#24-CM-0050, State of San Andreas v. Anthon Cerbach

Locked
Anthon Chapel
Posts: 16
Joined: 28 Jan 2024, 15:10
ECRP Forum Name: EimaTrG
Discord:

#24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Anthon Chapel »

Image
Image
Defendant Name: Anthon Cerbach
Defendant Phone: 595-1420
Defendant Address: N/a
(( Defendant Discord: aiasn ))
Requested Attorney: David Coast
Image
Charging Department: LSPD
Image
Date & Time of Incident(s): 10/FEB/2024 16:45
Charge(s):
  • Attempted GM05
  • Burglary
  • Grand Theft
Narrative:
I feel like the GM05 charge was not necessary and I was unlawfully arrested.



I, Anthon Cerbach, hereby affirm that all information provided above is true and correct to the best of my knowledge, and understand that knowingly providing false information could result in additional charges and/or fines. (( I affirm that all information submitted has been obtained via In-Character means. ))
Image
Last edited by Anthon Chapel on 11 Feb 2024, 14:07, edited 1 time in total.
User avatar
Judith Mason
Judicial Branch
Posts: 3101
Joined: 21 May 2021, 03:11
ECRP Forum Name: Judge Judy
Discord:

SAJB Awards

Re: State of San Andreas v. Anthon Cerbach

Post by Judith Mason »

Image


San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF RECEIPT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach

The court has hereby received and acknowledged the above case on the 11th day of February, 2024.


The Superior Court of San Andreas has received your filing and the case is now pending activation. Be advised that the court system runs on a first-come, first-served basis and will only activate cases out of order for special circumstances.

During this time, the defendant is encouraged to reach out to a licensed defense attorney in order to prepare a proper defense, otherwise, a court-appointed attorney will be assigned to the case upon its activation.

The defendant is further encouraged to speak with an authorized individual at Rockford Hills City Hall, Mission Row Police Station, or Paleto Bay Sheriff's Office for official clarification on the specific charges received and their respective date and times, as once the case has been activated, any omitted charges will be considered abandoned and unable to be disputed within this case.


Image
Associate Justice
San Andreas Judicial Branch
(909) 257-9183 — [email protected]
Image
David Vespucci
Posts: 253
Joined: 11 Dec 2023, 04:25
ECRP Forum Name:
Discord:

SAJB Awards

Re: State of San Andreas v. Anthon Cerbach

Post by David Vespucci »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach

A Notification of Counsel was filed in the above case on 11/FEB/2024.


I, David Coast, a Public Defense Attorney with the San Andreas Judicial Branch, will be representing the Defendant, Anthon Cerbach in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

Image
Public Defense Attorney
San Andreas Judicial Branch
(909) 593-1338— [email protected]
Image
Anthon Chapel
Posts: 16
Joined: 28 Jan 2024, 15:10
ECRP Forum Name: EimaTrG
Discord:

Re: State of San Andreas v. Anthon Cerbach

Post by Anthon Chapel »

Due to some circumstances I have gone private with Wood Law
David Vespucci
Posts: 253
Joined: 11 Dec 2023, 04:25
ECRP Forum Name:
Discord:

SAJB Awards

Re: State of San Andreas v. Anthon Cerbach

Post by David Vespucci »

Image


Notification Of Counsel

State of San Andreas v. Anthon Cerbach

To whom it may concern,

I, David Coast, an Associate with Wood Law, will be representing the Defendant, Anthon Cerbach in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

Respectfully,
Image
David Coast
Associate
Bar Certified Attorney
☏ 593-1338

Image
David Vespucci
Posts: 253
Joined: 11 Dec 2023, 04:25
ECRP Forum Name:
Discord:

SAJB Awards

Re: State of San Andreas v. Anthon Cerbach

Post by David Vespucci »

Image


Name Change

State of San Andreas v. Anthon Vespucci

To whom it may concern,

Anthon Cerbach has legally changed his name to Anthon Vespucci.

Respectfully,

Image
David Coast
Associate
Bar Certified Attorney
☏ 593-1338

Image
User avatar
Jay Wellberg
Posts: 268
Joined: 29 Jun 2022, 18:45
ECRP Forum Name: Chilo
Discord:

Re: State of San Andreas v. Anthon Cerbach

Post by Jay Wellberg »

Image


Notification Of Counsel

State of San Andreas v. Anthon Cerbach

To whom it may concern,

I, Jay Wellberg, a Defense Attorney with Wood Law, will be representing the Defendant, Anthon Cerbach in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

Respectfully,
Image
Defense Attorney
Wood Law
(909) 2956979

Image
Antonio McFornell
Posts: 1860
Joined: 23 Apr 2022, 22:24
ECRP Forum Name: McFornell
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Antonio McFornell »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF ACTIVATION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A Notice of Activation was entered in the above case on 25thof July, 2024.


