Case Closed CRIMINAL APPEAL - [Burgess Jacobwitz] DISMISSED WITHOUT PREJUDICE

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NiaLiviaus

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DOJ
Apr 12, 2023
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Username: NiaLiviaus

Select the type of case you wish to file with the court:
CRIMINAL APPEAL

Defendant:
Jacob Beannut [justpiggy]

I. Statement of Claim
The defense contends that the arrest warrant under which Mr. Beannut was apprehended contained a critical error at the time of execution, rendering it invalid. We respectfully request the court's intervention to address this issue and make a ruling accordingly.

The defense has carefully reviewed the circumstances surrounding Mr. Beannut's arrest and has identified a substantive flaw in the arrest warrant. It has come to our attention that the warrant, as executed, contained an error that should have precluded its issuance and subsequent execution. This error, we argue, calls into question the validity of the entire arrest and, by extension, the charges brought against Mr. Beannut.

In light of the above, we kindly request the court to consider the following:

  1. Error in the Arrest Warrant: The defense contends that the arrest warrant executed for Mr. Jacob Beannut contained a material error at the time it was executed. This error raises concerns about the warrant's validity, and we submit that the court should review the circumstances surrounding its issuance and execution.
  2. Request for Court Intervention: Given the alleged error in the arrest warrant, we respectfully request the court to intervene in this matter and conduct a thorough examination of the circumstances leading to Mr. Beannut's arrest. We believe that a ruling from the court is essential to ensure the fair and just administration of justice in this case.
  3. Potential Implications: Should the court find merit in our claim and determine that the arrest warrant was indeed flawed at the time of execution, we request the court to assess the implications on the charges brought against Mr. Beannut. It is our position that an invalid arrest warrant should nullify the subsequent charges, and we seek the court's guidance on the appropriate course of action.

II. Charge(s)
Armed Robbery of a Bank (ACC)x1

III. Representative
Nia Liviaus [selliee]

IV. Officers Involved
Alexandr Nolan
Jeremie Rodriguez

V. Evidence
Picture of the warrant at the time it was executed, but since has been changed. https://cdn.discordapp.com/attachme...1373878df96107d0dcd89fcef70fe468cba4d28058a5&

VI. Actions Taken
79 Months | $2,100 Fine

VII. Witnesses
The defense calls no witnesses at this time but holds the right to add witnesses up until the end of discovery
 
I will be presiding over this case. As I have stated before, there will be swift correction as I allowed a correction before with the previous DA and high command of PD, if there is in fact an issue with the warrant.
 
The warrant has been amended to account for the correct name and signed by Chief Roscoe again. If needed prosecution is fine moving forward to trial over the matter.
 
The warrant has been amended to account for the correct name and signed by Chief Roscoe again. If needed prosecution is fine moving forward to trial over the matter.
That is the issue. The warrant was served erroneously. It should have been amended before hand.

My ruling will be as follows:

One count of ACC Robbery of a Bank - Dismissed WITHOUT Prejudice
 
The defense appreciates the quick responses, as for the ruling we would like to ask about restitution.

The defense would like to request the amount of $10,000.
 
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