[PRESS RELEASE #7] The Role of the Prosecution

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Colt Daniels
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[PRESS RELEASE #7] The Role of the Prosecution

Post by Colt Daniels »

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San Andreas Judicial Branch

The Role of the Prosecution
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  • Citizens of San Andreas,

    Following a successful press conference earlier today regarding the new role our prosecutors will be having within the state I am going to provide a transcript of the announcement so anyone who is interested in reading it can, and those who could not make it can still receive the information. Once again a thanks for the Los Santos Police Department, San Andreas Department of Corrections and the Weazel Entertainment News Network for being in attendance and making this whole thing possible. As always we look forward for what is to come in the future.
    Press Conference Transcript, Chief Justice Daniels wrote:
    Hello Ladies and Gentlemen, thank you all for being here today. I’d like to start off by thanking the members of the Department of Corrections, Los Santos Police Department, and Weazel Entertainment News Network for being here and helping to ensure this press conference runs smoothly and the information can reach many citizens of our great state.

    With the recent appointment of San Andreas’ head prosecutor, Attorney General Hugh R. Allgood, the San Andreas Judicial Branch would like to begin rolling out additional responsibilities for the members of the Prosecution Division in order to more effectively represent the State of San Andreas during criminal cases brought before the court system.

    For context, the role of a Prosecutor in a criminal trial is to argue on behalf of the State of San Andreas and must prove, beyond a reasonable doubt, that the defendant engaged in conduct that was in violation of the State of San Andreas Penal Code.

    As such, Prosecuting Attorneys in the State have the authority to work closely with the appropriate law enforcement agencies in order to build up their case against the defendant in criminal court. This would apply in situations such as participating in legal questioning of a suspect to determine if charges can and should be pursued, and for investigatory purposes in conjunction with a law enforcement agency prior to the placing of charges.

    Furthermore, Prosecuting Attorneys in the State now have the ability and authorization to open cases against individuals that have not yet been officially charged with a crime by law enforcement in addition to having the authority to act in conjunction with law enforcement agencies in the pursuit of criminal charges.

    Following this change, courtroom procedures will largely remain the same however preliminary proceedings for cases that come about in this manner will be different. First and foremost, for any case brought to the court by a prosecutor, the Attorney General will need to sign off on what is called a criminal complaint - this complaint is a preliminary charging document submitted by the state alleging that a person has committed a specified offense.

    Once the Attorney General signs off on the complaint, it will get sent to a Judge or Justice working within the Superior Court. If the judge believes that probable cause has been established, they will then file an indictment, which brings us into the second step of the preliminary proceedings.

    An indictment is filled onto the public docket by the judge presiding over the case. The judge will give the case a docket number and the indictment will outline who the defendant is and what crimes the state alleges they have committed. Attached to the indictment will be a Notice to Appear, issued by the court, outlining a specific timeframe in which the defendant must either come to the courthouse for arraignment, or contact the presiding judge to make arrangements.

    If the defendant fails to do so, the courts will issue a detainer for the defendant. This will notify law enforcement within the state that the defendant is wanted by the court to answer for the crimes alleged against them. Once in custody of law enforcement, they will be brought to the courthouse for the arraignment.

    This brings us to the third and final stage of the preliminary proceedings. As some of you already know, about two weeks ago, we conducted the State’s first arraignment for the case of #22-CM-0015, the State of San Andreas v. Sophia Falcone. The court found Ms. Falcone guilty of 32 charges and sentenced her to life in prison without the possibility for early release or parole. With that being the very first within the state, we were able to iron out any issues and have come to what we believe the best way to host these will be.

    During an arraignment, the judge, the prosecutor working the case, and the defendant will be present. The judge will outline the crimes alleged against the defendant and ask the prosecutor what punishment the state is seeking for each charge. The defendant then has 3 choices on how they wish to plead to the alleged crimes.

    A plea of GUILTY indicates to the court that the defendant confirms their guilt of the alleged conduct that was in violation of Penal Code. If the defendant pleads guilty, the charge and fines will be placed on their record and will begin serving their sentence immediately following the proceeding.

    A plea of NOT GUILTY indicates to the court that the defendant disputes the charges being filed against them. If the defendant pleads not guilty, they will be released pending trial for the crimes alleged.

    A plea of NO CONTEST is similar to that of a guilty plea, but indicates to the court that the defendant accepts the conviction, with the exception of avoiding a factual admission of guilt. If the defendant pleads no contest, the charge and fines will similarly be placed onto their record and they will begin serving their sentence immediately following the proceeding.

    If the defendant wishes to exercise their right to remain silent during the arraignment, the court will enter a default plea of not guilty on their behalf.

    Like stated previously, with a plea of guilty or no contest the defendant will be found guilty of the crimes alleged and will then be transported to the Department or Corrections to serve their time effectively ending the case. However with a plea of not guilty, the defendant will be released pending trial.

    If a plea of not guilty is entered to the court, a public defender will be assigned to the case and an order for discovery will be submitted to the docket, opening the case as usual.

    With this additional authority, the San Andreas Judicial Branch wants to assure the public that all of our attorneys, both prosecution and defense, acting within the State have a number of responsibilities and obligations that must be adhered to while conducting their duties.

    Each one of our attorneys is bound by their Oath of Office and is required to abide by the Code of Ethics, which outlines the conduct expected of them and prohibits conduct that would violate any laws or regulations as set forth by the San Andreas Judicial Branch.

    In conclusion, the San Andreas Judicial Branch is affirming the authority of our Prosecuting Attorneys in their efforts to convict citizens of the State that violate the laws that we all must abide by.
    Respectfully,

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    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]

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    Associate Justice
    San Andreas Judicial Branch
    (909) 257-9183 — [email protected]
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