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General Information

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ybpo8xbw

General Information

 

Here you will find the majority of the information you will need in order to learn how to use the courts, assuming you have sufficient, basic legal knowledge. This is geared towards informing people who are already relatively knowledgeable on how the specific systems of the courts work, rather than the laws themselves. This thread is a mixture of knowledge that is both OOC and IC. Use common sense.

 


 

When & How Trials Are Used

Spoiler

Criminal Arraignment Petition for Law Enforcement

When an individual is arrested and charged with a crime, the law enforcement officer(s) involved must ask out of character if the person being charged wants a trial, or if they wish to simply accept the charges and go straight to prison or jail, depending on the crime. It is important that the law enforcement officer(s) inform the player of their full and complete charges, fines, and times before asking them if they want to choose a trial or plea guilty. When a player chooses to go straight to prison or jail, the charge(s) are treated as a plea deal where the suspect pleads guilty. There may be no appeal made in that case except in cases where there may have been coercion. When a player asks what entails a trial, the law enforcement officer(s) involved should inform them of the following process;

 

  1. The suspect is brought to a detainment cell and detained for an indefinite period of time.
  2. The suspect's out of character/forum name is gathered so they may be tagged when the arraignment is filed.
  3. The District Attorney's  Office will post the arraignment and tag the suspect in it.
  4. The suspect may choose to file for bail if available.
  5. The suspect or their attorney and the District Attorney who is prosecuting then reply on the thread as necessary until the trial is finished.

 

Criminal Complaint Petition for Civilians

If a player wishes to press charges against another, they must go to their local law enforcement agency and speak to an officer. They must file a police report and give the law enforcement officer the necessary information related to the crime that the civilian claims occurred. From there, the law enforcement agency will investigate the complaint and forward the information they've gathered to the District Attorney who will determine if there is enough evidence to prosecute.

 

You as a civilian should try your best to document the crime that occurred so you have the best chance at proceeding with a prosecution. This can be in many forms but a few are CCTV video footage, pictures, medical reports, or asking witnesses to sign affidavits affirming that they saw the crime or the circumstances around the crime happen.

 

Civil Petition for Citizens

Anyone may file a civil petition with the courts which if deemed valid, may turn into a civil suit. All that is necessary is for the civil petition to be filled out as fully as possible and posted in the Civil Chambers section. You will quickly find out if it is valid. If it is, you should send the person you are suing a PM on the forums informing them that they are being sued or tag them in the thread. The courts will also attempt to make contact with the player being sued but do not rely on solely that.

 

Civil petitions are generally filed when you have what is called a Cause of Action. A few examples are;

  • Negligence Leading to Personal Injury
  • Defamation of Character
  • Civil Rights Violation
  • Damage of Property
  • Breach of Contract
  • Civil Harassment
  • Wrongful Death
  • False Arrests

 

If you wish to file a Civil Complaint regarding police brutality it is recommended you also file an Internal Affairs complaint. Civil petitions may be filed against private citizens as well as entities such as corporations or government agencies.

 

Appeal Petition

Anyone may file an appeal. Appeals are valid for all types of court cases both civil and criminal, including traffic offenses, excluding plea deals. If you wish to file an appeal in the Superior Court of San Andreas, ensure first that your appeal is valid under the proper time frame. See the court rules for that. After assessing your appeal and determining that it is valid, copy the appropriate appellate format and file it in the courts. Please keep in mind that for traffic appeals, you must have signed the ticket in character otherwise you cannot appeal.

 

The criminal and civil petitions go into appellate chamber whereas a traffic appeal may be filed in the traffic chamber.

 

ANYONE MAY FILE TRAFFIC APPEAL PETITIONS, YOU ARE NOT REQUIRED TO SEEK A LAWYER FIRST LIKE CIVIL AND CRIMINAL APPEALS.

 

Your Rights After Being Arrested
Spoiler

 

In the state of San Andreas, there are explicit civil rights and liberties that each and every individual in the state, regardless of nationality or origin, are entitled to after being arrested. This is an explanation of these rights and how they involve law enforcement and persons accused of committing crimes who have been arrested.

