.wikipedia.org/wiki/Wesley_Snipes#Tax_problems
66 SeanCoyne // Jun 19, 2008 at 7:02 pm
As a retired po photographer I’m with you all the way.
Hey Mr Fascist Judge…I bet you read this, or your staff do.
Eat my shorts you Nazi turd!
The US has turned into a fascist state with ignorant thugs for police.
Take your form of “democracy” and bang it up your arse.
67 Arnold Trevilla // Jun 19, 2008 at 10:03 pm
We are appealing the one criminal conviction. The case is being placed on calendar next week to have the public defender appointed for purposes of appeal. The lawyers at the public defenders office are the brightest, most talented lawyers in our profession, so you will be in good hands.
Although I have some reservation about blogging (since i consider it an advertising liability), I believe Mr. Miller’s supporters should be reassured that he did the right thing. I know the TRUE facts of this case better than anyone else. I know the facts as the state presented them, and as Paul Harvey says, the “rest of the story”.
Carlos is a non-aggressive personality who stood up against an injustice. You may have lost one of the three criminal counts but you have won my respect and admiration. In my nine years of exclusive criminal practice, I have never met a more passionate, courageous and genuine personality than Carlos Miller. I am a better person and lawyer today because of you. If 6 months from today you lose your appeal, it wont matter because you won the moment. You stood up for what was right.
68 Carlos Miller // Jun 19, 2008 at 10:10 pm
And for the record, my lawyer did not bill me for the above comment.
Thanks, Arnold.
69 Zech // Jun 19, 2008 at 10:13 pm
Damn, my formatting didn’t work.
70 robby daniel // Jun 20, 2008 at 2:06 am
Please don’r be offended with what I’m about to say “Dude” because I-can easily identify with toyr position however please keep this in mind… You American’s have to a large degree all sat back & did nothing as your Government in Washington callously used CIA to heavily export standards of human-rights abuses in cluding yerrorism & child-rape & child-murder right across this entire planet for well-over the last 45-years so it’s really only fair if just a little bit of that contemptuous fascist shit comes back to haunt you occasionally… You have no-idea how many harmless innocent human lives were abused & in-fact totally phucking destroyed while most of you proudly sat-back & saluted that god-damned flag of your’s… Please would you lubricate it before you sit-on-it so that it goes further up into you fundamental…
(Yeah! It’s a generalisation that may well not rightly apply to you personally but your damn truly satanic CIA never drew any distinctions of innocence & got clean away with their human rights abuses because most of you were acting as hardvore hypocrites seeing no-evil & hearing no-evil & justifying it every four years…)
Robby Daniel…
Australia….
PS: Visit my site & use a word-search tool on “OSAMA BIN-LADEN” & you’ll learn much of what your government & it’s Zionist-run media aren’t yer relling you about the murder & treason CIA have committed throughout America while most of you were busy saluting the flag… Peace to the peaceful Hombre…
71 EnderW // Jun 20, 2008 at 9:17 am
Hank, why don’t you go back to the Former USSR? Oh wait, you can’t, because the PEOPLE got fed up with your kind of POLICE STATE bullshit, and overthrew the government.
Your disdain for the Constitution makes me think you need to be on a list at the airport. Only a TRAITOR would support a police state that goes against EVERYTHING this nation was founded on.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Hank, go fuck yourself, you UNAMERICAN Fascist prick.
72 EnderW // Jun 20, 2008 at 11:42 am
SeanCoyne: What do you expect when so many of these cops are reservists and national guard who are the sick fucks pulling the war crimes in Iraq and Afghanistan?
When they come home, they go right back to their day jobs as cops. Why do you think we have so many of these cases of police abusing their authority, and beating the shit out of people, tasering non-violent people repeatedly and laughing like madmen as they do so (nice video on that only a couple of weeks ago, in yet another case)…
Conservatives are the most immoral assholes there are.
73 EnderW // Jun 20, 2008 at 11:48 am
PatriotGame: I’d sure like to do an investigation on you. With a nick like that, you must be one of these anti-Gummint militia “Conservatives” who has a vast Terrorist arsenal of guns, bombs and bullets. Do you plan to blow up Federal Buildings like your “Patriot” buddy Timmy did in 1995 once Obama becomes the first black man in the WHITE House?