The case of the State of San Andreas v. Anthon Cerbach is hereby activated by this Court under #24-CM-0050.

Both the State and Defendant in this case are still awaiting adequate representation. At this time the court will delay the Order for Discovery until adequate representation has been assigned for the Defendant and a State Prosecutor has been assigned to the case and both parties inform the court they are ready to proceed.

In accordance with guidelines set forth by the Supreme Court of San Andreas, this case shall require an in-person trial. Once all pretrial matters have been resolved, a Notice of Scheduling will be issued to arrange an appropriate time for trial.

So ordered,
Image
Superior Court Justice
Director of the San Andreas Bar Association
San Andreas Judicial Branch
(909) 553-8869 — [email protected]
Image
Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

Express your satisfaction or concerns about Judicial Employees and licensed Attorneys.
Commend & Complain
Code of Ethics | Bar Licensing Office | Become an Attorney
State Constitution | Penal Code
User avatar
Terence Williams
Posts: 4094
Joined: 26 May 2023, 19:02
ECRP Forum Name:
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Terence Williams »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach

A Notification of Counsel was filed in the above case on 28/JUL/2024.


I, Terence Williams, Acting Attorney General of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.

Image
Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]
Image
Andrew Cuttings
Posts: 187
Joined: 09 Feb 2024, 20:17
ECRP Forum Name: Ajc33
Discord:

SAJB Awards

LSEMS Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Andrew Cuttings »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach

A Notification of Counsel was filed in the above case on 01/AUG/2024.


I, Andrew Cuttings, Prosecuting Attorney of the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Co-Counsel alongside the Primary, Terence Williams and will await further instruction from the Presiding Judge.

Image
Junior Attorney
San Andreas Judicial Branch
(909) 528-7107 — [email protected]
Image
Antonio McFornell
Posts: 1860
Joined: 23 Apr 2022, 22:24
ECRP Forum Name: McFornell
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Antonio McFornell »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ORDER FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A court order was entered in the above case on the 1st of August, 2024.


The prosecution is hereby ordered to provide all evidence collected from the arresting Law Enforcement Agency and submit it to the Court via Motion for Discovery within seven days. If additional time is needed, the prosecution can file a Motion for Continuance.

Once evidence has been submitted to the official docket the defense can begin filing motions.

So ordered,
Image
Superior Court Justice
Director of the San Andreas Bar Association
San Andreas Judicial Branch
(909) 553-8869 — [email protected]
Image
Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

Express your satisfaction or concerns about Judicial Employees and licensed Attorneys.
Commend & Complain
Code of Ethics | Bar Licensing Office | Become an Attorney
State Constitution | Penal Code
Daniel Carmello
Posts: 698
Joined: 08 Jun 2024, 22:10
ECRP Forum Name: itscombofr
Discord:

SAJB Awards

SADOC Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Daniel Carmello »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach

A Notification of Counsel was filed in the above case on 01/AUG/2024


I, Daniel Carmello, a Defense Attorney with the San Andreas Judicial Branch, will be representing the defendant, Anthon Cerbach, in the underlying case.

I will be taking the responsibility of Co-Counsel and will await further instruction from the Presiding Judge.



Junior Defense Attorney
San Andreas Judicial Branch
(909) 323-9782 — [email protected]
Image
Image
Carmello's Consults
Founder
October 2024 - Present
Department of Corrections
Correctional Officer I
Human Resources Support - K9 - Correctional Services
June 2024 - November 2024
User avatar
Terence Williams
Posts: 4094
Joined: 26 May 2023, 19:02
ECRP Forum Name:
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Terence Williams »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A Motion for Discovery was filed in the above case on the 6th of August, 2024.


