Case Closed CRIMINAL APPEAL - Rolf Lions - SETTLED

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sleighwhite

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Apr 26, 2023
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Select the type of case you wish to file with the court:
CRIMINAL APPEAL

Defendant:
Josh Rich (Anthony507)

I. Statement of Claim
1. The Defense claims that on or about Wednesday, August 9th, counsel requested an Incident Report regarding the Defendant's arrest on July 30, 2023.

2. The Defense claims that when they were provided the Incident Report (see below) it was blank for all intents and purposes with the exception that the Defendant's Arresting Officer, Officer Albus Davies, is quote "NOT responsible for writing this report."

3. The Defense claims that because any evidence regarding the specific sequence of events does not exist some 10 days after the date of arrest when counsel requested it, there is not sufficient evidence in order to convict.

4. The Defense claims that any physical evidence that was in fact collected at the time of the incident in question lacks foundation as there is no testimony to support it.

5. The Defense would object to any such written report or evidence being added at this point so far after the fact as it could misstate facts or be hearsay.

II. Charge(s)
Felony Evading a Peace Officer x1
Possession of a Class 2 weapon x1
Possession of Unregistered Firearm x1
Driving Without a License x1

III. Representative
Devyn Little (sleighwhite)

IV. Officers Involved
Albus Davies

V. Evidence
Incident Report:


VI. Actions Taken
70 Months
$2,100 fine

VII. Witnesses
The Defense isn't calling any witnesses at this time
 
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Note: This is a Motion to Dismiss charges, not a true Criminal Appeal case. Need to have the Prosecution advise if they're interested in contesting this motion or not.
 
@sleighwhite I've reached out to discuss future dismissals.

Awaiting reply from the DA's office, deadline set for such reply at 17th August 2023 @ 23:59 UK-time (BST).
 
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This case is being dismissed.

Restitution is set at $2,800. Erin will be in touch about getting that sorted once she receives it from state.
 
The Defense would like to enter a motion to increase the amount of Restitution - we find that 70 months in prison is a significant portion of time worth more than $700.
 
Court ruling:

$2,100 fine
+
$7,000 for the time spent in prison.
 
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