Self Representation - General Information

[Hope Kant]

San Andreas Judicial Branch
Self Representation Database

General Information

1. Attorney-Client Privilege
2. Three Court System
3. The Docket
4. Motions Hearings / Criminal Trials
5. Bench Trials
6. On-The-Spot Bench Trials
7. Docket Trials

[Hope Kant]

As outlined in the Code of Ethics, Attorney-Client privilege exists to ensure the client can be completely honest with their attorney to best facilitate quality representation based on all the facts available. If a client cannot be honest with their attorney, the defense runs the risk of unexpected surprises from the prosecution that you, as their attorney, were unable to predict.

This privilege applies to all documents, recordings, computer data, pictures, and similar materials and deposits kept in the attorney's office and it renders all of this inadmissible as evidence at trial. Both prosecution and defense are held to this standard and must keep confidential information to themselves at all times unless exceptions apply.

There are very few exceptions where Attorney-Client Privilege would not apply to communications with or about your client, and they are as follows:

1. Upon clear consent of the client,
2. If it is necessary for the defense of the attorney,
3. If it is necessary to justify the attorney's decision to withdraw from defending the client, or
4. In circumstances where the attorney's "duty to protect" outweighs the privilege afforded to the client.

This duty to protect allows an attorney to disclose what would be confidential conversations if they reasonably believe it is necessary to prevent reasonably certain death or substantial bodily harm to another person. Threats of these types should be taken very seriously and should be reported to a superior and law enforcement to ensure the proper protections are put in place for the subject of the threat.

[Hope Kant]

The San Andreas Judicial Branch is separated into three distinct courts: the Superior Court of San Andreas, the San Andreas Court of Appeals, and the Supreme Court of San Andreas. Each court has its own requirements on how cases are accepted and handled, with cases first being heard in the Superior Court, decisions from the Superior Court may be appealed to the Court of Appeals, and an appeal of a decision from the Court of Appeals may be made to the Supreme Court.

The Superior Court of San Andreas is the trial court that members of the public will interact with most often. The Superior Court has what is called "Original Jurisdiction" in the majority of situations, meaning they are the lowest court that hears the case first, with the Superior Court being where a traditional trial for both civil and criminal cases are held.

If a judge presiding in a Superior Court case makes a decision in the trial court that one party is not happy with, that party can submit an appeal of the decision in the San Andreas Court of Appeals. Not every decision is appealable, however, as the Double Jeopardy rule states, a citizen may not be placed in jeopardy of life or limb twice for the same offense, meaning that only the defendant may appeal a decision made after the issuance of the verdict.

When a specific decision made by a judge in the Superior Court is disputed by one of the parties, they may bring it to the Court of Appeals. The Court of Appeals is intended to only hear disputed decisions from the lower court and, as such, this court has what is known as Appellate Jurisdiction.

Typically, the decisions that are appealed to the Court of Appeals are ones involving motions. For example, if I were to deny a specific Motion to Suppress that you believe should be granted and you have a legal basis for believing so, then you may post that decision to the Court of Appeals and file a Motion to Stay Pending Appeal in the original case to let me know that the decision is being reviewed by the Court of Appeals.

The Court of Appeals will then review only the information regarding the Motion to Suppress and then will either:

• Affirm the decision made by the Superior Court Judge
• Reverse the decision made by the Superior Court, passing the case back down to the Superior Court with the only change being the new decision
• Reverse the decision made by the Superior Court, but then ordering a new trial with a new judge

The above circumstances apply when a decision on a motion is appealed, however, if you would like to appeal a verdict on a case, you must file it within 72 hours of the verdict's issuance. All appeals must have a legal basis for the appeal:

• There were errors in the trial's procedure
  OR
• There were errors in the Judge's interpretation of the law
  OR
• New evidence has come to light proving the defendant's innocence

The Supreme Court of San Andreas is the court of highest authority within the State. All decisions made by the Supreme Court are binding to all lower courts and cases brought to the Supreme Court have the chance to overturn a ruling made in the Court of Appeals.

