State v. Lopez et al. (HUT)

187 R. O'Cop

Aiden Kerr read up, counselor.

"Within 72 hours, a complete investigation record is entered onto the docket, including all relevant charges."

Taken straight from the Hold Until Trial statute for the State of San Andreas.

Aiden Kerr

Let me be abundantly clear, as you prefer to mince words rather than understand the intended meaning of them.

We have every right to amend charges within a plea agreement as that is not what was provided to the court, the spirit behind providing charges to the court and in open forum is to allow all defendants the opportunity to prepare for trial on those specific charges.

In a plea agreement, charges can be amended so long as the original ones are memorialized. At times, it can also protect the defendant from future cases, as it would’ve in this instance.

Your stance would be different should the state be amending the charges such that there were less of them, but with your copy and pasted reasoning that too would be “prohibited.”

I’m prepared to argue this in court on an alternative case as our differences should not affect the process of defendants.

Aiden Kerr

** Notice to the Court **

The state received notification from the defendant, Jimmy Monroe, by way of their attorney A. Celestine that they wish to enter a guilty plea to all charges and follow the proposed sentencing recommendations put forth by Louis Bloom.

The state and BCSO remain unopposed to this, there is no plea deal to enter in this case. We will leave seizure determination to the court to credit towards his debt owed after this case is completed from the bench.

@[unknown group]

Theodore Lars

Aiden Kerr

@187 R. O'Cop

Confirm the plea being entered (with or without deal), and submit a bank account photo.

Theodore Lars

To anyone bringing up Jail Time Pre trial on a HUT

Ask....for....bail. That's the point of bail. If you dont ask for bail, then this is what happens.

187 R. O'Cop

Theodore Lars

Defendant Jimmy Monroe hereby enters a Guilty Plea to all charges presented against him by the State in "State v. Lopez et al. (HUT)"

Photo of Defendant's bank account:
https://i.ibb.co/XrPyJkr2/Five-M-GTAProcess-6l-De9p-Rx-QQ.png

Theodore Lars

These complaints about plea deals having different charges, I dont care. Just make a deal, reject a deal, work with the clerk to get it scheduled, or motion for summary judgement. There are a ton of defendants. Each need to consider a deal that hopefully is beneficial to them and brings justice in the long run.

Note: Louis Bloms amended charges are accepted as they were timely.

Theodore Lars

Plea is accepted by the court, sentencing will be completed tonight when I return.

Theodore Lars

Jimmy Monroe shall be fined 300,000 Dollars

His Dinka Jester VIN 12721 will be seized

His criminal record is so long, and his account so far in debt, I have no choice but to consider time the only reprimand we have beyond is car seizure. Though they did not ask for Bail, I will grant 2 Years served to the main sentence, and 2 years served to the Parole

He will serve 7 more years, and 3 Parole due to the seizure.

Reminder: The State does NOT have to offer a plea deal, the defense should actively seek prosecutors if they are concerned about getting one timely.

Theodore Lars

Billing and Seizure complete

Ash Lǐ

@Theodore Lars Interrogative for the court. Seizure of assets such as the houses mentioned by Captain Bloom in the original posting are subject to the due process of civil asset forfeiture no? This leaves me with two questions. One, shouldn't there be a separate docket posting for Captain Bloom to request that civil asset forfeiture? If so, I understand that will probably happen after the personal criminal side is all hashed out. Two, would there even be a legal avenue to discuss the forfeiture or lack thereof in plea negotiations in tandem with the person criminal plea agreements of this case, since civil asset forfeiture is in rem? In essence, would negotiations to drop the motion for civil asset forfeiture of any assets related to this case even be a legal to make a part of a plea deal? I'm asking this publicly so both parties involved are informed, and since Captain Bloom is hard to get a hold of these days.

Aiden Kerr

Ash Lǐ

I maybe wrong and I'm willing to acknowledge this, at least for the sake of this state. I believe there are two different avenues of asset forfeiture. I'm merely writing from experience, not exactly what this state specifically has done.

Criminal Asset Forfeiture

Happens after the owner is convicted of a crime (or enters a guilty plea).
The person (not the property) is on trial.
Burden of proof is high: “beyond a reasonable doubt.”
Example case title type: State v. John Doe.
Purpose: To punish criminals by taking property tied directly to their crime.
The owner can fight the forfeiture as part of their criminal defense.

The above is the angle in which it can and should be included in plea deals, in fairness for both sides. I.E. State wants the property taken as it was used in the commission or received in the commision of a crime. However, the defense has valid points of argument and fact that deem it otherwise and therefore the state is only taking the necessary property, and the defense has protected the other property that isn't included in the deal.

Civil Asset Forfeiture

Can happen even if no one is charged or convicted of a crime.
The property itself is treated as the “defendant.”
Burden of proof is lower: “preponderance of the evidence” (more likely than not).
Example case title type: State v. $5,000 in Cash.
Purpose: To remove property suspected of being linked to illegal activity.
The owner can challenge it but must prove the property wasn’t involved in a crime.

Kinsley Murphy

Motion of Entry:

Kinsley Murphy for the DA's Office. I have discussed with Annabelle and the State and the Defense have entered into a Plea Agreement. Which you will find here Once the Defense have accepted they will post to this docket and sign.

Regards,

Kinsley Murphy DA

[deleted]

@187 R. O'Cop See above.

[deleted]

I will be scheduling this case THIS EVENING for next week, with or without availability, for around the time of arrest. The scheduling has been posted for a week and there are still pending Defendants (Hector Lopez, Que Jones, Peter Yin, Rory Owens (pending plea), ~~Jimmy Monroe~~, & Billy Blancka) who have seemingly not engaged in the scheduling process or defense process.

@187 R. O'Cop (for visibility, I think your clients will plea out though) @Ash Lǐ @Aiden Kerr @Logan Brackley | Oliver Knight @Louis Bloom

580 A. Sharpe

Sharpe for the state, entering with the sole purpose of plea deals.

@Ash Lǐ I've sent you a trio of these via text for Billy Blancka, Que Jones and Hector Lopez. Kindly let me know if any amendments need to be made or if these are broadly acceptable.

Ash Lǐ

@580 A. Sharpe Bloom agreed with me to not seize real property if a plea deal is struck. The pending agreements specify seizure of the homes.

580 A. Sharpe

Ash Lǐ Hey Ash, the verbiage was supposed to suggest a forfeit to claim articles seized from said properties but I can see how it wasn't clear. I've removed that section so properties aren't part of any seizure.

Ash Lǐ

Blancka, Lopez, and Jones all accept their pending plea deals. @Theodore Lars @580 A. Sharpe @Louis Bloom
Getting Bank info as we speak. https://media.unscripted.gg:8443/k901V6EtS0qsFaJ-SiJkrw.png Here is Lopez's.

580 A. Sharpe

Glad to hear it, plea deals as follows:

Jones - https://docs.google.com/document/d/1R7URrP4Gy9CzLKTJBL9tep-eojN9oI6ykKgvDnjm7KI/edit?usp=sharing
Blancka - https://docs.google.com/document/d/12jwtRxMx5redGJ6GdV4x7N8jQhFQU_YVP1WC2WDQHrI/edit?usp=sharing
Lopez - https://docs.google.com/document/d/14Q5HBrKrD0G4ZYSorYX8yY2RllnWaZSFnFxfuHg5uKo/edit?usp=sharing

@Louis Bloom As above for your records.

« Previous Page Next Page »