 

Right to Access to an Attorney

Any prisoner or any relative of the prisoner may request an attorney-at-law entitled to practice law in the courts to visit them and no reason is required other than a valid request having been made. It is unlawful for any peace officer in the state of San Andreas to willfully refuse or neglect to allow an attorney to visit a prisoner who has requested one.

 

Right to Access to a Physician or Psychiatrist

If licensed in the state of San Andreas, any physician or surgeon, including a psychiatrist, or psychologist with a doctoral degree and two years experience is permitted to visit a prisoner being held in custody if requested by the prisoner or the prisoner requires medical attention.

 

Right to Telephone Calls

A prisoner in custody is entitled to make a minimum of three (3) completed telephone calls immediately after booking, except when it is physically impossible to do so, no later than three (3) hours after the arrest. When the prisoner requests a phone call, the call must be available immediately after the request or as soon as practical. The calls may be made to either an attorney or public defender of the arrestee's choice, a bails bondsman or a relative or close friend. Any phone calls requested later than three (3) hours after the arrest, or after being sentenced by the Superior Court of San Andreas are a privilege and not an explicit civil right.

 

Right to Speedy Trial

A person in custody has the right to a speedy trial. An arrestee must be charged within seventy-two (72) hours or the arrestee is to be released and the charges dropped. The only exception to this is the arraignment may be created up to one hundred and forty-four (144) hours later if the arrestee is being charged with multiple serious offenses or the arresting officers require further investigating/interrogating of the arrestee. The time limits listed are not including weekends when the courts are closed. After arraignment, the case must proceed within three hundred and thirty-six hours (336) for as long as necessary until finished. 

 

Bail

Any person who has been arrested or their legal counsel, on their behalf, may request bail. Bail is a topic almost always dealt with during arraignment but in some cases it it may be granted earlier, while someone is in detainment, before arraignment if the time before an arraignment is made is especially long. The District Attorney may make a recommendation for bail at arraignment. This is generally followed but final say on all bail is made by the presiding justice.

 

 

Court Rules

Spoiler

 

General Rules

  1. Do not use alternative characters to represent yourself. You either hire a lawyer or represent yourself on the character being charged.
  2. Do not use OOC chat and bicker during a court proceedings. The only exceptions to this is clarification of certain issues or admins posting necessary information.
  3. Do not name change, self CK, or transfer assets of any kind or modify your character in any way. This rule applies from the moment your are detained by law enforcement and or receive a civil complaint to the moment that all legal proceedings finish including verdict and punishment.
  4. Do not go inactive without informing the judge. Doing so without informing the judge will mean you forfeit your case.
  5. When utilizing the courts, you do so under the following pretenses;
    1. You have provided a State Issued Photo ID.
    2. You submit truthfully all available contact information about yourself.
      1. Phone Number
      2. Address
      3. Place of Employment
      4. E-Mail
  6. Do not power game any of your evidence. If you declare a piece of evidence to be valid through use of stars ** to indicate it is a tangible item, you must be truthful.

 

CCTV Footage

  • Before a civil petition is filed and CCTV footage is to be used, players must make an attempt to obtain the CCTV footage VIA forum PM or role playing with the owner of the camera.
  • If no response is received by the CCTV camera owner within 72 hours, the player requesting the footage may RP automatically receiving it.
  • Players may automatically assume receiving the footage if the CCTV camera owner has been inactive in-game or on the forums for 7 days.
  • Players may ask administrators and court staff for assistance in locating the owners of CCTV cameras.

 

Appeal Time Frame

Flawed Processing

2 Months, Appealing Party Holds Burden of Proof

 

Felony Conviction

4 Months

 

Misdemeanor Conviction

1 Month

 

Traffic Violation

1 Week

 

 

Law Enforcement & Court Contact List

Spoiler


The information below may be used in-character to contact various agencies or personnel. If you send them a forum PM, it may be roleplayed as a letter or e-mail. It is reasonable to expect to be able to contact all of these people and their offices through that means if their phone number is not available.

