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Lawsuit: In Session Azalea Isles v. Krix, (2024) CR 01
Started by Matthew100x

The Royal Colony of the Azalea Isles, Plaintiff.

v.

Krix, Defendant.

Civil Complaint:

Krix is formally being accused by the plaintiff, The Royal Colony of the Azalea Isles, of committing the following crimes: 12 counts of 1.5 Robbery; 1 counts of 1.1 Murder; and shall henceforth be known as the defendant.

The defendant(s), in their conduct, have committed offenses against the government and its people. As such, the prosecuting authority, lead by Matthew Romanus, under the direction of his majesty, is asking for a resolution under the criminal code.

Parties:

1. Plaintiff: The Royal Colony of the Azalea Isles, lead by prosecutor Matthew Romanus
2. Defendant: Krix

Factual Allegations:

1. The defendant, whom at all points in this complaint, is a citizen of the Royal Colonies.
2. At some point, the defendant had robbed multiple people.
3. The defendant knowingly took money from people.
4.  The Criminal Code stipulates this action to be illegal under 1
.5 Robbery: It shall be illegal to take, steal, or come into adverse possession of any item, monies, material, papers, property, or any other real or intangible object from any person, legal entity, organization, or the government; excluding Azalea Isle’s bank.

Legal Claims:

Krix, whom is the defendant, in violation of the Criminal Code (see https://www.cityrp.org/forum/topic/17-criminal-code/), committed 1.5 Robbery because they took, stole, or came into adverse possession of any item, monies, material, papers, property, or any other real or intangible object from 12 time(s).
Krix, whom is the defendant, in violation of the Criminal Code (see https://www.cityrp.org/forum/topic/17-criminal-code/), committed 1.1 Murder because they killed 1 time(s).

Prayer for Relief:

Krix , for commiting the crime(s): 12 count(s) of 1.5 Robbery; 1 count(s) of 1.1 Murder. The prosecution requests that the defendant, in accordance with the criminal code, be jailed for 725 minutes (or whatever cap given) and be fined for $50 dollars.

Verification:

I, Matthew Romanus, hereby affirm that the allegations in the complaint AND all subsequent statements made in court are true and correct to the best of the plaintiff's knowledge, information, and belief and that any falsehoods may bring the penalty of perjury.

 

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The defendant has committed additional crimes since the post. He is now wanted for 14 counts of robbery. The Prosecution wishes to revise the prayer for relief:

Krix, for commiting the crime(s): 14 count(s) of 1.5 Robbery; 1 count(s) of 1.1 Murder. The prosecution requests that the defendant, in accordance with the criminal code, be jailed for 845 minutes (or whatever cap given) and be fined for $50 dollars.

 

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The DouCo Law Firm will be representing Krix in this trial.

Spoiler
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Writ of Summons

Azalea Isles Criminal Court (CR)

Case No. CR-24-0001-01

Prosecutor: Matthew Romanus
Accused: Krix

A criminal complaint has been filed on behalf of the Royal Colony of Azalea Isles. You the accused are hereby required to file an answer to the complaint within 48 hours. Failure to appear will result in a default judgment against you.

In accordance with the Sovereign's mandate for the Isles, you have the right to the assistance of counsel in your defence. Should you choose to represent yourself, please familiarize yourself with the relevant court documents, including proper formats, as well as the laws referenced in the complaint. Ensure that you comply with any court orders.

 

Signature:

Judge Milkcrack

 

 

Your honor as this is a new legal system we require a extra 24 hours to fully familiarise ourselves with all the minutia of the law as written and legal situation. 

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The_Donuticus:

Your honor as this is a new legal system we require a extra 24 hours to fully familiarise ourselves with all the minutia of the law as written and legal situation. 

Granted. Please submit your answer to the complaint before the 23rd May 2024 01:40 (GMT)

Answer to Civil Complaint:

Our laws are simple, as we are a new nation we do not have to worry about a whole mess of laws and issues, loopholes and technicalities. For this reason it is insane to see that the Ministry of "Justice" has illegally seized and detained by client - despite the law so clearly stating they cannot. Furthermore the sentence that has been handed down to my client, without a trial, is beyond all counts unreasonable and draconian. The manner in which the Ministry of "Justice" has ignored the court and acted without the proper authorization from the court in detaining my client shows their complete and utter disregard for the rule of law, the Crown's gift of governance, and most importantly their disregard for this very court (Which has been overruled by an out of control Ministry). There is only one legal remedy to this now, for the court to order my client to be released, given compensation, and for these charges to be dropped as they are fruit of the most poisonous, and frankly rotten, tree. 

