He will not have to. The charges will be dropped. The idea behind arresting him was to keep jurors from getting the information. There must be a specific trial under way that they do not want the jurists to know about nullification. Many trials are over charges that are complete bullshit and the prosecution has to convince jurors to convict no matter how they feel. Jurors are forced to listen to orientation by prosecutors where they are told the police are right and they should convict based on what the prosecutor says in court. So there must be a case in progress that the prosecutors are worried about. They can have somebody arrested to get them out of the picture and then drop the charges without penalty.

This is exactly the question I had when this story hit /v/news a few days ago. Here's my initial comment , the responses were pretty good at guessing how the judge and prosecutor might accomplish their goals. I hate to admit it but if he doesn't get adequate and adept defense counsel, they could succeed in keeping the topic of his pamphlets from the jury.

This will be interesting indeed. Jury nullification is one of the last few places us commoners have power to change the CRIMINAL Justice System.

The wording of that is no mistake, by the way. Ask yourself why it isn't called the American Justice System, or the People's Justice system, ect...