 

Los Santos Police Department

Chief of Police - @Salsa

Franklin Bates

 

Superior Court of San Andreas

Chief Justice - @ThatGuy

Irma Whitney

 

Associate Justice - @Zebulon

 

Associate Justice - @EvilScotsman

 

District Attorney's Office

District Attorney - @Zebulon

Patrick Masterson

 

Assistant District Attorney - @Wright

 

Public Defender's Office

 

 

Salary Disclosure

Spoiler

 

Chief Justice

$150,000/year ((1,500))

 

Associate Justice

$140,000/year ((1,400))

 

Public Defender

$65,000/year ((650 + Pay Per Case))

 

 

Court Formats

Spoiler

 

When you go to post one of the court formats, select it by quoting this main thread and selecting it within the quotes. Then paste that quote in a new thread, or click the "Paste From Word" button. This is done to preserve the formatting of the format. Some people have light themes and others have dark and direct copy & paste can make a thread you post illegible. The titles of each thread should be as follows;

 

Appeal

Title, Date [Month, Day]

INSERT PLAINTIFF'S NAME v. INSERT DEFENDANT'S NAME [4/01]

 


 

A gang injunction is a court-issued restraining order prohibiting gang members from participating in certain activities. It is based on the legal theory that gang activity constitutes a public nuisance that prevents non–gang members from enjoying peace in their communities.If a gang injunction wishes to be filed by law enforcement, do so by sending the request to any justice of the Superior Court of San Andreas.

 

Law enforcement must be able to point to specific factors which link two or more people together which they reasonably believe to be associated with or involved with gang activity. Law enforcement may target individuals to be named in an injunction using criteria like past convictions, tattoos, clothing, signs, photos with family members or friends who may also have past convictions. This includes "John Doe's" and other individuals that are believed to be involved in the gang activity under reasonable suspicion. As more information is learned by law enforcement about the gang, they must reasonably provide it to the Superior Court of San Andreas.

 

Criminal / Civil Appeal Petition

Spoiler

 

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Criminal / Civil Appeal Petition

Court of San Andreas, District of Los Santos

 

Insert Plaintiff's Name Here

 

Subpart 1. Personal Information.

 

Date:

Full Name: 

Contact Information:

Plaintiff Legal Representation:

 

Subpart 2. Appeal.

 

The plaintiff, Insert Plaintiff's Name Here appeals the following:

  • Appeal 1
  • Appeal 2

Under the pretense of:

☑☒ - The court has made an error.

☑☒ - The verdict does not support the weight of the evidence.

 

Subpart 3. Narrative.

 

Include a complete narrative, including as much detail as possible.

 

Subpart 4. Evidence.

 

Exhibit 1.

 

Spoiler

Insert evidence here. Include logs, screenshots, witnesses, etc in spoilers. One liner pieces of evidence don't need a spoiler.

 

 

 

Exhibit 2.

 

Spoiler

Insert evidence here. Include logs, screenshots, witnesses, etc in spoilers. One liner pieces of evidence don't need a spoiler.

 

 

Subpart 7. Declaration.

I, INSERT NAME, affirm that the foregoing is accurate and true to the best of my knowledge and belief.

 

(( TAG ALL INVOLVED ))

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

Traffic Appeal Petition

Spoiler

 

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Traffic Appeal Petition

Court of San Andreas, District of Los Santos

 

Insert Plaintiff's Name Here

 

Subpart 1. Information.

 

Full Name: 

Answer Here

 

Contact Information:

Answer Here

 

Plaintiff Legal Representation:

Answer Here

 

Date of Submission:

Answer Here

 

Location Of Incident:

Answer Here

 

Weather Of Incident:

Answer Here

 

Date of Incident:

Answer Here

 

Vehicle Model:

Answer Here

 

Vehicle VIN:

Answer Here

 

Vehicle Plate:

Answer Here

 

Parties Involved:

Answer Here

 

Were You Driving?:

Answer Here

 

Subpart 2. Appeal.

 

The plaintiff, Insert Plaintiff's Name Here appeals the following:

  • Appeal 1
  • Appeal 2

Subpart 3. Narrative.

 

Include a complete narrative, including as much detail as possible.

 

Subpart 4. Evidence.

 

Exhibit 1.

 

Spoiler

Insert evidence here. Include logs, screenshots, witnesses, etc in spoilers. One liner pieces of evidence don't need a spoiler.

 

 

 

Exhibit 2.

 

Spoiler

Insert evidence here. Include logs, screenshots, witnesses, etc in spoilers. One liner pieces of evidence don't need a spoiler.

 

 

Subpart 7. Declaration.