The State of San Andreas, by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;


  • Exhibit#1: Arrest report - Anthon Cerbach, 10/FEB/2024

    Please note that the arrest report includes a timestamp of who and when the arrest report was submitted to account for the clerical error within the original report which states the incident occurred on the 8th of February when it in fact took place on the 10th of February. This is further corroborated by the body-cam footage and witness statements supplied.
    Mikael Cowell wrote: 10 Feb 2024, 18:08 Image
    Image

    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"


    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Anthon Cerbach
        Phone Number: 5951420
        Licenses Suspended: No
        Officers Involved:
        • Police Detective I Mikael Cowell
        Charges:
        • GF10 - Grand Theft
        • GF15 - Burglary
        • Attempted GM05 - Receiving Stolen Property
      INCIDENT NARRATIVE
      • Incident Date: 08/FEB/2024

        Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • Arrested at the conclusion of a GND, was observed robbing a house and arrested when he had carried the stolen items in to the pawn shop to sell them.

          Legal items stored at Mission Row, all illegal evidence destroyed.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: 15x Scratched Furniture (worth approx. 21k)
          Exhibit B: 12x Packed Money (worth approx. 36k)
          Exhibit C: 2x Speakers
          Exhibit D: 1x Drill
          Exhibit E: 1x Bolt Cutter


          Legal Possessions:
          Exhibit A: 1xRadio
          Exhibit B: 1xKnife

          Photograph of Possessions (MANDATORY)
          Image
    Image
  • Exhibit #2: Witness Statement - Police Detective I Mikael Cowell
    Image

    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Case Number: State of San Andreas v. Anthon Cerbach
      Incident Date: 10/FEB/2024
    Witness Information
    • Name: Mikael Cowell
      Date of Birth: 23/AUG/1995
      Phone Number: Redacted
      Occupation: Gang Detective, LSPD
    Witness Statement
    • During the 10/FEB/2024, I myself, Detective Cowell with the Gangs and Narcotics Division was conducting an investigation to Mr. Cerbach. I had knowledge of his location prior and was monitoring his movements.

      I witnessed him carrying items from the inside of a mansion, to his semi-truck parked on the road. Preliminary investigation had already given reason to suspect this might be a burglary in progress. At this time, I called for Detective Kayne and an AIR unit to be on standby.

      I decided not to intervene immediately, but stayed back. Once he left the house, I had a helicopter track all his movements. As he headed into the pawn shop, I decided to intervene. I called for Detective Kayne to check out if the house appeared broken int to. After a short moment I got confirmation from him that the owner is missing items. I conducted a full search on his person due to the ongoing investigation, I did that and discovered multiple stolen items in his possession.

      It was confirmed that he had indeed stolen the items from the earlier mentioned mansion and with him entering the pawn shop with the stolen items and dropping the crate next to the desk, I decided to apply the attempted GM05.

      According to the penal code;
      Buying, receiving, concealing, selling stolen property.
      The person entered the pawn shop with the stolen property, which leads a reasonable person to believe that he is attempting to sell said stolen property.
    Witness Affirmation
    • I, Mikael Cowell, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

      Image
      Police Detective I Mikael Cowell
      Gang and Narcotics Division
      Los Santos Police Department
      Date: 24/MAR/2024
    Image
  • Exhibit #3: Bodycam footage - Handling of evidence
    Bodycam footage
    Image
    Image
    ((Proof of RP))
    Image
    Image
Image
Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]
Andrew Cuttings
Andrew Cuttings
Junior Prosecuting Attorney
San Andreas Judicial Branch
(909) 528-7107 — [email protected]
Image
User avatar
Jay Wellberg
Posts: 268
Joined: 29 Jun 2022, 18:45
ECRP Forum Name: Chilo
Discord:

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Jay Wellberg »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR CONTINUANCE


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. nthon Cerbach
24-CM-0050

A Motion for Continuance was filed in the above case on the 8th of August, 2024.


Defendant, Anthon Cerbach, by and through the undersigned attorney, filed this Motion for Continuance, and the reasoning for request is as follows;


  • Reasoning: 24 Hour continuance to finalize mostion.
    • Detailed Explanation: The Defense is requesting a 24-hour continuance to finalize motion that will be posted on the docket.




Image
Public Defense Attorney
San Andreas Judicial Branch
(909) 2956979 — [email protected]
Image
User avatar
Jay Wellberg
Posts: 268
Joined: 29 Jun 2022, 18:45
ECRP Forum Name: Chilo
Discord:

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Jay Wellberg »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION TO SUPPRESS


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Defendant
#24-CM-0050

A Motion to Suppress was filed in the above case on the 10th of August, 2024.


