#22-CM-0042, State of San Andreas v. Josh Graham

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#22-CM-0042, State of San Andreas v. Josh Graham

Post by Josh Graham »

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Defendant Name: Josh Graham
Defendant Phone: 3916598
Defendant Address: Weazel Plaza apartment 200
(( Defendant Discord: )) SpoopyJosh#9340
Requested Attorney: Sr. Attorney Tony McFornell
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Charging Department: SD
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Time & Date of Incident(s): 13/07/2022 6pm
Charge(s): Resisting arrest, assault with a deadly weapon, evading, driving with a suspended license, possession of illegal firearm.
Narrative: I was imprisoned for charges I did not commit, and whenever I asked the arresting authorities about my charges, they kept changing their denomination and showing that they were totally unsure as to why I was being arrested. They do not know why I was charged and have no proof of the alleged crimes. I would like all of the charges to be removed from my record and compensated for my time.



I, [Josh Graham ], 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. ))
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Re: State of San Andreas v. Josh Graham

Post by Cyrus Raven »

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San Andreas Judicial Branch

Re: State of San Andreas v. Josh Graham
"HERE FOR YOU | SAFE FOR YOU"

  • To whom it may concern,

    I, Defense Attorney Cyrus Raven, have reached out to the defendant, Josh Graham, via text and email to see if he is interested in continuing with the appeal. I will update the court as soon as I get an answer.

    At this time, I will not be taking this case as primary council until I am able to contact the defendant.



    Respectfully,


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    Public Defense Attorney
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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Judith Mason »

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San Andreas Judicial Branch

Re: #22-CM-0042, State of San Andreas v. Josh Graham
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  • Parties,

    I am Associate Justice Judith Mason and I will be the presiding over this case in my courtroom. At this point in time, I will be assigning this case to docket number #22-CM-0042.

    @Josh Graham, I will be requiring that you make contact with the court within 7 days to confirm that you still intend on moving forward with this case.

    Should Mr. Graham confirm his intention on moving forward, I would ask that @Hugh Allgood assign a prosecuting attorney to represent the State of San Andreas.

    Respectfully,

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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Cyrus Raven »

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San Andreas Judicial Branch

Re: State of San Andreas v. Josh Graham
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  • Honourable Judith Mason

    I, Defense Attorney Cyrus Raven, will be taking primary council. I received a message today by the Defendant announcing his intentions of continuing with the case. I have familiarized myself with the case and am ready to proceed.


    Respectfully,


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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Judith Mason »

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Re: #22-CM-0042, State of San Andreas v. Josh Graham
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  • Attorney Raven,

    Please indicate to the court which charges (with specific timestamps) the defense wishes to dispute - there are eight charges listed on the defendant's record on the 13th of July with only three of them surrounding the provided 6pm timestamp.

    Respectfully,

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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Cyrus Raven »

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San Andreas Judicial Branch

Re: State of San Andreas v. Josh Graham
"HERE FOR YOU | SAFE FOR YOU"

  • Honourable Judith Mason

    The defendant is looking to appeal all eight charges on the 13th of July, as indicated bellow.
    • GM04 - Resisting Arrest (13/07/2022 - 01:27:14)
    • VM02 - Operating a Vehicle with a Suspended License (13/07/2022 - 01:27:14)
    • GM14 - Obstruction of Justice (13/07/2022 - 01:27:14)
    • VF01 - Evading an Officer (13/07/2022 - 01:27:14)
    • GM13 - Criminal Threats of a Gov. Employee (13/07/2022 - 01:42:23)
    • VF01 - Evading an Officer (13/07/2022 - 17:56:22)
    • WM02 - Possession of an Unlicensed Firearm (13/07/2022 - 17:56:22)
    • WF01 - Assault with a Deadly Weapon of a Government Employee (13/07/2022 - 17:56:22)
    Respectfully,


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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Albert Lewis »

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San Andreas Judicial Branch

Re: #22-CM-0042, State of San Andreas v. Josh Graham
"HERE FOR YOU | SAFE FOR YOU"

  • Honourable Judith Mason,

    I, Prosecuting Attorney Albert "Big Al" Lewis, will be primary counsel for the State of San Andreas on this case.

