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Azalea Isles v. Krix (2024) CR 01

M

Matthew100x

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Jul 5, 2024
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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:
1. Krix, whom is the defendant, in violation of the 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).
2. Krix, whom is the defendant, in violation of the 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.

33-1716159521.png
 
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.
 
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 Milk Crack​
 
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.
 
Unregistered Member said:
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.
Click to expand...
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:
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
 
MilkCrack said:
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
Click to expand...

To the Honorable Judge Milk Crack,

Response to Question 1: Confirmation of Case Being Criminal in Nature
I, Matthew Romanus, hereby confirm that this case is indeed a criminal matter. Pursuant to Section 4.1(a) of the Criminal Code, Krix stands accused of committing multiple counts of robbery and murder. I request that the court treat this case as a criminal proceeding, with all attendant rights and procedures applicable thereto.

Response to Question 2: Potential Jail Time
Regarding the potential jail time if convicted, the Criminal Code specifies the following penalties for 12 counts of robbery and 1 counts of murder: jailed for 725 minutes and fined for $50 dollars. They can also be fined for each charge of robbery up to 1.5 the amount stolen. Since the prosecution does not know how much has been stolen, we have opted not to seek a fine.

There is no cap as far as I am aware to how long the defendant can be jailed for. The plugin gave them a 1 hour and 30 minute jail sentence upon apprehension and arrest. This may be the limit.

Response to Question 3: Time Served
I am currently unable to get time served, but I believe that the jail time has exceeded 30 minutes. I request that the court take these facts into consideration when determining an appropriate sentence for Krix should he be found guilty.

Brief Regarding Prosecution:
To the Honorable Milkcrack,

The Prosecution respectfully submits this brief in support of its Prayer for Relief, seeking a reasonable and justified punishment for the Defendant’s crimes.

Under Section 4.1 of the Criminal Code, The alleged crimes' punishment is more than 30 minutes. This is because the Defendant’s actions matches the profile of the crimes that we allege and the necessitate a more stringent sentence. We acknowledge that the Criminal Code permits imprisonment “up to 60 minutes of jail per instance” for Robbery under Section 1.6. In this instance, the Defendant is charged with 12 counts of Robbery, which cumulatively amounts to 725 minutes of jail time (or the cap given by plugin or staff limitations), which is justified by the statutory limits. Additionally, to protect the public given the ongoing alleged crime spree that the defendant may have committed; the AIPD, authorized by 4.1(a) of the criminal code, detained the defendant after they had been "prosecuted" through the filing of this criminal complaint. We argue that the Defendant’s imprisonment is necessary to uphold justice and deter future criminal behavior.

WHEREFORE, the Prosecution respectfully requests that this Honorable Court consider the guiding principles of law and the statutory limits set by the Criminal Code in determining the appropriate punishment for the Defendant’s crimes, and grant the relief sought.

Respectfully submitted,

Matthew Romanus
 
Just a quick edit as I did not catch this before going to bed.

"I, Matthew Romanus, hereby confirm that this case is indeed a criminal matter. Pursuant to Section 4.1(a) of the Criminal Code, Krix stands accused of committing multiple counts of robbery and murder." Is supposed to be "I, Matthew Romanus, hereby confirm that this case is indeed a criminal matter. Pursuant to Section 4.1 of the Criminal Code, Krix stands accused of committing multiple counts of robbery and murder."
 
Alright, thank you for confirming.

The defence is hereby requested to submit an answer to the criminal complaint, including a plea and any applicable defences. Please do so by May the 25th, 23:00 GMT+2 at the latest

Regarding the arguments in the civil answer to the complaint requesting a motion to dismiss:

As the state points out under criminal code section 4.1:

In any instance where a crime could result in a fine exceeding $1,000 or a jail sentence of 30 minutes or more, a prosecutor must handle the case.
a. While police may detain someone for an alleged crime under this category, the individual must be prosecuted within the statute of limitations.

Based on the facts presented, it appears the state detained the accused for a maximum of 1 hour and 30 minutes and followed up with a prosecution within the statute of limitations.

Therefore, I see no fault with the police's handling of this case and am not granting the motion to dismiss.

As for the matter of compensation, if the accused is found to have spent too much time in jail at the end of this trial, this is a civil matter between the accused and the state and will not be decided in this criminal trial.
 