With a nick like yours, and it’s implications, combined with your stated disdain for the Constitution, I consider you to be a potential, if not a practicing TERRORIST!
74 Miami Throws the Book at Photog « // Jun 20, 2008 at 1:27 pm
[...] his blog, Miller writes that Judge Jose L. Fernandez apparently didn’t like his attitude in court and otherwise, so [...]
75 Matt // Jun 20, 2008 at 2:17 pm
Randy Kelton has one of the most corrupt counties in the country shaking in their boots right now. If you take the time to listen to him and his show, you’ll understand that he is neither a quack, nor do you need to consult “the expert’s” who parasitically thrive on the systems status quo.
76 TWIP » TWIP Podcast Episode #33 - Mostly Lisa // Jun 20, 2008 at 6:53 pm
[...] Photographer found Guilty of Resisting an Unlawful Arrest - Our ongoing coverage of photographers tangling with “The Man” brings us to Carlos [...]
77 Ryan Russell // Jun 20, 2008 at 8:32 pm
Hey Carlos, I appreciate you going through all this trouble to stand up for all of our rights.
78 Craig // Jun 20, 2008 at 9:16 pm
Thanks for posting this - I stumbled upon your predicament, as it were.
I wish you the best of luck, and they so better drop that case. I worry about the state of affairs when you can be arrested for anything, even if it turns out to be untrue, but still be charged for not complying with an illegal arrest.
Please appeal - a clear message needs to be sent to police officers everywhere that this isn’t appropriate conduct.
79 TWIP » TWIP Podcast Episode #34 - Selling & Publishing Your Photos // Jun 20, 2008 at 11:43 pm
[...] Photographer found Guilty of Resisting an Unlawful Arrest - Our ongoing coverage of photographers tangling with “The Man” brings us to Carlos [...]
80 Pablo // Jun 21, 2008 at 11:42 am
Carlos,
When is the judge up for re-election? I am a web designer and I would like to launch a website to help oust him from his position.
As biased as he is, he has no business sitting on the bench.
81 MellowElsewhere // Jun 22, 2008 at 8:13 am
Carlos, I have followed your story at the DUmp and you got exactly what you deserve. The judge has is completely right that you got arrested ON PURPOSE. All this proves is that you behaved like a spoiled little brat and got spanked for it.
Your DUmmie moniker, RagininMiami, says quite a bit in itself and you probably need the anger management classes you were sentenced to.
Where the cops jerks? Possibly. But most adults know that the best reaction to a situation like that is not to try to prove that you can be an even bigger jerk.
If you had on ounce of maturity, he would learn from this experience, pay attention in anger management, grow up a bit, and move on.
To all of the morons claiming that this is some sign of fascism: Carlos ended up with a misdemeanor traffic violation and was convicted on one count and found not guilty on two counts by A JURY. You call THAT fascism. You only demonstrate your own ignorance by doing so.
82 a non // Jun 22, 2008 at 10:24 am
but where is Alesh?
83 Citizen Politician // Jun 22, 2008 at 10:26 am
Uh, please tell the judge the freedoms we enjoy in this country were obtained by ORDINARY citizens like your self who had the AUDACITY to believe and fight for the Constitution. No foreign wars have EVER given Americans the freedoms we enjoy today.
84 Kate // Jun 22, 2008 at 2:51 pm
So…this isn’t a blog lamenting your arrest just like the judge suspected you would do? Maybe I got this all wrong…..I agree with that other dude - Get over yourself.
85 Stevo // Jun 22, 2008 at 4:24 pm
Carlos,
Don’t let these haters bring you down. You are doing the right thing. And in the end, the truth will prevail.
86 Alan Narchist // Jun 23, 2008 at 6:43 am
Not only is it amazing to see so many people tonguing the authorities’ asses with such zeal, it’s obvious from a cursory glance at Carlos work, that a large part of the bitching is probably based on nothing more than jealousy from people whose reason to live is to ensure the drag factor they provide with their pollution of the gene pool and the collective subconscious prevents humanity from ever achieving another renaissance. My own grandfather was a FEPoW. I’d spit in the face of anyone who told me I took his sacrifices for granted.