The Defendant, Anthon Cerbach , by and through the undersigned attorney, filed this Motion to Suppress, and requests to following be suppressed from evidence;


  • Exhibit#1: Arrest report - Anthon Cerbach, 10/FEB/2024
    Specifically, the Highlighted sections:
    Exhibit#1: Arrest report - Anthon Cerbach, 10/FEB/2024

    Please note that the arrest report includes a timestamp of who and when the arrest report was submitted to account for the clerical error within the original report which states the incident occurred on the 8th of February when it in fact took place on the 10th of February. This is further corroborated by the body-cam footage and witness statements supplied.
    Mikael Cowell wrote: 10 Feb 2024, 18:08 Image
    Image

    Los Santos Police Department

    ARREST REPORT
    "TO PROTECT AND TO SERVE"


    MUGSHOT
    • SUSPECT DETAILS
      • Full Name: Anthon Cerbach
        Phone Number: 5951420
        Licenses Suspended: No
        Officers Involved:
        • Police Detective I Mikael Cowell
        Charges:
        • GF10 - Grand Theft
        • GF15 - Burglary
        • Attempted GM05 - Receiving Stolen Property
      INCIDENT NARRATIVE
      • Incident Date: 08/FEB/2024

        Explain what happened, sufficient detail must be given to justify the placed charges, videos could be provided.
        • Arrested at the conclusion of a GND, was observed robbing a house and arrested when he had carried the stolen items in to the pawn shop to sell them.

          Legal items stored at Mission Row, all illegal evidence destroyed.
      EVIDENCE DETAILS
      • Document the possessions confiscated from the arrested suspect.
        Possessions are to be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Legal possessions that can be categorized may be grouped, eg. "Clothing" to describe all clothing items. Body camera footage/pictures may be attached as an evidence exhibit.

        Where possible, the serial number of each firearm seized as evidence should be noted.
        • Illegal Possessions:
          Exhibit A: 15x Scratched Furniture (worth approx. 21k)
          Exhibit B: 12x Packed Money (worth approx. 36k)
          Exhibit C: 2x Speakers
          Exhibit D: 1x Drill
          Exhibit E: 1x Bolt Cutter



          Legal Possessions:
          Exhibit A: 1xRadio
          Exhibit B: 1xKnife

          Photograph of Possessions (MANDATORY)
          Image
    Image
    Lack of Foundation
    In the arrest report, it mentions that Anthon Cerbach "was observed robbing a house," we request that this section be suppressed due to the lack of foundation. The arrest report fails to outline how the officer came to the conclusion that the defendant was "robbing a house". There is no explanation of the officer's observation, the context of their surveillance, or any specific actions that led them to conclude without speculation that a robbery was occurring.

    Further in the statement, the arrest report also states, that the defendant "carried the stolen items into the pawn shop to sell them." This statement too lacks foundation, as it presumes that the items were stolen, without providing any evidence or context to support this assumption. The arrest report and the following two exhibits, do not show how the officers came to the conclusion that the items were stolen or what led them to believe that the items were stolen. Without this, the assertion that the items were stolen is speculative and should be considered insufficient to justify the following actions taken by the officers
    .
    Exhibit #2: Witness Statement - Police Detective I Mikael Cowell
    Specifically, the Highlighted section:
    Exhibit #2: Witness Statement - Police Detective I Mikael Cowell
    Image

    San Andreas Judicial Branch
    Official Witness Statement
    "HERE FOR YOU | SAFE FOR YOU"
    Case Information
    • Case Number: State of San Andreas v. Anthon Cerbach
      Incident Date: 10/FEB/2024
    Witness Information
    • Name: Mikael Cowell
      Date of Birth: 23/AUG/1995
      Phone Number: Redacted
      Occupation: Gang Detective, LSPD
    Witness Statement
    • During the 10/FEB/2024, I myself, Detective Cowell with the Gangs and Narcotics Division was conducting an investigation to Mr. Cerbach. I had knowledge of his location prior and was monitoring his movements.

      I witnessed him carrying items from the inside of a mansion, to his semi-truck parked on the road. Preliminary investigation had already given reason to suspect this might be a burglary in progress. At this time, I called for Detective Kayne and an AIR unit to be on standby.

      I decided not to intervene immediately, but stayed back. Once he left the house, I had a helicopter track all his movements. As he headed into the pawn shop, I decided to intervene. I called for Detective Kayne to check out if the house appeared broken int to. After a short moment I got confirmation from him that the owner is missing items. I conducted a full search on his person due to the ongoing investigation, I did that and discovered multiple stolen items in his possession.

      It was confirmed that he had indeed stolen the items from the earlier mentioned mansion and with him entering the pawn shop with the stolen items and dropping the crate next to the desk, I decided to apply the attempted GM05.