MOTION FOR RECONSIDERATION

Your honor, the states handling of this case has been farcical - to continue with this case and not dismiss it after it was filled as a civil case and my client dragged through the streets is deeply unfair to my client. My client deserves a fair trial and continuing to allow the state to make mistakes and have them be handwaved while my client suffered in jail for an hour and a half is a deep imbalance of power.

In their argument the state only mentions half of 'criminal code section 4.1:', as I raised in my response the full section is as follows:
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.
I have emboldened, underlined and highlighted in red the relevant line of the Criminal Code to these events. Police may apply the punishment without a trial if the punishment is less that the amount described in 4.1, punishment was applied before the trial had even started (As a judge had not taken up the case) your honor DO NOT let this precedent stand that the police, upon filling charges, can take ANY actions. The law is very clear in section 'b.' that they can only apply the punishment without a trial if it is less than the amount described.

Under this ruling the punishments for corruption could be taken by Police without it having to go to trial, the Police could quite literally accuse you of corruption your honor and legally remove you from your position straight away. Please your honor, do not let this section of the law go ignored.
 
Although the law prohibits police from imposing punishment before a trial, it also explicitly permits the detention of individuals accused of a crime before trial in the subsection prior. Therefore, I am denying your motion to dismiss and uphold the previous decision.

Please submit your response to the complaint in the timeframe previously established.
 
Your honor,

In the face of this horrific miscarriage of justice your honor with the continuation of this case, the Defence wishes to submit a plea of Not Guilty.

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

Direct Response to Complaint:
1) The Defence REFUTES the following: The defendant, whom at all points in this complaint, is a citizen of the Royal Colonies. - Krix considers himself to be a 'Sovereign Citizen' and a native to Azalea Isles, he refuses the idea that he is a citizen under the authority of the Crown. He is waiving his right under the 'Mandate for the Isles' to '1. The right to citizenship upon entering the country.', however as one of the 'people of Azalea Isles' he is still entitled to be protected by the rest of the rights. Krix is waiving his right to citizenship just as one can waive their right to not self-incriminate.
2) The Defence REFUTES the following: At some point, the defendant had robbed multiple people. - The Prosecution provides no evidence to prove that multiple persons were robbed, they just post a screenshot that Krix is wanted for 12 counts of robbery, if these robberies did occur (Which for all we know they did not) there is not reason to believe that more than one person was robbed.
3) The Defence REFUTES the following: The defendant knowingly took money from people. - The Prosecution provides no evidence to support this in anyway, there is no evidence to prove the fact that money was taken. There is only a screenshot which states that Krix is "Wanted for: murder (1x), robbery (12x)", furthermore the Prosecution provides no evidence of motive, knowledge of events, or comprehension that Krix was aware of these actions.
4) The Defence REFUTES the following: 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. - The Prosecution has not proved that the actions taken amount to this charge.

Motion to Strike:
The Defence motions to strike the following section & the subsequent punishments attached:

Krix, whom is the defendant, in violation of the Criminal Code, committed 1.1 Murder because they killed 1 time(s).

We request this as during their filing they provide no 'Factual Allegations' that Krix committed a murder, instead only providing allegations that robberies were committed. We in the Defence are unable to defend against the charge if we are unaware of the events of the alleged murder, it is entirely possible that Krix was acting in self defence during the event in question however because the Prosecution does not provide any allegations on the matter we are unable to even know what scenario they are referring to - thus making a defence impossible.

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. We can now move on to trial.

If either party wishes to request an in-game trial please say so within the next 24 hours. (by 7 pm 27th of May GMT+1).

Otherwise, the prosecution is required to submit their opening statement within the next 48 hours. (by 7 pm 28th of May GMT + 1).
 
We do not want an ingame trial.

Furthermore we submitted a motion to strike your honor? We have not been able to respond to the charges of murder by the Prosecution because of their failure to file any factual allegations regarding the murder charge, we cannot proceed to our opening statements as we have not yet been given full reciprocal discovery.

We ask that the court delays the presentation of opening statements until after this has been ruled on.
 
Since not all parties agree, we will not have an in-game trial.

As for the ruling on the motion to strike. I agree with the defence, the factual allegation that a murder has taken place is missing. Therefore the prosecution will have 48 hours to amend the complaint to include this or the murder charge will be stricken. (Please also include as many details as possible, once closing statements begin no additional evidence or facts may be presented). After doing so the prosecution should submit their opening statement. Please be done with both by 11 pm 29th of May GMT+1.
 
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