 

Parties:

1. Plaintiff: The Royal Colony of the Azalea Isles, lead by prosecutor Matthew Romanus

2. Defendant: Krix, represented by DouCo Law Firm

 

Factual Defenses:

Mere seconds after this case was filed police swarmed my client, illegally seized him, and took him to jail. I rushed over to the scene and demanded they freed him, which they refused to do, shortly after he found himself in jail after a disgraceful public embarrassment of being dragged through the streets. This Ministry of "Justice" thinks they do not have to follow the law, this Ministry of "Justice" thinks they can just do whatever they want and ignore the place of our courts in our legal system. For this purpose I beg this court to see real justice be done, my client be freed, and this case been dismissed due to the police mishandling of the situation resulting in the whole events being tainted as fruit of the poisonous tree. 

 

Legal Defenses:

The Criminal Code states the following:

Spoiler

1. In any instance where a crime could give a punishment of a fine that could exceed $1,000 dollars or give 30 minutes or more of jail, a prosecutor must head the case.

a. Police may still detain someone for an alleged crime under this category, however, that person must be prosecuted within the statute of limitations.

b. In any instance where an alleged crimes’ punishment is less than the amount described in 4.1, Police may apply the punishment without a trial.

Only when the alleged crimes’ punishment is less than a $1,000 dollars fine or give less then 30 minutes in jail may the police apply the punishment without a trial. Before this trial even began, my client was illegally seized and forced into a jail cell for nearly 14 hours of punishment time - now I do believe that to be more than 30 minutes in jail.

The Ministry of "Justice" will claim that the law gives them the right to do this as they had filed the case, however filing the case is not the same as having a trial. The Criminal Code is very clear, it states that the police can only apply punishment without a trial if the crimes punishment is less than what is described in 4.1, to me this reads very plainly, punishment cannot be given if it exceeds the limits described - and my client has been punished without a trial. 

I would argue that based on this clause that punishment would have to wait until after the trial is concluded and a judge has given them the authority to act, for the police to lock someone up for 14 hours without a trial is madness and not based at all in our laws. 

 

Counterclaim/Motion of Dismissal:

We ask the court to take the following actions to remedy this horrific mess. 

  1. My client, Krix, be released from jail immediately. 
  2. This lawsuit to be dismissed as the law has been illegally applied against my client leading to a gross violation of his rights.
  3. Compensation equaling $21,125 ($25 per minute my client has been illegally detained) to be paid to my client for the 825 minutes of jailtime, nearly 14 hours, that he has been illegally subjected to which is a violation of his "right to be secure against unreasonable search and seizure."

 

Verification:

I, The_Donuticus, hereby affirm that the allegations in the answer AND all subsequent statements made in court are true and correct to the best of the defendant’s knowledge, information, and belief and that any falsehoods may bring the penalty of perjury.

Thank you for your response, counsellor. However, it appears that you have filed an answer to a civil complaint, while this case is actually criminal in nature. This mistake is understandable, as the prosecutor has also incorrectly titled this complaint as a civil one. Before proceeding, I request the following clarifications from the prosecutor:

1. Please confirm that this is indeed a criminal case.
2. How long would the defendant be in jail if they had waited out the entire timer?
3. How much of this time has the defendant already served?

Just for clarity your honor, I filed a response to a civil complaint as that is what the Plaintiff has filed. 

 

I too would be very interested to hear the answers from the Plaintiff, sadly however my client has been in jail now illegally without a criminal trial. I would ask the court to please grant an emergency order for my client to be released. 

STAY OF EXECUTION

Based on the current facts, I believe that imposing the maximum jail penalty for robbery is likely excessive. Given the potential damage, excessive sentencing can have on the defendant. I am issuing a stay on any jail time resulting from the alleged crimes in this complaint beyond 30 minutes. This means that if the defendant has already served 30 minutes in jail, they are excused from serving any additional jail time arising from the alleged crimes in the complaint until further notice.

The prosecutor is welcome to ask the court to reconsider, given new facts, arguments and/or evidence.

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