I, INSERT NAME, affirm that the foregoing is accurate and true to the best of my knowledge and belief.

 

(( TAG ALL INVOLVED ))

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

Subpoena

Spoiler

 

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Subpoena Duces Tectum

ORDER TO ATTEND COURT OR PROVIDE DOCUMENTS

 

Court of San Andreas, District of Los Santos

 

Subpart 1. Summary.

 

Dear SUBJECT NAME,

 

This is a formal notification of request to attend, provide information to, or perform actions pertaining to an ongoing criminal or civil investigation. You are asked to perform the items checked below in an expedient and effective manner.

 

☑☒ - Attend the hearing.

☑☒ - Attend the hearing and bring all items checked in below.

☑☒ - Provide a copy of these items to court.

 

Subpart 2. Listed Items.

 

Item 1.

Describe the item. If no item is requested, replace this with N/A.

 

Item 2.

Describe the item. If no items is requested, replace this with N/A.

 

Subpart 3. Magistrate Signature.

(( Fill this in when a judge signs off on the subpoena with the judge's name before you send it to the recipient. ))

 

You are asked to complete this request within seventy-two (72) hours. Please be reminded, failure to properly respond to subpoena will result in being held in contempt of court.

 

(( TAG ALL INVOLVED ))

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

Judgement

Spoiler

 

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Judgment

Court of San Andreas, District of Los Santos

 

In the matter of The People vs DEFENDANT'S NAME GOES HERE

 

The court finds CONTINUE NARRATIVE HERE

 

The defendant is found guilty of; Delete this section if it does not apply.

  • Penal Code - Description
  • Penal Code - Description
  • Penal Code - Description

The defendant is found not-guilty of; Delete this section if it does not apply.

  • Penal Code - Description 
  • Penal Code - Description
  • Penal Code - Description

-and hereby sentenced to INSERT FINE AND TIME.

 

(( TAG ALL INVOLVED ))

 
 
 
 
 
1
 
 
 
 
 
 
 
 
 
 
 

 

Notice of Action

Spoiler

 

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Notice of Action

Court of San Andreas, District of Los Santos

 

Notice is hereby given that the People, in the above-named case, has filed a criminal complaint pleading against you. The complaint was filed with the Criminal Court of San Andreas on MONTH DAY, YEAR.

 

You are officially being charged with the following:

  • Penal Code - Description
  • Penal Code - Description
  • Penal Code - Description

Within 72 hours, you must provide an answer, or response, to the claim(s) enclosed with this notice (attached to this notice). You must file your answer, in addition to any motions (if any), within that same time frame. If you fail to do so within the time frame, a default judgment will be entered against you. There will be one more attempt to contact you before the default judgment is entered.

 

Your response must contain your pleading in the matter, which could be one of the following:

 

Guilty

You plead guilty to some or all the crimes listed.

 

Not Guilty

You plead not guilty to some or all of the crimes listed, a will ensue.

 

No Contest

You do not formally plead guilty but you acknowledge the prosecution will likely prevail and choose not to contest the prosecution.

 

In addition, you may strike a plea deal with the prosecution, in which you can, for example, plead guilty for a lesser punishment.

 

(( TAG ALL INVOLVED ))

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

Gang Injunction

Spoiler

 

ybpo8xbw

Abraham Lincoln Court House

Official Press Release

 

u9dkFrm.png

 

Injunction - #(INSERT NUMBER)

 

 

AIMS OF THE GANG INJUNCTION

  • Reduce the rate of criminal and weapon offenses.
  • Reduce the visibility of the (INSERT GANG NAME HERE).
  • Reduce resident intimidation and fear of confrontations with the (INSERT GANG NAME HERE).
  • Increase residents' sense of control over their community; and
  • Provide an excuse for some members to get out of the (INSERT GANG NAME HERE).

AREAS OF GANG INJUNCTION

Spoiler

(INSERT A PICTURE OR DESCRIPTION OF THE AREA HERE.)

