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Court Case - Trial In-Progress State of San Andreas Vs. Arter Crowley

Discussion in 'Court Proceedings' started by Asu40, May 22, 2020.

  1. Asu40

    Asu40 Active Member BCSO BCSO Lieutenant Department of Justice Chief Justice

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    Arraigned By: TBD
    Prosecutor: TBD
    =========================
    Case number: #1741
    Charges: (Code & written)

    M86^3F - (Unauthorized Possession Of a Lockpicking Device) - Not Guilty

    Defendant: Arter Crowley

    Defense Attorney: N/A

    =========================
    Arresting (Charging Agency) Officer: E. Williams

    Officer(s) Involved: J. Williams

    Witnesses: N/A

    Evidence: MK2 Pistol

    Incident Summary: **REVIEW ARREST REPORT**
     

    Attached Files:

  2. Asu40

    Asu40 Active Member BCSO BCSO Lieutenant Department of Justice Chief Justice

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    At this time I find there to be sufficient and probable cause in allowing this case to proceed.
    Trial begins on the 22nd day of April at 1200 hours
    Trial ends on 28th day of May at 1200 hours
    The Trial will last 7 days

    Supreme Court,
    Chief Justice David Johnson
     
  3. Payne

    Payne Assistant Director Staff Member Assistant Director Supporter State Police Licensed Lawyer Criminal

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    Good Afternoon,

    My name is Rudy Wilson and I will be taking this case for my client Arter Crowley. While we do not intend to fight the possession of the lockpicking device we do intend to challenge the felony enhancement. Per the Penal Code "Offense Level is upgraded to Third Degree Felony if a lockpicking device is used to bypass a lock or barrier, whether the attempt successful or not."

    The report states my client saying that he "used the lockpick to open things", while I understand that at face value it sounds like my client just talked himself into a felony. The fact of that matter is, that phrase is simply not enough. The Enhancement states "....upgraded to Third Degree Felony if a lockpicking device is used to bypass a lock or barrier, whether the attempt successful or not"....not "...if a lockpicking device is said to be used to bypass a lock or barrier...". Based on the report, It is abundantly obvious that my client never attempted to use said lockpicking device, a very clear pre-requisite that was not met, nor is there any evidence supporting the enhancement.

    For the reasons stated we are requesting the charge be downgraded back to where it rightfully should be, a simple M86 with no enhancements.

    The defence has nothing further to add or request at this time.

    Thank You,
    Rudy Wilson
     
  4. Asu40

    Asu40 Active Member BCSO BCSO Lieutenant Department of Justice Chief Justice

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    Thank you Mr. Wilson

    At this time this case is "Under Review"

    Supreme Court,
    Chief Justice David Johnson
     

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