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JohnGili

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    John Gilbane

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  1. Why Wuthah. What about Adv. 😄 Show some love to him as well.
  2. Sure but I am not conflating the two. If you want to continue just DM me anytime. I am more than happy to respond.
  3. The only thing that annoys me, is that pleas are done in an OCCLY manner. Every time, I log on and I have a client saying ' I plead guilty and has no idea about no contest plea. It is either plea guilty or not guilty. This has happened so many times, where a client wants to have a trial but because they were not told /b properly about the pleas. They plead guilty and expect their lawyer to fight this. Just last night, I had a client asking that from me, I told him I will try my best but no promises or report if he has the necessary screenshots. This is the fourth time this has happened because there is no IC mechanism to challenge a guilty plea.
  4. Yes, you are right in this aspect but apparently, according to my research, this sometimes happens in federal courts as well. But it depends on the amount of evidence presented or was their procedures violated. If the process is violated such as evidence collected in an improper manner ie. a search on a property is done without a warrant or other violations. The judge can make that determination to dismiss the case with prejudice. If their prosecution lacks mere evidence or there is no process to proceed but there is some evidence indicating that the crime may have taken place, the judge can dismiss the case without prejudice. In regards to the other part. You are right as I was half asleep when I typing but key words. 'proceeds to trial'. You are right, the case doesn't have to conclude but if it proceeds to trial, that is when double jeopardy applies. All of the cases that are either dismissed by petition by the DA are done before a hearing is done or at a pre-trial phase. It is not only DA who can request this from the judge but even the defense attorney can request if a dismissal is requested by the DA. The double jeopardy rule after arraignment depends but it is rarely considered. Because it is not a trial or at that stage. Pre-trial hearings or discovery hearings are not trials per se. Even in other commonwealth jurisdictions or jurisdictions that follow the common law system. Dismissal during the pretrial phase doesn't necessarily mean double jeopardy can apply and it can only be considered if there is a significant delay in the process ie arraignment after 9 months at court (because the arraignment should take place within 6 months ), just that the term is not used over those jurisdictions in regards 'prejudice or without prejudice). However, it is used in the American Jurisdiction.
  5. To be honest. I understand the points above but you slightly wrong. Sadly there is no criminal procedure law in san Andreas yet. So sometimes we have to refer to other sources but the califonia criminal practice procedure, the prosecution can request the case to be dismissed with or without prejudice. Sadly i dont have a copy of that right now but it is possible. In real life not all cases will proceed to trial so sometimes a the DA can ask for the case to be dismissed without prejudice and refile this case when enough evidence is presented. In reality it is very rare but it happens. This is not only califonia but some state laws does include it in their practice procedure. The double jeopardy rule applies once the case proceeds to trial and then if the defendant is found not guilty. You cannot retry the entire case with the same facts. It is to protect the people of prosecution misconduct and oppressive measures.
  6. May godbless you and rest easy. 

  7. I guess you weren't kidding Hah. What a twist indeed fair play.
  8. My prayers are with Viktoria. Godbless her and her family.
  9. I have to agree with you on that. There were times that I accidently miss emails because the lsmail doesn't show a clear notification when a new mail comes in properly or how many mails are unread. It becomes complicated when you have to handle a lot emails over there.
  10. I mean it depends. I have noted that some prefers to use forums pms even if they have an Lsmail account. Some players actively don't check their IC emails, thus making it harder to role-play any incident further. I am okay with the hybrid of a system in which both systems exist thus giving the choice to the players. Further please note some members don't actively use their IC mail or even have an account . So I don't support this rule as it would either delay the role play or interrupt it altogether.
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