The Supreme Court requires that the case originate in the Superior Court, then a specific decision has already been appealed to the Court of Appeals, and then the decision may be brought to the Supreme Court.

The biggest difference in the Supreme Court is that the court is not required to take on any cases. As such, most of the time, the decision made in the Court of Appeals is likely the final decision on the matter because only a select few ever are accepted to be heard by the Supreme Court.

A case must pass several layers of checks before the Supreme Court even takes on the case:

• Petition
  • The petition asks both parties why the court should even hear the case - not about why the court should rule in their favor, but rather, why the decision in the Court of Appeals is not sufficient and the potential impacts that may occur from that decision.
• Merits Brief
  • If the petition is granted, then parties are permitted to submit arguments as to why the court should rule in their favor - this is where the main points of the decision should go.
• Oral Arguments
  • Should the court require so, a hearing will be scheduled so that all parties with an interest in the case may present oral arguments to the court why they should rule in a specific way.
• Deliberation and Decision
  • The court will then adjourn and will discuss the case, determining any impacts that may result from the decision and otherwise weight each parties case.
  • After a decision has been made, the decision will be either:
    • Affirmed and passed back down to the lower court to resume the trial
    • Reversed and passed back down to the lower court to resume the trial with the new decision in place
    • Reversed with new instructions on how to proceed, including but not limited to a new judge on the case

[Hope Kant]

In the Superior Court, a criminal case may be initiated in one of two ways:

1. A defendant or defense counsel on behalf of the defendant disputing charges that they have already served their sentence for
2. The Prosecution Division can pursue charges that will result in courtroom proceedings prior to the serving of any applicable sentence. This is called an indictment.

The first post submitted to the Criminal Court section of the Superior Court creates the thread, which is referred to as the "Public Docket" for that case. The Public Docket is considered to be the living document of a case, including all of the information that has been formally presented to the presiding judge on the case. Please be aware that as the Public Docket is the living document of the case, there should be no editing of submissions to the thread, except for minor changes to formatting or small fixes that are made very shortly after submission. Should the need arise, another submission should be made to clarify things previously stated.

The docket process typically follows this chain of events:

1. Defendant/defense attorney submits a criminal case submission form.
2. A judge or justice will review the case to make sure it falls within our requirements. If it does, the judge or justice will post a Notice of Receipt.
   • The Superior Court does not accept submissions 7 days outside of the charge date.
   • The Superior Court will not accept cases consisting only of citations. The Judicial Branch will also NOT review citations in general as they are considered under the per-view of the LSPD and LSSD.
3. The Bench Trial will be activated and an Order for Discovery will be posted. It is at this point that a judge will assign the case a number: #25-BT-####.
4. Prosecution will be given 30 days to present their Motion for Discovery, Motion for Continuance, or face the decision of the judge on the outcome of the case.
5. Defense and prosecution will begin to work on the case by speaking with each of their respective parties. They will evaluate the case and decide whether or not it would be suitable for a Formal Criminal Trial.

Once the bench trial is scheduled, all parties must arrive early and professionally dressed. All parties includes the defendant and individuals in the gallery.

1. Prosecution or defense submits a Motion for a Change in Venue.
2. The judge accepts the motion and moves the trial to a formal criminal trial, giving it the #25-CM-#### instead of the #25-BT-####.
3. A check is done on the case to ensure both parties are adequately represented.
4. Discovery phase is initiated and the prosecution is granted a period of 30 days to present evidence or, if need be, request a continuance.
5. Similarly, the defense shall be allotted a period of seven days to present their evidence, analyze the evidence, and submit a Motion to Suppress or any evidence they may have collected. Should additional time be required, the defense may submit a Motion for Continuance.
   • There should be NO back and forth on the docket regarding motions. This will all be done in person at a motions hearing.
6. The judge will schedule a motions hearing.
7. The judge will post the verdict from the motions hearing and post a notice for scheduling the trial.
8. The trial is scheduled.

Once the formal criminal trial is scheduled, all parties must arrive early and professionally dressed. All parties includes the defendant and individuals in the gallery.

