Following is a description of events that occured to a good friend of mine. This friend is a quiet, polite young man who decided to make a principled and lawful stand, despite knowing that he would be arrested and charged with a crime. What happened to Joel Rauch is so indicative of our times. Joel was gathering signatures to get Libertarian candidates on the ballot, a time-consuming hoop that alternate party volunteers must jump through just to offer voters another choice on the ballot.

Ironically, he was being told that he couldn't perform that activity on public property, outside a post office. He could have moved to another location, but he thoughtfully chose to test the improper arrest, believing that justice would confirm his right. He was arrested, charged, fingerprinted, photographed, posted bail, and was released on his own recognizance. That was July 31st. Here is Joel's account of how his "day in court" went:

The morning of December 13th dawned to reveal a light dusting of new snow, just enough to improve the already beautiful New Hampshire landscape without the ice and slush that promises to soon arrive.  The weather was mild, a touch of coldness in the air but still pleasant.  I woke up at 6:30, ready and prepared for my trial in Nashua District Court, scheduled for 8:30 AM, with 2 hours allotted.
 
I was charged with Criminal Trespass, a Class B Misdemeanor, for petitioning for the LPNH at the Nashua Post Office on July 31st.  The State's case was weak.  They had no witnesses who could testify that a crime had occurred under New Hampshire law.  However, they had one strong advantage: the clogged court system.

8:30 arrived, and my two witnesses were prepared to testify, David Gleneck, a former State Representative from Nashua, was present at the Post Office on July 31st, and was ready to report on my polite and courteous behavior to people I asked to sign the petitions.  Ken Blevins, the LPNH's candidate for the US Senate was to testify to the law of the case, and my right to be at the post office.
 
At 9:05, the bloated wheels of bureaucracy began to turn as the morning docket was called.  One by one, plea bargains were made.  The courtroom, once full of blank faced defendants, emptied as easily as sand slips through an hourglass.
 
Midway through this process, I was called away by the prosecutors.  They were disorganized - they had no list of the witnesses that I had filed with the court, and appeared to be glancing through my file for the first time.  They quickly came to the same conclusion that it was without merit, and offered a face-saving deal - the charges would be dropped after 90 days good behavior.

I hesitated.  Up to a $1200 dollar fine could be imposed if I was found guilty, as well as a criminal record.  Was it worth risking all that when the case could just go away?  Was it worth risking these things on the ineptitude of these prosecutors, just for the opportunity to have my actions justified?

The hesitation was only a slight one.  "Thanks, but no thanks," I told the prosecutor, "But I'm ready for my day in court." There was nothing more to say.

Back in the courtroom, pleas were continuing.  Finally only my witnesses and I remained.  It was 11:00.  Outside, the sun was shining brightly.  This time, the lead prosecutor pulled me aside and began to make excuses.  He didn't know I was going to trial.  He didn't have the list of witnesses I'd submitted to the court.  I hadn't submitted them correctly.  I shut him down.  "You got the motion for discovery I filed, right?" I asked.  "I submitted all of these the same way - why would you get one but not the others?"  The bottom line, he told me, was that this wasn't going to trial today.  He had trials scheduled with REAL lawyers.
  
And he was right.  Before the judge, he explained that he didn't have time to do this trial.  It would interfere with lunch.  The judge asked the court clerk when the next available trial date was.  March 5th, came the reply.  So much for a quick and speedy trial.
 
So, in order to have my day in court, I would have to wait almost 4 months.  And I'd have to be on my good behavior (no arrests or major moving violations) for that amount of time, or else my bail would be revoked and I would be returned to jail, a threat which has hung over my head since July.  Faced with this unreasonable delay, I asked the prosecutor if he was still willing to dismiss the charges for 3 months good behavior.  He practically tripped over himself agreeing, although he attempted to tell the judge it was 6 months instead of 3 (I quickly corrected him.)  And then it was over.
 
So, the end result?  The prosecutor dropped the charges.  According to the government, this never happened.  Please continue about your lives, and don't question authority.  This is all for your own good... Big Brother knows best.
 
I'd like to apologize to those who wanted me to clear my name in open court.  I am also disappointed in myself for accepting their deal... but a massive rescheduling of my trial was something I wasn't prepared for.  I'd reviewed all aspects of the trial and felt prepared to handle any speedbumps there, but this caught me off guard.  The court itself chose this day and time, and I'd even had it confirmed with the clerk.  So I reasonably expected that they would be ready, or that it would be dismissed for lack of prosecution.
  
I'd also like to thank those who wished me well and kept me in their prayers.  Your support was much appreciated.  As a Libertarian, I hate to ask others for help, but so many of you offered, and I thank you for it.

And to those of you who told me my case was a loser (and you know who you are), you were wrong.  I knew it, the state knew it, and those who truly believe in a government of the people, by the people, and for the people know it. 

My Final Thought: I see an army of freedom loving lawyers, determined to let the swollen beast of the justice system smother under its own weight.  And so they offer their clients a deal - full priced service for those that make plea bargains, but drastically reduced rates for those who demand a trial.  Within six months the system grinds to a halt.  The only choice is to prosecute only those who have actually harmed or endangered others, and stop arresting hundreds of thousands of people for victimless crimes.

Liberty in our lifetime!

A justice system that, with painful, costly slowness and wasteful confusion, can force even determined and innocent people to just abandon hope. It happens every day, and each time it happens it brings us closer to serfdom... closer to a totalitarian government where citizens just can't afford to question "authority".