Guide: Filing a Criminal Case or Challenging an Arrest

[Kebab]

 

Superior Court of San Andreas

CRIMINAL DIVISION

 

Filing a Criminal Case

 

A criminal case, or criminal action, is a lawsuit undertaken by a qualified individual on behalf of the People of the State of San Andreas. This type of action seeks to charge a person with one or more violations of the Penal Code, Vehicle Code, or other instituted Laws and Acts of the State of San Andreas. A qualified individual is a prosecutor employed by a District Attorney's Office, a prosecutor employed by a state agency, or an individual who has been duly vested either by statute or by a Clerk with the right to prosecute criminal charges on an individual basis (in the absence of a prosecutor).

 

Instructions for Challenging an Arrest

This process is only to be used by people who have been arrested by a law enforcement agency without an indictment.

 

To appeal criminal charges:
 

1. File a Writ of Habeas Corpus under the assigned docket number.
   A Writ of Habeas Corpus is any letter to the court that describes the person's intent to challenge an arrest. Challenges must be received by the court within 90 days of the arrest and must contain, at minimum, the following key elements: (1) the charges that one wishes to challenge; (2) the basis for challenging the arrest, and; (3) the arresting agency's name and, if available, the name of the officer(s) responsible for the arrest.
    
2. Wait for a docket number to be assigned by a member of court staff.
    
3. A Judge will be assigned to the case and issue an initial order to begin a mediation process.
    
4. Both the arresting agency and the arrested person must engage in good faith mediation before proceeding to trial.
   The court requires this as a prerequisite remedy to resolve cases more quickly. This process is intended to give law enforcement agencies a chance to fix any error that an officer may have made in the process of arrest. 
   
   The arresting agency must complete their review of the arrest and attempt to remedy the matter within 7 days of notification by the court or an officer of the court. Following mediation, a representative of the arresting agency must notify the court of the mediation's disposition for each charge: endorse, modify with endorsement, or reverse. Each charge can have a different disposition.
   - If the charges are endorsed, the arresting agency is agreeing to defend the charges.
   - If the charges are modified with endorsement, the arresting agency is agreeing to modify the charges and endorse the new charges.
   - If the charges are reversed, the arresting agency is agreeing to drop the charges.
   
   If no disposition is received, the court may choose to grant an extension to the arresting agency for up to 7 days before dismissing the matter. If no disposition is received within 7 days (or 14 days with an extension), the court will declare the arrested person not guilty and order reversal of the charges.
    
5. If at least one charge is endorsed or modified with endorsement, the assigned judge will evaluate for probable cause.
   Probable cause will be found if and only if the evidence shows, with an articulable pattern of facts, that there is a reasonable basis to believe that a specific person has committed an offense. This basis must be articulable given the evidence available at the time of the arrest. Arresting officers are cautioned to not conduct an arrest prematurely and to instead err on the side of collecting more evidence, using the process of a warrant application.
   
   Probable cause is a reasonable basis for upholding the legality of the arrest itself. However, at trial, the prosecuting agency will need to be able to prove their case beyond a reasonable doubt. If probable cause is found, the prosecuting agency may not be found liable for a wrongful arrest unless malicious prosecution can be proven with a preponderance of the evidence.
   
   If probable cause is not found for any of the charges for which the person was arrested, the applicable charges will be dismissed and the arrestee will be entitled to punitive damages in the amount of $5,000 per charge, compensatory damages in the amount of $1,750 per hour served in jail, and additional compensatory damages in any additional amount of demonstrable losses without limitation. In order to collect these damages by summary judgment, the arrestee must file suit in the Civil Division.
    
6. If probable cause is found for at least one charge, the case will proceed to Arraignment.

 

Instructions for Prosecuting a Criminal Indictment

This process is only to be used by prosecutors, such as the District Attorney or Attorney General. If you are not a prosecutor, you should use the mediation and appeal process described later in this circular.

 

To file a criminal action:

1. Complete a Criminal Case Cover Sheet and file it with the Clerk of Courts (( post in this section )).
    
2. Wait for a docket number to be assigned by a member of court staff.
    
3. File an Indictment, which must outline the charges and list the elements of evidence that will be presented.
    
4. The persons named in the indictment will be summoned to court for Arraignment on or before a specific date, and the case will proceed according to the procedure outlined below.

 

Procedure for Criminal Cases

Arraignment
During this phase of the trial, the person charged may enter a plea to each charge. They must enter a plea on each of the listed charges, which can be any of the following:

• Guilty - The person submits and admission of guilt, confessing that they have committed the offense.
• No Contest - The person submits that they are unable to contest the charges. This plea will result in a disposition of Guilty on the charge, but protects one from civil liability.
• Alford Plea - The person submits a guilty plea, but maintains their innocence from a legal perspective. This plea will preserve a right to appeal on questions of law.
• Not Guilty - The person submits that they have not committed the offense, or otherwise cannot be held accountable.
  • Not Guilty by Reason of Insanity - The person submits a Not Guilty plea, on the grounds that they were suffering a mental illness that affected their cognition or ability to determine right from wrong. This plea will result in a civil commitment to a mental hospital until the person can stand trial, then the trial will resume.
     