      According to the penal code;
      Buying, receiving, concealing, selling stolen property.

      The person entered the pawn shop with the stolen property, which leads a reasonable person to believe that he is attempting to sell said stolen property.
    Witness Affirmation
    • I, Mikael Cowell, affirm that the above statement is true to the best of my knowledge and belief. I affirm that this statement has been made voluntarily, made without promise of reward, and made not under threat, force, or coercion. ((I affirm that all information submitted has been obtained via In-Character means.))

      Signed,

      Image
      Police Detective I Mikael Cowell
      Gang and Narcotics Division
      Los Santos Police Department
      Date: 24/MAR/2024
    Image
    In the statement, he stated, "After a short moment I got confirmation from him that the owner is missing items,". Again, this statement lacks foundation. Nowhere has he detailed how the items were confirmed as stolen. He provides no detail on who confirmed it was stolen, how this information was provided to him or the nature of the evidence that led to this conclusion.

    The Fourth Amendment guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It prohibits law enforcement officers from performing searches on individuals without a warrant.

    Detective Cowell's decision to perform a full search of the defendant Is a breach of his Fourth Amendment right as there was no probable cause to do so. The search was conducted without sufficient evidence directly linking Cerbach to the alleged theft, rendering the search unreasonable and unconstitutional.

    Exhibit #3: Bodycam footage - Handling of evidence
    The footage and any evidence resulting from the illegal search of the Defendant's person.


    The lack of a solid foundation for the confirmation of stolen items directly impacts the legality of the search. Without a valid basis for probable cause, the search cannot be deemed lawful. Evidence obtained through a violation of the Fourth Amendment is inadmissible in court, therefore this should be inadmissible also.

    As the statement regarding the confirmation of stolen items lacks substantive detail, it further supports the argument that the search was conducted without proper reason. Consequently, any evidence discovered as a result of this unlawful search, including statements and physical items, must be suppressed.



Image
Public Defense Attorney
San Andreas Judicial Branch
(909) 2956979 — [email protected]
Image
User avatar
Terence Williams
Posts: 4094
Joined: 26 May 2023, 19:02
ECRP Forum Name:
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Terence Williams »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR CONTINUANCE


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A Motion for Continuance was filed in the above case on the 10th of August, 2024.


The State of San Andreas, by and through the undersigned attorney, filed this Motion for Continuance, and the reasoning for request is as follows;


  • Reasoning: Gathering new evidence
    • Detailed Explanation: The Prosecution is asking for a continuance of seven (7) days to further investigate the incident and gather new evidence.
      ((This request is made following the recent decision by staff to void an exhibit. We would like a chance to go through Alt-RP to re-do the RP that was voided.))




Image
Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]
Image
Antonio McFornell
Posts: 1860
Joined: 23 Apr 2022, 22:24
ECRP Forum Name: McFornell
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Antonio McFornell »

Image


San Andreas Judicial Branch
Superior Court of San Andreas

"EQUAL JUSTICE UNDER LAW"

  • Parties,

    The Court has been made aware of the reasons for the continuance having not ceased. With that in mind, the Court will allow a final 5-day continuance from the moment this notice is published.

    Best regards,

    Image
    Superior Court Justice
    Director of the San Andreas Bar Association
    San Andreas Judicial Branch
    (909) 553-8869 — [email protected]
Image
Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

Express your satisfaction or concerns about Judicial Employees and licensed Attorneys.
Commend & Complain
Code of Ethics | Bar Licensing Office | Become an Attorney
State Constitution | Penal Code
User avatar
Terence Williams
Posts: 4094
Joined: 26 May 2023, 19:02
ECRP Forum Name:
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Terence Williams »

Image



San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A Motion for Voluntary Dismissal Without Prejudice was filed in the above case on the 25th of August, 2024.


The State of San Andreas, by and through the undersigned attorney, filed this Motion for Voluntary Dismissal Without Prejudice, and the reasoning for request is as follows;


  • Reasoning: Misplaced evidence
    • Detailed Explanation: Critical evidence has been lost and the Prosecution does not wish to prosecute with current discovery.



Image
Terence Williams
Acting Attorney General
San Andreas Judicial Branch
(909) 234-9321 — [email protected]
Image
Antonio McFornell
Posts: 1860
Joined: 23 Apr 2022, 22:24
ECRP Forum Name: McFornell
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Antonio McFornell »

Image


San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

COURT DECISION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A decision was reached in the above case on the 25th day of August, 2024.


