Case Closed CRIMINAL APPEAL - Burgess Jacobwitz - Scheduling

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NiaLiviaus

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Apr 12, 2023
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Select the type of case you wish to file with the court:
CRIMINAL APPEAL

Defendant:
Paul Wiggam [baileylister]

I. Statement of Claim
Mr. Wiggam is currently facing 12 counts of attempted murder on a protected person in connection with a bank robbery that transpired on October 16th, 2023. We firmly contend that these charges are unduly harsh and unjust, as they do not align with the legal definition of attempted murder, specifically with regards to the requirement of premeditation. Moreover, we assert that the correct charges should be Aggravated Assault and Battery due to the lack of evidence for premeditation.

The core issue in this case revolves around the definition of attempted murder, which mandates that it involves an attempt to perform a premeditated killing of another person with malice. Premeditation, as defined by law, necessitates careful planning or thinking out an action, especially a criminal one, beforehand. It is our contention that there exists a lack of evidence to substantiate the claim of premeditation in Mr. Wiggam's case.

Our grounds for appeal are as follows:

1. Absence of Premeditation:
The prosecution has failed to provide concrete evidence indicating that Mr. Wiggam premeditated the alleged crimes. There is a distinct lack of documented plans, preparations, or other substantial proof that would support the crucial element of premeditation required for a charge of attempted murder.

2. The Nature of the Robbery:
The incident in question, a bank robbery, is characterized by its inherent impulsivity. Bank robberies are typically fast-paced events that do not allow for careful planning or forethought. The absence of any convincing evidence of premeditation directly contradicts the requirement as defined by the law.

3. Failure to Meet the Burden of Proof:
The prosecution has not satisfied its burden of proving, beyond a reasonable doubt, that Mr. Wiggam attempted to premeditatedly kill another person with malice. Without this, the charges of attempted murder lack a sound legal foundation.

4. Appropriate Charges:
In light of the evidence presented, we argue that the correct charges for the injuries sustained by the law enforcement officers during the bank robbery should be Aggravated Assault and Battery. These charges more accurately reflect the circumstances and the level of intent involved in the alleged crimes.


We contend that the charges against Mr. Wiggam are unjust, and justice demands a meticulous and impartial examination of the evidence presented. In this case, the evidence falls short of substantiating the charges, particularly the requirement of premeditation, and thus, these charges should be reconsidered.

In consideration of the above, we respectfully request the court to undertake a comprehensive review of this appeal. We implore the court to recognize the absence of evidence supporting premeditation and to consider the more appropriate charges of Aggravated Assault and Battery for the injuries sustained by the law enforcement officers. A just legal system is one that operates in accordance with the principles of fairness, truth, and the presumption of innocence.

It is our hope that the justice system, built on principles of fairness, truth, and the presumption of innocence, will rectify this unjust situation by conducting a comprehensive review of the evidence. In light of the absence of premeditation, we urge the court to reconsider the charges against Mr. Wiggam.

II. Charge(s)
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III. Representative
Nia Liviaus [selliee]
Michael Little'nee [Killa3130]

IV. Officers Involved
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V. Evidence
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VI. Actions Taken
1322 Months | $25,300 Fine

VII. Witnesses
The Defense is not calling any witnesses at this time; however, we reserve the right to add witnesses in the future until the Discovery period has ended.
 
Update on this?
 
We will most likely be agreeing to a settlement here, I just need to formalize it but we have a verbal agreement as of now.
 
The State has agreed to a settlement with the defense in changing the Attempted murders to Aggravated Assault & Batteries with the same enhancement. The settlement will include the fine difference as well as money for time served for a total of $20k
 
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Respectfully, the Defense is requesting a reassessment for the proposed settlement amount. Based on prior documented restitution rulings by the court, the Defense requests a settlement amount of $70,000. We feel that this total adequately takes into consideration the financial, emotional, and physical suffering Mr. Wiggam has endured for the 606 additional months of wrongful imprisonment and the $7,900 fine.

We are committed to resolving this matter amicably and expeditiously. We hope the District Attorney's Office will recognize the need for a more substantial settlement in this case and work with us to ensure Mr. Wiggam receives the compensation he deserves.
 
I will respectfully decline that settlement agreement. Maybe if all charges were dropped I would be more inclined, however this is still a serious offense. I will raise it to $27,900, $20,000 for time served and $7,900 for the fine.

To think that $1000 for every 10 months spent in prison is absolutely ridiculous. Our standard at the DAs office is $500 to 10 months for smaller terms, however anything larger than 200 months is scaled back due to the fact that the civilian most likely fell asleep in the prison and didn't have to fully spend that time in the jail.
 
In an effort to avoid utilizing valuable court resources, the defense is dedicated to settling this case. That being said, we're steadfast in our request as we feel that the courts have already ruled in similar motions:


A: https://www.legacy-roleplay.com/index.php?threads/criminal-appeal-rolf-lions-settled.926/
B: https://www.legacy-roleplay.com/index.php?threads/criminal-appeal-rolf-lions-settled.999/

The defense would like to submit a similar motion to have a Judge step in and rule on the amount. If a Judge is unable or unwilling to rule, we will be happy to take this to court.

We wish to emphasize that should this course of action be taken, it is likely to result in an increase in the relief we will seek. This increase would be due to the mounting legal fees incurred by our client.
 
The defense and state have settled numerous cases recently since I have taken over as DA with the formula of $500 for every 10 months in prison. That is the maximum I am willing to go for a settlement. If you are really willing to settle you will settle for the same amount that you have multiple times with me in the past

$30,300 in time served at that formula
$7900 in fines

$38,200 settlement
 
Let me go ahead and discuss this with the other justices so that we can have a fair and balanced outcome for this and without no federal issues.
 
If we cannot agree on terms by Friday 10th, we will be going to trial.
 
And then it will be ruled upon
 
The defense appreciates the quick response. However, we are still firm on our asking of $70,000.

I understand that the District Attorney is pointing out how we have settled numerous times. Each case that has been settled upon is quite different, and the defense firmly believes that these charges warrant a different and greater restitution amount.
 
We can have this case after the one scheduled on saturday?
 
If we want to meet briefly sometime this week I should be able to, tomorrow night I have some availability, but will not be available this weekend for anything. This should be a quick discussion in the chambers I am guessing?
 
Close and settled
 
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