87 Momoko Sudo // Jun 23, 2008 at 12:17 pm
“Guilty of resisting arrest without violence” ???
It doesn’t make sense, but most of things in Miami make no sense to me anyway. It’s very stressful to live in Miami.
88 Jason The Saj // Jun 23, 2008 at 12:53 pm
OMG…are you bleedy heart liberals really that !@#$% bloody stupid?
All of this is due to “Bush & Republicans”. Wake up. If you think there is much if any difference between the Democrats and Republicans - you’re crazy. They’re both just about pork barrel and elections.
I am sure Hillary will condemn Bush as she nukes Iran (to quote her loosely). Just as her husband launched an illegal war into Yugoslavia (all for oil btw). Bombed Iraq. Slept with the Chinese.
McCain sucks, he’s all in it for the self-glory and nothing more.
Obama sucks. He’s a 100% politician, and quite prejudiced. Just as prone as all the rest to taking away our freedoms.
2008 candidates were the Trinity of Sleaze. You have McCain the father, Obama the son, and Hillary the unholy spirit. Three persons…the same sleazy politician.
*bah*
Only one 2008 candidate would have ensured your right to photograph as you please from any public place.
89 Hank Izza Putz // Jun 23, 2008 at 11:02 pm
Hank is the biggest asshole right after the shitheaded judge. Carlos, keep at it. Ask the ACLU for some help with an appeal. The cop was/is a shithead and the judge is even worse.
90 techie // Jun 24, 2008 at 3:04 pm
Hank, you wrote…
“[...] You seems to think that answer to any situation is to fire off your Canons at 10 frames per second as if that gives you immunity from being an asshole. [...]”
Last time I checked, being an “asshole” is not against the law. A fact for which you should be grateful (or else you might be serving a life sentence).
Go back to sleep with all of the other sheeple and wait for the rest of your freedom to disappear….
91 al crespo // Jun 25, 2008 at 9:27 am
My friend and colleague Carlos…
It seems that you have stirred up a hornet’s nest. It would seem that you have some valid arguments for appeal should you wish to go that route, although I’d try to get some support from the ACLU or some other group that could help defray the costs.
On the blog front I’m not necessary surprised that you have managed to stir up such passion - along with a fair amount of ignorance and stupidity.
You don’t need to justify yourself to people like this guy Hank.
Your photographs stand on their own merits - and for a photojournalist that’s the only real way to measure of their talent and professionalism - and your blog is, for those concerned about the troubling erosion of our First Amendment another brick in the wall for those trying to do what they can to bring attention to this creeping undermining of our rights.
Keep it up pal, and see you on the streets!
Al Crespo
92 Carlos Miller // Jun 25, 2008 at 11:56 am
Hey Al,
Good to hear from you.
That guy “Hank” is a Miami photojournalist who has developed an unhealthy resentment against me for whatever reasons he may have.
Anybody who can’t speak their mind without using their real name is a coward.
Thanks for the support.
93 .. // Jun 26, 2008 at 11:22 am
[...] As of late I’ve been reading about a lot of aberrant police behavior from our good ol’ “to serve and protect” boys. About a week ago I find out via Critical Miami about Carlos Miller who is a Multimedia Journalist who was not only arrested by Miami Dade police officers after Mr. Miller took pictures of them but was found guilty of “resisting arrest without violence” in our lovely judicial system. Read about his experience here. [...]
94 Joe Dirte // Jul 3, 2008 at 1:28 am
You appeal that BS and you fight it! Don’t you let those bullies take away your First Amendment Right! That right is the ONLY thing protecting your job as a reporter and photographer. They are angry becasue they KNOW they are in the wrong and you exposed them to the world. Evils hate it when you exposed the truth.
95 Manetti // Jul 9, 2008 at 8:36 am
This is just a little practical advice… since you are going to be a future “Target of Opportunity”.