[Hope Kant]

Motions that will be considered at a motions hearing:

• Motion for Discovery: The prosecution will present each exhibit, state the reasoning behind it's inclusion. The defense will be given the chance to object to any exhibit. If the objection is sustained by the judge, the information will be struck from the docket. In the event the defense is presenting their own exhibits, the prosecution will be given the same chance to object.
• Motion for Suppression: The defense or prosecution may motion to suppress a piece of evidence due to an alleged illegal search or seizure, violation of Miranda rights, improperly obtained evidence/confessions, or other qualifying factors as determined by the judge on the case.
• Involuntary Motion for Dismissal: (Voluntary Motions for Dismissal will be handled on the docket) The defense may file a forced dismissal due to crucial evidence necessary for the probable cause of the charges being successfully suppressed or any alleged lack of probable cause.
• Motion to Compel Discovery: This motion is filed when one party believes the opposing party has not provided requested evidence or information that is required by law (discovery). It asks the court to compel the opposing party to provide the requested materials.
• Subpoenas: Requested by an attorney to compel the appearance of a witness or the production of evidence from a third party. These can be documents or witness statements, but can be contested due to the request being unreasonable or a violation of rights.
• Motion to Quash: Filed to challenge the legality or scope of a subpoena (a court order requiring a person to produce documents or testify as a witness).

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Additional Information:
Defendants are NOT required to attend motions hearings. Prosecution and defense will debate each motion that was submitted on the docket prior to the hearing, and based on discretion, the judge may opt to hear a motion submitted during the hearing. Courtroom decorum must still be maintained and proper attire worn by all parties.

A formal criminal trial is a legal process within the judicial system designed to adjudicate accusations of criminal wrongdoing. All defendants, unless presenting official documentation to the courts via a Notice of Appearance must appear in court alongside their attorney.

Formal criminal trials typically involve several key stages:

1. Pre-Trial Conference: 10-15 minutes before the trial is to convene all parties will meet in chambers to discuss the process of the up-in-coming trial and any unresolved matters before trial begins.
2. Opening Statements: After a basic introduction to the courts from the judge or justice, both the prosecution and defense present their opening statements to the judge or justice. These statements outline what each side intends to prove during the trial.
3. Presentation of Evidence or Case-in-chief: The prosecution presents evidence, including witness statements, documents, and physical evidence, to establish the defendant's guilt beyond a reasonable doubt. The defense has the opportunity to cross-examine the evidence and present its own evidence in support of the defendant's innocence.
4. Examination of Witnesses: The point in a criminal trial where both the prosecution and defense have the opportunity to question individuals who have information relevant to the case. There are two main types of examination: direct examination and cross-examination.
5. Closing Arguments: After all evidence has been presented, both sides make closing arguments summarizing their case and attempting to persuade the judge or justice to render a verdict in their favor.
6. Deliberation and Verdict: The judge or justice will recess to chambers for a time until reaching a verdict. Once the verdict has been reached the judge or justice will return to the courtroom and deliver the verdict to the people and involved parties.
7. Appeals (if applicable): Following a conviction, the defendant may have the right to appeal the verdict or sentence the court of appeals, alleging errors in the trial process or legal rulings that affected the outcome. There is also a possibility to appeal a judge's or justice's decision prior to the verdict, if either party disagrees with the ruling on a motion.

Throughout the trial, both the prosecution and defense are bound by rules of evidence and procedure designed to ensure fairness and protect the rights of the accused. These trials serve as a cornerstone of due process in the San Andreas criminal justice systems, aiming to impartially determine guilt or innocence.

While in the courtroom we must strive to be the most professional we can be as the setting is formal and serious due to the gravity of the proceedings. While court is in session all parties and Judicial Branch members in the audience are expected to observe certain standard:

Dress:

• All parties involved (prosecution, defense, judiciary), must be dressed in formal business attire. This generally includes button down shirts, sport jackets, dress pants/skirt, all professional in color. Jewelry including wristwatches and earrings are permitted in accordance with a professional appearance.