    Respectfully,
    Albert "Big Al" Lewis

    Prosecuting Attorney
    San Andreas Judicial Branch
    (909) 464-6046 — [email protected]
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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Judith Mason »

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San Andreas Judicial Branch

"HERE FOR YOU | SAFE FOR YOU"


#22-CM-0042
Presiding Judge: Judith Mason

ORDER FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Josh Graham
#22-CM-0042

A court order was entered in the above case on 10 August, 2022.


The case of the State of San Andreas v. Josh Graham, #22-CM-0042 is hereby opened and acknowledged by the Court.

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.



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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Albert Lewis »

Motion for Discovery
San Andreas Judicial Branch
Motion for Discovery

Honorable Judith Mason,

  • We the Prosecution in the case below are presenting our discovery to the court.
    State of San Andreas v. Josh Graham
    Assigned Court Case Number: #22-CM-0042
    Requesting Party: Defense
    Party Members: Albert "Big Al" Lewis
    Exhibit #1: LSPD Officer Tyrell Lee
    Type of Discovery: Arrest Record
    Spoiler
    All Information from the Discovery
    • Tyrell Lee wrote: Wed Jul 13, 2022 1:51 am Image
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      Los Santos Police Department

      ARREST REPORT
      "TO PROTECT AND TO SERVE"

      MUGSHOT
      • SUSPECT DETAILS
        • Full Name: Josh Graham
          Phone Number: 3916598
          Licenses Suspended: Yes
          Officers Involved:
          • Police Officer II Tyrell Lee
          • Police Officer II Jim Buckridge
          Charges:
          • VM02 - Operating a Vehicle with a Suspended License
          • VF01 - Evading an Officer
          • GM04 - Resisting Arrest
          • GM14 - Obstruction of Justice
        INCIDENT NARRATIVE
        • Explain what happened, no need to provide too much detail, videos could be provided
          • While officers were investigating a kidnapping, Mr. Graham drove up and the person who said they were kidnapped got into Mr. Graham's car and fled from the scene. My unit tried to catch up but we lost VC. After 5 minutes, we gained VC again and the pursuit ended up in the big construction building on San Andreas Ave. Both Mr. Graham and the other suspect went up the ladder and I fell from the ladder and hurt myself. When I got back after getting medical treatment, Mr. Graham was injured and I provided BLS. After getting PID, he had a suspended license.
        EVIDENCE DETAILS
        • Document the possessions confiscated from the arrested suspect.
          Legal possessions may be grouped and documented as "Legal Possessions". Illegal possessions must be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Body camera footage may be attached as an evidence exhibit.
          • Exhibit A: Legal Possessions - Clothing, GPS, Knife, and Radio

            Photograph of possessions in evidence locker (if applicable)
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    Exhibit #2: LSPD Officer Silas Black
    Type of Discovery: Arrest Record
    Spoiler
    All Information from the Discovery [Provide a detail explanation as to the relevance of the discovery request]
    • Silas Black wrote: Wed Jul 13, 2022 6:52 pm Image
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      Los Santos Police Department

      ARREST REPORT
      "TO PROTECT AND TO SERVE"