If a person does not appear for arraignment on or before the time of the trial, a warrant will be issued for their arrest and they will remain in custody until a plea is entered (( note: they should be arrested for the maximum allowed time by an admin )). After a plea is entered, they may be held with or without a bond at the court's discretion.

 

Discovery and Pre-trial Motions
During this phase, both parties will exchange evidence and witness lists. The defense attorney should be in direct contact with the prosecutor via electronic or postal mail (( Forum PM )). Both parties are entitled to view any and all evidence and to review any witness lists in advance of the trial phase - if a party refuses to disclose certain information, the other party may inform the judge who may issue an order to enforce this rule. Much of this information will be disclosed by the Prosecution in the Criminal Complaint, however the defense is also entitled to a listing of any exculpatory evidence (evidence that suggests the defendant is not guilty).

During this phase, the prosecution and defense both have a right to interview any supporting witnesses. If additional time is needed to perform these tasks, the Judge should be notified. If a witness cannot be reached by both parties (( including for OOC reasons )), the witness will be excluded from the case.

(( Additionally, if either party wishes to report any part of this case to server administration via Forum Report, this is the time to do so - the trial phase will not be paused for petty squabbles unless so instructed by an Administrator. ))

In this phase, the following motions can be filed:

• Motion to Dismiss - Can be filed by the defense if probable cause for the crime clearly does not exist. The judge will only be able to sustain this motion if there is a significant likelihood that the defense will prevail. If probable cause exists, this motion cannot be sustained by the judge.
• Motion to Compel - Can be filed by either party to request that the court order the other party to take some lawfully-required action, such as disclosing evidence or witness lists they intend to use as support to the Criminal Complaint.
• Motion to Suppress in limine - Can be filed by either party to request that the court not permit certain evidence or witnesses to testify.

 

Trial Phase
During this phase of the trial, both parties will present the supporting evidence for their case as well as their arguments. Witnesses will be called to testify, if a witness is unavailable for testimony but they are crucial for the case to proceed the Prosecution or Defense can request a deposition or file an Affidavit for Prosecution or Affidavit for Defense.

 

1.  The prosecution will present their evidence in detail.
 

2.  Both the prosecution and the defense will submit a witness list. Any witnesses listed by either may be questioned on direct by the other.

3.  The prosecution will directly examine any witnesses and any evidence they have had analyzed.

4. The defense will cross-examine any prosecution witnesses, asking follow-up questions relevant to the direct examinations.

 

5. The prosecution will re-direct examine their witness, asking questions relevant to the cross-examination.

6. The defense will directly examine any witnesses and any evidence they have had analyzed.

 

7. The prosecution will cross-examine any defense witnesses, asking follow-up questions relevant to the direct examinations.

 

8. The defense will re-direct their witness.

9. The prosecution will submit an affidavit arguing their case and how the evidence presented proves the defendant is guilty of certain offenses.

10. The defense will submit an affidavit arguing their case and how the evidence presented proves the defendant is not guilty of certain offenses.

11. The prosecution will make a closing argument addressing any defenses that have been presented. At this step, new arguments may not be introduced unless to counter arguments made by the defense.

12. The defense will make a closing argument addressing any counter-arguments that have been made to the defense. At this step, new arguments may not be introduced unless to counter arguments made by the prosecution. At the conclusion of this step, the judge will close the trial proceeding and the case will advance into the decision phase.


In this phase, the following motions can be filed:

• Motion to Suppress - Can be filed by either party to suppress the presentation of some evidence or witness testimony that was not disclosed during the Discovery process.
• Motion to Strike - Can be filed by either party seeking to remove some information from the record, perhaps due to badgering a witness not identified as hostile or due to improper foundations of a question. This is the standard motion to file for most objections.
  
  Also in this phase, the opposing counsel can object to questions. Objections can be found here.
   

 

Decision Phase
In this phase, the judicial officer will review the evidence, witness testimony, arguments, and counter-arguments presented to make a determination of guilt. The standard the prosecution must prove is that the charged person is Guilty beyond a Reasonable Doubt for each of the charged offenses for which the person has pleaded anything other than Guilty.

A person is Guilty beyond a Reasonable Doubt when a reasonable person would not have any reason to believe there is a chance of innocence. For example, if any of the evidence suggests that the person may not have done the crime, this may be considered a reasonable doubt. The courts operate on what is referred to as Blackstone's Formulation - that it is better to allow 10 guilty men to walk free than to permit 1 innocent man to be imprisoned unjustly. Therefore, the standard of proof is high but not insurmountable.