Behavior:

• No eating or drinking while in the confines of the court; a recess will be called should it be needed.
• No weapons, knives or otherwise will be permitted within the court, except by on duty members of law enforcement or otherwise approved by the Chief Justice.
• No smoking, alcohol or otherwise while in the confines of the court.

Speech:

• No targeted foul language in the court; respect must be upheld at all times.
• Whenever addressing the presiding judge or justice you must refer to the as 'Your Honor'.

Failure to meet the standards set by the Judicial Branch during a court proceeding may result in disciplinary action. Please do your best to adhere to all guidance provided.

[Hope Kant]

Bench trials either begin by an attorney or defendant submitting a Motion to Change Venue (to a Bench Trial) or the defendant is contesting a misdemeanor charge. A bench trial at it's most basic definition allows the judge to act as a fact-finder in regards to the legal and procedural issues of the case. Essentially, bench trials allow the judge to focus on the application of the law in regards to the actions committed by the defendant or the wrongdoings in regards to a violation of rights or deviation from specific policies.

• Defendant:
  • Represented by either a defense attorney (private or public) or the defendant themselves. If the defendant is representing themselves, they are more than able to exercise their right to remain silent.
  • Required to appear at court or will face possible fines/jail time.
  • Can suppress evidence at trial via objection and subsequent verbal motion to suppress.
    • Ex: "Objection your honor, the evidence is more prejudicial than probative as it references my defendants criminal past in a way that suggests because he committed previous crimes, he is guilty of this current one. The defense would like to motion or move to suppress this information entirely from the docket."
  • Will look into the proof of the charges, application and wording of the law in regards to the actions of the defendant, compare charges on the arrest report to the record of the defendant in the MDC, etc.
  • Will be responsible for a cross examination of evidence, closing statement, as well as answering possible questions from the judge.
• Prosecution:
  • Represented by a prosecutor from the Judicial Branch, the arresting officer, or a member of the LSPD, LSSD, or SADOC legal division respectively.
  • Will provide the arrest report on the docket and any supporting evidence.
  • Will look at how the evidence applies to the specific charges listed.
  • Will be responsible for providing an examination of evidence statement as well as answering possible questions from the judge.
  • Will be given the option to provide a closing statement.
  • In the event the defense is granted a closing statement, the prosecution will also be allowed one final time to speak as they have the burden of proof in a criminal bench trial.
• Judge:
  • Represented by any qualified member of the judiciary.
  • Will determine the facts of the case. Essentially, this is what they believe actually happened based on the statements, evidence, and responses given by each party.
  • Will apply the relevant laws to the facts they have found and make a legal ruling.

1. Defendant files a criminal case submission like normal.
2. Judges receives and activates the case as long as it meets the Judicial Branch standards for submission.
3. At the same time...
   • Prosecution will review and post the arrest report to the docket as soon as possible. Prosecution will notify the arresting department, that a bench trial is pending and determine who will be representing the State (I.E. A Prosecutor, the Arresting Officer, or a Legal Division Representative from the arresting department). Work with the arresting department to develop a trial strategy.
   • Defense will ensure the defendant has adequate representation (reach out to the defendant and make sure they want a public defender not a private defender). Speak to them about the case and develop a trial strategy. Public defense is not guaranteed as we have a limited amount of attorneys, but the public defense division will do their best to be available to assist on court cases.
4. One or multiple judges will post their availability for the weekend and defendants will be allowed to sign up for time slots.

Note: Notification of Counsel does not need to be posted for bench trials. Bench trials at times may be spur of the moment or assigned to an individual with a very limited amount of time. Taking that into consideration, we are not requiring any party to post a notice that they are taking the case.

Weekly availability will be posted by the judges with hour-long time slots (time subject to change) given to each case. Defendants will be required to sign up for time-slots with alternate first-come-first-serve spaces for individuals willing to wait to see to see if one of the defendants does not show.