Get a couple of long lenses and continue your documentation from a “safe” distance.
Manetti
p.s. Win the appeal!!
96 JESSE ANDRE // Jul 13, 2008 at 11:57 pm
I FEEL FOR YOU I AM IN A CASE LIKE THAT IN BROWARD COUNTY GOT ARRESTED NO BOND 30 DAYS THEN CHARGES DROP TO RESIST ARREST WITH VILOENCE LOL GO FIGURE
97 Momoko Sudo // Jul 14, 2008 at 11:02 pm
I sense that there’s something that cannot undo “resisting arrest” when unlawful arrest charges are dropped.
South California’s ACLU has the know-your-right-brochure and that says, “Don’t resist even if you believe you are innocent.”
http://www.aclu-sc.org/attach/k/kyr_police_stop_eng.pdf
Nonetheless, a lot of things in Miami is corrupt. The smartest thing to do is not to live in Miami. In that sense I am totally retarded to live in Miami.
98 Far Right // Jul 16, 2008 at 9:06 pm
I think your last sentence was in error. Where you say:
“Just because hundreds of thousands of veterans have died defending democracy and my freedoms does not mean I should refrain from utilizing these freedoms, whether it be blogging, photographing or standing up for what I believe in.” I feel it would have been better worded to say:
Because hundreds of thousands of veterans have died defending democracy and my freedoms, I should not refrain from utilizing these freedoms, whether it be blogging, photographing or standing up for what I believe in, otherwise their sacrifices have been wasted.
99 Carlos Miller // Jul 17, 2008 at 4:05 am
Far Right,
An adjustment has been made.
100 Rich // Jul 17, 2008 at 9:06 am
They hate us for our freedom!
Carry on!
101 FP // Jul 17, 2008 at 12:17 pm
“He accused me of getting arrested on purpose for the sole purpose of launching a blog and becoming a “hero”. He then reminded me that the real heroes are buried in Arlington who fought for my freedoms and suggested that I pay a visit to the cemetery.”
Hah, the judge seriously said that? Proof positive of Doc Johnson’s maxim: “Patriotism is the last refuge of a scoundrel.”
102 Scott // Aug 20, 2008 at 4:18 pm
*Scott sighs*
On this matter I am also conflicted. Resisting arrest is a crime weather you like it or not. And yes it is legal to be tried for resisting arrest EVEN IF it was unlawful. How would it have turned out differently if you had just followed the cops instructions instead of escalating the event?
BUT even if you did commit the crime of resisting arrest, The judges behavior is absolutely outrageous. He should be tried for contempt of court since he obviously dosn’t know or care enough about the law and took his own feeling into effect to give you an entirely illegal ruling. By itself it is nearly grounds for mistrial and possibly even disbarment. I suggest contacting the state Bar Association to look into it. They are generally good people.
Last note:
I am not taking sides in this entire matter. I think it would have worked out better if everyone had handled things differently.
103 fred // Aug 28, 2008 at 9:32 pm
Carlos Miller, y0u are a pathetic human being who has nothing better to do than to cause the police to divert their attention from what they are doing and deal with a person that needs to get a life. They have better things to do than deal with pathetic people, yourself, who believe they have something to prove or say that frankly nobody really gives a crap about. Keep on disobeying the police officers and causing hostile situations and you will get arrested again and again. You are a person that needs to get a real job and stop playing around with a little camera. Fight for real injustice and not for situation created by yourself to try and prove a point. You are,once again, PATHETIC.
104 Scott // Aug 28, 2008 at 10:06 pm
Wow, ummm ok, Fred I say this with all due deference but who is the one being hostile now? Look I’m not saying what he did was right or polite or anything, but in my view it seemed was the police who escalated the situation. There is no law, contrary to popular belief against disobeying officer’s if there is no danger to anybody. Also contrary to popular belief, the police officers do not know absolutely everything and are not always warriors of good. I’m not impugning the general police force, they are great people generally but there are always a few bad apples. Anyway last word to you Fred, He does have a real job I suspect or else he would not be able to pay for that rather expensive camera equipment, or indeed keep this site up.
Leave a Comment