      MUGSHOT
      • SUSPECT DETAILS
        • Full Name: Josh Graham
          Phone Number: 3916598
          Licenses Suspended: No
          Officers Involved:
          • Police Cadet Silas Black
          • Police Officer II Oli Green
          Charges:
          • WF01 - Assault with a Deadly Weapon of a Gov. Employee
          • VF01 - Evading an Officer
          • WM02 - Possession of an Unlicensed Firearm
        INCIDENT NARRATIVE
        • Explain what happened, no need to provide too much detail, videos could be provided
          • Mr. Graham came to Mission Row to report his BF400 stolen. Upon MDC check Mr. Graham had a warrant for his arrest for three(3) charges. The warrant was placed by Audrey Hartwell. Mr. Graham complied with all commands given and was taken into custody with out incident.
        EVIDENCE DETAILS
        • Document the possessions confiscated from the arrested suspect.
          Legal possessions may be grouped and documented as "Legal Possessions". Illegal possessions must be documented individually, examples of documented illegal possessions are "Pistol .50" or "12 grams of Cocaine". Body camera footage may be attached as an evidence exhibit.
          • Exhibit A: Exhibit A: Legal Possessions: Paisley Face Bandana, GPS, knife

            Photograph of possessions in evidence locker (if applicable)
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Sincerely,

Albert "Big Al" Lewis

Prosecuting Attorney
San Andreas Judicial Branch
(909) 464-6046 — [email protected][/list]
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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Cyrus Raven »

Motion to Dismiss
San Andreas Judicial Branch
Motion to Dismiss

Honorable Judith Mason,

  • We the Defense in the case below are requesting case 22-CM-0042, State of San Andreas v. Josh Graham, be dismissed. Please find the reason for it below.
    State of San Andreas v. Josh Graham
    Assigned Court Case Number: 22-CM-0042
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven (Attorney), Josh Graham (Defendant)
    Dismissal Reason: Insufficient Evidence Provided
    Detailed explanation:

    On the 2nd of August, 2022, the defense clarified that the defendant intended on appealing a total of 8 charges. On the 10th of August, 2022, the court ordered discovery be provided by the prosecution of ''all evidence collected from the arresting Law Enforcement Agency''.

    It is now the 18th of August, 2022. Given the time period for the prosecution to provide evidence for all 8 charges has elapsed, the defense is requesting the court dismiss the 8 charges due to lack of evidence.

    The prosecution has provided two single arrest reports.

    Exhibit #1 is with regards to four charges. It contains a 5 sentence statement on what led to the arrest. Granted, arrest reports are not suppose to be super detailed, but no other corroborating evidence, witness statement or body-cam has been provided, despite other units being involved. Furthermore, the person writing this arrest report states ''I fell from the ladder and hurt myself. When I got back after getting medical treatment'' and ''While officers were investigating a kidnapping'', implying he was not the initiating unit of the situation nor was he around for a significant portion of it due to his injuries.

    Exhibit #2 is with regards to three charges. It provides no statements on the charges or what circumstances led to the defendant being charged, instead if describes the defendant at Mission Row and the arresting Officer detaining and arresting him due to the charges placed by Deputy Hartwell.

    Furthermore, my client was charged with eight crimes, despite the arrest reports only listing seven charges. Likewise, ''WM02 - Possession of an Unlicensed Firearm'' was given, despite no evidence of a weapon in either exhibits.

    Thank you for your consideration.

Sincerely,

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Cyrus Raven
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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Judith Mason »

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San Andreas Judicial Branch

Re: #22-CM-0042, State of San Andreas v. Josh Graham
"HERE FOR YOU | SAFE FOR YOU"

  • Parties,

    As discussed in the Motions Hearing held late in the day on August 20th, 2022, the prosecution's Motion for Discovery of Two Arrest Reports provided by the Los Santos Police Department was granted before conversations turned to the Motion to Dismiss submitted by the defense.

    During this discussion, the defense claimed that there is not enough evidence to proceed with any of the charges brought forth by the prosecution.

    Prosecution agreed that there is an insufficient amount of evidence for a number of charges, and as such, was receptive to dropping those claims while still intending on pursuing the VF01 - Evading an Officer charge with timestamp 13/JUL/2022 01:27:14 and the VM02 - Operating a Vehicle with a Suspended License charge with timestamp 13/JUL/2022 01:27:14.