Given that law enforcement and prosecution have multiple avenues of representation: arrest report, arresting officer, legal representative of the department, and prosecutor, at their disposal. The courts will be operating off the assumption that if one of the 3 individuals does not show on the day in question, the state is allowing the courts to utilize the prosecutions motion for discovery as the prosecutions alleged probable cause in lieu of State representation.

1. Instead of conferring in chamber prior to trial, the judge will begin by inquiring with both parties to see if there are any matters that still need attending.
2. Any witness will be instructed to remove themselves from the courtroom until called upon. Typically they should stay in the offices that we have when you access the elevator near where we clock in. Does not apply to expert witnesses.
3. The judge will then introduce the case: the docket number, case name, charges of the defendant, etc.
4. The prosecution will begin with the first exhibit of their case-in-chief, they will NOT begin with opening statements. There are NO opening statements in bench trials.
5. The defense will then be given the chance to provide their cross examination of the prosecutions case-in-chief. Check to make sure the prosecution has probable cause for each charge, check to make sure the actions specifically apply to the wording of the charge, etc.
6. After each exhibit has been examined and cross-examined, the judge will have the optional opportunity to ask questions to either party. These statements typically should not be objected to as the judge will be the determining party. If objectionable statements are being made, it is customary for the judge to either ask the defendant to stop or remove the statement from consideration.
7. If any witnesses are requested by either party to appear before the courts, the judge will now request their presence in the courtroom (they should be in a different room, like the elevator offices, instead of in the courtroom). Both parties will be give the chance to examine the witness(es).
8. The prosecution will be given the ability to present their initial closing arguments.
9. The defense will be given the ability to present their closing arguments.
10. The prosecution will be given one final time to speak, as they have the burden of proof in a criminal trial, and are allowed the last refute or notation of evidence.
11. On rare circumstances, and based on time, the defense may give an additional closing statement.
12. In the event the defense has an additional closing statement, the prosecution will be given the same option.
13. The judge will then deliberate and respond with a verdict immediately or take a short recess to determine.
14. Appeals after the verdict are NOT allowed for either party, unless it is the defendant appealing due to new evidence that clearly illustrates their innocence.

[Hope Kant]

On-the-spot bench trials differ from actual trials in that they happen prior to the placing of charges. In lieu of an arrest report, criminal case filings, and docket posts, on-the-spot bench trials allow for an individual to have their case heard at trial immediately. Typically this will have the arresting department showing up with a detained individual either to SADOC or City Hall Court House. These types of trials allow for the most streamlined process available to defendants. They are very similar to the way bench trials work in general, but with minor changes. Please take the time to thoroughly read through each section as their are minor changes throughout for each party.

• Defendant:
  • Represented by either a defense attorney (private or public) or the defendant themselves. If the defendant is representing themselves, they are more than able to exercise their right to remain silent.
  • Will look into the proof of the charges, application and wording of the law in regards to the actions of the defendant, compare charges on the arrest report to the record of the defendant in the MDC, etc.
  • Will be responsible for providing an opening/closing statement as well as answering possible questions from the judge.
  • Can request a final statement, but would be granted based on judge's decision.
• Prosecution:
  • Represented by a prosecutor from the Judicial Branch, the arresting officer, or a member of the LSPD, LSSD, or SADOC legal division respectively.
  • Discusses the case with the arresting department prior to trial.
  • Will be responsible for supporting the arresting department in multiple ways:
    • If the arresting department does not want to speak at trial (unless specifically asked to by the Judge), then the prosecution should support them by forming opening and closing statements.
    • If the arresting department wants to speak during a specific part of the trial (opening, Judge questioning, or closing), the prosecution should support the arresting officer with objections, rebuttals, and speak during the times the arresting department is not comfortable.
    • If the arrest department wants to speak for the opening, judge questioning, and closing, completely. The prosecution should support the arresting officer with objections and rebuttals.
  • In the event the defense is granted a closing statement, the prosecution will also be allowed one final time to speak as they have the burden of proof in a criminal bench trial.
• Judge:
  • Represented by any qualified member of the judiciary.
  • Will determine the facts of the case. Essentially, this is what they believe actually happened based on the statements, evidence, and responses given by each party.
  • Will apply the relevant laws to the facts they have found and make a legal ruling.
  • Will be responsible for noting the items seized by the police in regards to the charges. A court clerk can aid with this task.