 
 
Quote

IT IS ORDERED, ADJUDGED AND DECREED that:

 

Defendant (INSERT GANG NAME HERE), all of its members, and all persons acting under, in concert with, for the benefit of, at the discretion of, or in association of (INSERT GANG NAME HERE), are enjoined and restrained in engaging or performing directly or indirectly any of the following activities:

  • Do Not Associate
    • Standing, sitting, walking, driving, gathering or appearing anywhere in public view or any place accessible to the public with any known member of (INSERT GANG NAME HERE);
  • No Intimidation
    • Confronting, intimidating, annoying, harassing, threatening, challenging, provoking, assaulting or battering any person known to be a witness, known to be a victim of, or known to have complained about the (INSERT GANG NAME HERE);
  • No Guns or Dangerous Weapon(s) 
    • Anywhere in public view or accessible to the public.
      • Possessing any gun, ammunition or illegal weapon as defined in the Firearms Act
      • Knowingly remaining in the presence of anyone who is in such possession of such gun, ammunition or illegal firearm or 
      • Knowingly remaining in the presence of such gun, ammunition or illegal firearm.
  • No Graffiti or Graffiti Tools
    • Damaging, defacing, or marking any public or private property of another, or possessing any spray-paint can, felt-tip marker, or other graffiti tools.
  • Stay Away From Drugs
    • Selling, possessing, or using any controlled substance or related paraphernalia, without a prescription.
  • Do Not Flag Down Cars
    • Approaching or signalling to any vehicle on any street, alleyway, or other areas of public passage, thus causing the vehicle to stop, unless a legitimate emergency so requires;
  • No Loitering
    • Being present, or causing others to be present, or in general, loitering on the private property of others or public property (both residential and commercial),except
      • With the prior written consent of the person in lawful possession of the property, or; 
      • In the presence of and with the voluntary consent of the person in lawful possession of the property.
  • No Noise
    • Making, causing, or encouraging others to violate noise restrictions including playing loud music, participating in loud parties, engaging in exhibitions of speed making loud noise, such as roaring engine and screeching tires, etc.
  • No Vandalism
    • Damaging or vandalizing the property of another, including public property.
  • No Fights
    • Fighting in public or any place open to public view or hearing.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

VIOLATIONS OF THIS GANG INJUNCTION 

Any violation will result in being charged with Penal Code 166 - Contempt of Court and the predetermined sentencing guidelines are the following*,

  • Fine of $5,000.
  • Imprisonment in the San Andreas Detention Center (SAD) for up to 2 weeks. ((2 hours))

*The charge of PC 166 Contempt Of Court is not a substitute to other criminal charges, rather an addition.

 

 

Dated: (INSERT DATE HERE)

(INSERT MAGISTRATE SIGNATURE HERE)

Justice of the Superior Court

 

 

For more information,

Public Relations Officer

Superior Court of San Andreas Courthouse Building,

Pershing Square City of Los Santos,

State of San Andreas

[email protected] ((PM))

Hotline Number: 211

u9dkFrm.png

 

Disclaimer

This publication was brought to you by the Office of Publications within the Superior Court, and all comments are accepted within the comment section.

 

Quote

Username:

Comment:

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

u9dkFrm.png

 

OOC

Insert any OOC information here. If there is none, remove this section.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

Injunction

Spoiler

 

ybpo8xbw

Abraham Lincoln Court House

Official Press Release

 

u9dkFrm.png

 

Injunction - #(INSERT NUMBER HERE)

 

SUMMARY OF THE INJUNCTION

Describe the impetus for which the injunction was made as well as any background or other relevant information.

 

 

An injunction is henceforth issued.

 

Quote

IT IS ORDERED, ADJUDGED AND DECREED that:

  • List Item 1
  • List Item 2
  • List Item 3
  • Add or remove as many list items as necessary.

IT IS ENCOURAGED, OFFICIALLY ENDORSED, AND ASKED BY THE COURT that:

 

  • List Item 1
  • List Item 2
  • List Item 3
  • Add or remove as many list items as necessary.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 

Dated: (INSERT DATE HERE)

(INSERT MAGISTRATE SIGNATURE HERE)

Justice of the Superior Court

 

 

For more information,

Public Relations Officer

Superior Court of San Andreas Courthouse Building,

Pershing Square City of Los Santos,

State of San Andreas

[email protected] ((PM))

Hotline Number: 211

 

u9dkFrm.png

 

Disclaimer

This publication was brought to you by the Office of Publications within the Superior Court, and all comments are accepted within the comment section.

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