*** CASE DISMISSED ****

A judge on Tuesday dismissed the resisting arrest without violence charge from my [__second arrest__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/reporter-arrested) after the arresting officer did not show up.

It was the second time Miami Beach Police Officer David Socarras did not show up to the trial. The first time, he had called in sick, prompting Judge Jose L. Fernandez to postpone the trial to another date.

That was before we asked Fernandez to [__recuse__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/judge-recuses-himself-trial-will-be-rescheduled) himself.

The new judge, Edward Newman, didn’t waste any time dropping the case when he realized that I was in the courtroom but Socarras was not.

I have to admit, it was a little anti-climatic, especially considering my experience after my [__first trial,__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/its-finally-over-or-is-it) which lead to me [__winning an appeal__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/i-won-my-appeal) pro se.

I was also slightly concerned because Newman is a former Miami Dolphin who [__graduated__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/0906290126_1_dolphins-teams-law-school-ed-newman) from law school after retiring from the National Football League.

And if you had been following this blog in the last two weeks, you know I was involved in a heated [__blog battle__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/pinac-wins-best-overall-blog-in-south-florida) with The Phinsider, which is a blog that covers the Miami Dolphins.

Not that I have any evidence that Newman would have been anything other than objective. But once bitten, twice shy. And I am well aware that football passions run very deep down here.

My attorney, [__Arnold Trevilla,__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/index.php5) said that Miami Beach cops always show up to trial, so he was a little surprised when Socarras didn’t show up.

But I would imagine it would be hard to justify the arrest in court when Socarras admitted in his report that he arrested me after I photographed him “without consent”.

Now the next step are the civil suits I plan on filing. Stay tuned.

A judge on Tuesday dismissed the resisting arrest without violence charge from my [__second arrest__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/reporter-arrested) after the arresting officer did not show up.

It was the second time Miami Beach Police Officer David Socarras did not show up to the trial. The first time, he had called in sick, prompting Judge Jose L. Fernandez to postpone the trial to another date.

That was before we asked Fernandez to [__recuse__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/judge-recuses-himself-trial-will-be-rescheduled) himself.

The new judge, Edward Newman, didn’t waste any time dropping the case when he realized that I was in the courtroom but Socarras was not.

I have to admit, it was a little anti-climatic, especially considering my experience after my [__first trial,__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/its-finally-over-or-is-it) which lead to me [__winning an appeal__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/i-won-my-appeal) pro se.

I was also slightly concerned because Newman is a former Miami Dolphin who [__graduated__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/0906290126_1_dolphins-teams-law-school-ed-newman) from law school after retiring from the National Football League.

And if you had been following this blog in the last two weeks, you know I was involved in a heated [__blog battle__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/pinac-wins-best-overall-blog-in-south-florida) with The Phinsider, which is a blog that covers the Miami Dolphins.

Not that I have any evidence that Newman would have been anything other than objective. But once bitten, twice shy. And I am well aware that football passions run very deep down here.

My attorney, [__Arnold Trevilla,__](http://photographyisnotacrime.com/wp-content/uploads/2010/03/index.php5) said that Miami Beach cops always show up to trial, so he was a little surprised when Socarras didn’t show up.

But I would imagine it would be hard to justify the arrest in court when Socarras admitted in his report that he arrested me after I photographed him “without consent”.

Now the next step are the civil suits I plan on filing. Stay tuned.

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Carlos Millerhttps://pinacnews.com
Editor-in-Chief Carlos Miller spent a decade covering the cop beat for various newspapers in the Southwest before returning to his hometown Miami and launching Photography is Not a Crime aka PINAC News in 2007. He also published a book, The Citizen Journalist's Photography Handbook, which is available on Amazon.

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