An on-the-spot bench trial will see the arresting department calling over the department radio to the Judicial Branch. A Judge, public defender/private attorney, and prosecutor, (as one of each will hopefully be available) meet with their respective parties (the defendant/arresting department) to review the case. Finally, each party will be given around 10-15 minutes to review the case and prepare.

Note: If any party is not available, please page them using the pager given to each employee during orientation.

1. The judge will ask both parties to come to chambers and determine what laws are under review and the name of the defendant on the case
2. The judge will assign the case a docket number.
3. The judge will instruct prosecution to create the docket with their motion for discovery under active criminal cases.
4. The judge will ask either party if they intend to call witness(es) to the stand. If a witness is being called, they MUST wait in the down or up-stairs offices located at the SAJB elevator. Try to have a member of PD or SD remain with them, until called to the stand. Does not apply to expert witnesses.
5. The judge will inform both parties that any suppression will be done at trial via objections.
6. The judge will dismiss both parties from chambers and give them 10-15 minutes to review the case with present company and prepare for trial.
7. The prosecution/defense will alert the judge they are ready to begin and gather in the courtroom.
8. The judge will ask both parties aloud if they are prepared to begin or have any matters that must be resolved prior to starting trial.
9. The judge will ask the defendant how he pleas to the alleged charges one by one. The defendant has three choices: Guilty, Not Guilty, or No Contest.
10. The judge will introduce the case to the courtroom.
11. Prosecution/defense will examine and cross examine each individual piece of evidence.
12. If any witnesses are requested by either party to appear before the courts, the judge will request their presence in the courtroom. Both parties will be give the chance to examine the witness.
13. [OPTIONAL] The judge will ask questions to either party. These statements typically should not be objected to as the judge will be the determining party. If objectionable statements are being made, it is customary for the judge to either ask the defendant to stop or remove the statement from consideration.
14. The prosecution/arresting department will be given the ability to present their initial closing arguments. These statements typically should not be objected to based on professional courtesy.
15. The defense will be given the ability to present their closing arguments. These statements typically should not be objected to based on professional courtesy.
16. The prosecution/arresting department will be given one final time to speak, as they have the burden of proof in a criminal trial, and are allowed the last refute or notation of evidence.
17. On rare circumstances, and based on time, the defense may give an additional closing statement.
18. In the event the defense has an additional closing statement, the prosecution/arresting department will be given the same option.
19. The judge will then deliberate and respond with a verdict immediately or take a short recess to determine.
20. Appeals after the verdict are allowed for either party, but would typically focus on the error in application of the law.

[Hope Kant]

Docket trials are used when all else fails in terms of scheduling and ability to gather properly for either a bench or in-person trial. Essentially a docket trial requires that all arguments, statements, evidence, discussions, objection, etc. occur on the docket. While it does require more work out of those involved, at times it can be the best solution to long-term scheduling conflicts.

1. Prosecution gives opening arguments and a review of the evidence as it pertains to their narrative, all at once. All at once is defined as opening arguments and case and chief review (of both defense and prosecution). This can be done in 72 hours.
2. Defense gives opening arguments and a review of the evidence as it pertains to their narrative, once again all at once. This should be done within 72 hours of Prosecution presenting their opening statement.
3. Without Judge intervention the trial moves on and Prosecution presents their objections to what the defense stated (or they could have no objections), along with the defense presenting their objections to what the Prosecution stated (or they could have no objections). This can be done simultaneously on a 72 hour clock.
4. The Judge rules on the objections with a 72 hour time window.
5. The Prosecution presents their closing arguments. 72 hour window.
6. The Defense gives their closing statements. 72 hour window.
7. If the Prosecution wants to give a final statement, similar to that in court, they may, but it would be optional. If the Prosecution does not respond after 72 hours the Judge can assume they are waiving the right and should move forward with a verdict.