In this phase, the following verdicts or dispositions will be determined for each charge:

• Guilty - The person has committed the offense charged, according to the facts.
• Not Guilty - The person has not committed the offense charged, according to the facts.
   

Post-Trial Phase
In this phase, sentencing will occur on any charges for which the charged person has been found Guilty, including those pleaded as such during the pre-trial phase. If the Defendant is found Not Guilty on all counts, the case ends here. Otherwise, the sentencing process begins.

The Judge will request that the Prosecution and Defense submit a list of any aggravating or mitigating factors that should be considered in sentencing. An aggravating factor is a condition where the crime was particularly gruesome or heinous, and therefore argues that the sentence should be higher than normal. A mitigating factor is a condition where the crime was of a more minor nature, or some other factor suggests a lesser degree of culpability, and therefore the person should not be punished as severely as the average case.

Following the receipt of these factors, the judicial officer will ask for a recommendation for sentencing at which time the Prosecutor will submit a recommended sentence. The judicial officer will then issue a sentence. At this time, the defendant will be remanded into custody to begin serving their sentence.

 

 

Appealing a Verdict or Sentence

If the defendant (now convicted) and their attorney disagree with the verdict or sentence as a matter of law, and have grounds for appeal, they may file an appeal. Similarly, if the prosecution disagrees with the sentence imposed by a judge, they may file an appeal. The prosecution may not appeal a verdict of Not Guilty.

 

An appeal can be initiated in the lower court by either party by filing a Notice of Appeal. (( Post as a reply to this topic ))

(( Huge thanks to @Tungsten & @Kotwica for a lot of the work done. ))

[Kebab]

SUPERIOR COURT OF SAN ANDREAS

COUNTY OF LOS SANTOS

CRIMINAL DIVISION

 

Case Name: People of the State of San Andreas v. Defendant

Lead Prosecuting Attorney: Name

 

CRIMINAL CASE COVER SHEET

_______________________________________________

 

The People of the State of San Andreas charge the defendant, NAME, with the following offenses:

1. Name of charge, a MISDEMEANOR/FELONY, pursuant to PC/VC ###

2. Name of charge, a MISDEMEANOR/FELONY, pursuant to PC/VC ###

3. ...

 

Is the Defendant currently in custody?

[ ] YES

[ ] NO

 

Does the prosecuting attorney have reason to believe the Defendant poses a risk of flight or interference with these proceedings if granted bail?

[ ] YES

[ ] NO

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein and in the attached Complaint is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

Lead Prosecutor

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant

 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name

 

CRIMINAL COMPLAINT

_______________________________________________

 

Plaintiff Argument

1. Describe who the parties to this case are in relation to each other.

2. Describe why your case has standing, or why you are allowed to sue for this matter.

3. Continue sequential numbering and lay out your case piece by piece.

...

 

Plaintiff Exhibits

1. Describe the exhibit

(( Link to OOC Proof ))

2. Describe the exhibit

(( Link to OOC Proof ))

...

 

Plaintiff Witness List

1. Name of Witness

(( Link to Forum Profile ))

2. Name of Witness

(( Link to Forum Profile ))

...

 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

Lead Prosecutor

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant

 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name

 

CRIMINAL CASE RESPONSE

_______________________________________________

 

Defense Argument

1. Describe response to this case including why this case lacks standing, any problems with the plaintiff's argument, or what you intend to prove.

2. Continue sequential numbering, laying out your defense in pieces.

...

 

Defense Exhibits

1. Describe the exhibit

(( Link to OOC Proof ))

2. Describe the exhibit

(( Link to OOC Proof ))

...

 

Defense Witness List

1. Name of Witness

(( Link to Forum Profile ))

2. Name of Witness

(( Link to Forum Profile ))

...

 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

MOTION TO/FOR [NAME OF MOTION]

_______________________________________________
 

Describe your motion here.
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

AFFIDAVIT FOR PROSECUTION

_______________________________________________
 

Narrative here, including references to evidence and witnesses.
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

AFFIDAVIT FOR DEFENSE

_______________________________________________
 

Narrative here, including references to evidence and witnesses.
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures

[Kebab]

People v. Defendant
 

Case Number: YY-XNNN

Prepared by: Plaintiff or Attorney Name
 

RECORD OF DEPOSITION

Witness Name: Name of Witness

Date and Time of Deposition: DD/MMM/YYYY HH:mm

_______________________________________________
 

Question: Question and context stated by the person taking deposition...

Answer: Full, unabridged answer given by the witness.

 

...
 

_______________________________________________

Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge.

 

Sworn this __ day of ___________, 20__ by:

 

/s/ NAME OF ATTORNEY

Name of Attorney

 

... Additional Attorney Signatures