Motion & Arguments
The prosecution filed a Motion for Voluntary Dismissal without Prejudice on August 25th, 2024. The reasoning behind said request stated that the Office of the Attorney General considers that critical evidence had been lost, and they did not wish to prosecute with the current discovery.

Considerations
The Superior Court affirms, as once decided on #24-CM-0021, State v. Wolff, that allowing the prosecution to dismiss without prejudice an already initiated case on the basis of having insufficient evidence exposes the defendant to an excessive, unlimited or otherwise uncontrolled degree of interference against their constitutional rights by the State, and thus ignores the constitutional prohibition of double jeopardy.

The Court believes that any arrest is covered by a presumption of legality, and thus, the Court believes it to be reasonable that agencies have sufficient evidence on the date that they perform an arrest. The Court considers that allowing the current motion would make the defendant face a burden that they are not legally bound to.

The Prosecution's or the police's mismanagement of evidence does not allow the Court to tolerate the prolongation of a defendant's case, particularly because, citing the previous case:
At the time of levying these charges, it is presumed that the LSPD possessed evidence supporting the arrest. Any further delay in this case becomes increasingly untenable.


In the absence of evidence against a defendant, the charges levied against them must follow the fate of the evidence -the main element to support any arrest-. In other words, in the absence of evidence, there must be an absence of punishment. The Court cannot be willing to contribute to the unjustified prolongation or prosecution of circumstances or facts lacking evidence, specially when the Prosecution had been granted ample time to produce discovery and two continuances.

Decision
Considering the points outlined above, the Court rejects the Motion for Voluntary Dismissal without Prejudice presented by the State. In turn, the Court would allow said motion with Prejudice, however, this is a decision that can only be taken by the State.

So ordered,
Image
Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch
(909) 553-8869 — [email protected][/list]
Image
Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

Express your satisfaction or concerns about Judicial Employees and licensed Attorneys.
Commend & Complain
Code of Ethics | Bar Licensing Office | Become an Attorney
State Constitution | Penal Code
User avatar
Terence Williams
Posts: 4094
Joined: 26 May 2023, 19:02
ECRP Forum Name:
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Terence Williams »

Image

San Andreas Judicial Branch

Docket Notice
"HERE FOR YOU | SAFE FOR YOU"

  • Honorable Judge McFornell and pertaining parties,

    The Prosecution will take the court's decision into advisement and agree to the altered motion.

    Regards,
    Image
    Terence Williams
    Acting Attorney General
    San Andreas Judicial Branch
    (909) 234-9321 — [email protected]
Image
Antonio McFornell
Posts: 1860
Joined: 23 Apr 2022, 22:24
ECRP Forum Name: McFornell
Discord:

SAJB Awards

Re: #24-CM-0050, State of San Andreas v. Anthon Cerbach

Post by Antonio McFornell »

Image


San Andreas Judicial Branch
Superior Court of San Andreas

"EQUAL JUSTICE UNDER LAW"

ISSUANCE OF VERDICT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Anthon Cerbach
#24-CM-0050

A decision was reached in the above case on the 5th day of September, 2024.


The case of #24-CM-0050, State of San Andreas v. Anthon Cerbach has been resolved.

A Motion for Voluntary Dismissal with Prejudice has been filed by the Prosecution and accepted by the Court.

It is with the above considerations that I issue the following verdict:
  • On the count of GF10 - Grand Theft, I find the defendant, Anthon Cerbach, not guilty.
  • On the count of GF15 - Burglary, I find the defendant, Anthon Cerbach, not guilty.
  • On the count of Attempted GM05 - Receiving Stolen Property, I find the defendant, Anthon Cerbach, not guilty.

The defendant shall be entitled to compensation in the amount of $27,500. This compensation can be handled at Rockford Hills City Hall by a qualified judge.

So ordered,
Image
Associate Justice
Supreme Court of San Andreas
San Andreas Judicial Branch
Image
Antonio José McFornell
Retired Supreme Court Justice
Retired Director of the San Andreas Bar Association
Retired Chairman of the Bar Ethics Review Board

Express your satisfaction or concerns about Judicial Employees and licensed Attorneys.
Commend & Complain
Code of Ethics | Bar Licensing Office | Become an Attorney
State Constitution | Penal Code
Locked

Return to “SAJB - Archived Formal Criminal Cases”

Who is online

Users browsing this forum: Yandex [Bot] and 7 guests