    While the defense asserts that the evidence for the two remaining charges is weak and they should be thrown out regardless, the court made a determination not to dismiss the remaining charges so that a final attempt to collect statements of law enforcement officers involved could be made. Should further evidence be presented within the next 48 hours, the court will make arrangements to schedule a trial, but if not, the court will be open to hearing an additional Motion to Dismiss for those remaining charges.

    To summarize, the following charges have been dropped by the prosecution and are no longer being pursued:
    • WF01 - Assault with a Deadly Weapon of a Government Employee (Timestamp 13/JUL/2022 17:56:22)
    • WM02 - Possession of an Unlicensed Firearm (Timestamp 13/JUL/2022 17:56:22)
    • VF01 - Evading an Officer (Timestamp 13/JUL/2022 17:56:22)
    • GM13 - Criminal Threats of a Government Employee (Timestamp 13/JUL/2022 01:42:23)
    • GM14 - Obstruction of Justice (Timestamp 13/JUL/2022 01:27:14)
    • GM04 - Resisting Arrest (Timestamp 13/JUL/2022 01:27:14)
    Respectfully,

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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Cyrus Raven »

Motion to Dismiss
San Andreas Judicial Branch
Motion to Dismiss

Honorable Judith Mason,

  • We the Defense in the case below are requesting case 22-CM-0042, State of San Andreas v. Josh Graham, be dismissed. Please find the reason for it below.
    State of San Andreas v. Josh Graham
    Assigned Court Case Number: 22-CM-0042
    Requesting Party: Cyrus Raven
    Party Members: Cyrus Raven (Attorney), Josh Graham (Defendant)
    Dismissal Reason: Insufficient Evidence Provided for two outstanding charges
    Detailed explanation:

    The 48 hour time period allowed by the court has elapsed, as such the Defense requests that the two outstanding charges:
    • VF01 - Evading an Officer
    • VM02 - Operating a Vehicle with a Suspended License
    also be dropped due to lack of evidence and a not-guilty verdict be issued.
    Thank you for your consideration.

Sincerely,

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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Albert Lewis »

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San Andreas Judicial Branch

State of San Andreas v. Tony Solicetto
"HERE FOR YOU | SAFE FOR YOU"

  • Honorable Judith Mason,

    As discussed in your chambers, we the state were unable to obtain any evidence of proof to valid the charges listed below in the case 22-CM-0042.
    • VF01 - Evading an Officer
    • VM02 - Operating a Vehicle with a Suspended License
    The State has no other options but to conceed on all charges as we continue to work with our law enforcement department to better communicate information in regards to future cases.

    We would like to thank the court for all the assistance in this matter and thank the defense for their patience during this process.

    Respectfully,
    Albert "Big Al" Lewis

    Prosecuting Attorney
    San Andreas Judicial Branch
    (909) 464-6046 — [email protected]
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Re: #22-CM-0042, State of San Andreas v. Josh Graham

Post by Judith Mason »

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San Andreas Judicial Branch
"HERE FOR YOU | SAFE FOR YOU"

COURT DECISION - #22-CM-0042


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Josh Graham
#22-CM-0042


CHARGES BEING DISPUTED:
GM04 - Resisting Arrest
VM02 - Operating a Vehicle with a Suspended License
GM14 - Obstruction of Justice
VF01 - Evading an Officer
GM13 - Criminal Threats of a Government Employee
VF01 - Evading an Officer
WM02 - Possession of an Unlicensed Firearm
WF01 - Assault with a Deadly Weapon of a Government Employee


A decision was reached in the above case on the 1st day of September, 2022.

  • The case of #22-CM-0042, State of San Andreas v. Josh Graham has hereby been dismissed by this court.

    With the State's decision to no longer pursue the charges being disputed, the court is dismissing the case against Mr. Josh Graham without prejudice. Should additional evidence be uncovered to prove the defendant's guilt, the State may seek prosecution of Mr. Graham for this incident at a later date, however, the charges currently on Mr. Graham's record will be expunged and he will be compensated for fines paid and time served.


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