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Loxxon Husky

The People of The State of California v John Bricks

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Your Honors,

The State wishes to drop the count 1 charge of §11.1.580 Class 2 Controlled Substance Distribution/Trafficking du to lack of evidence.

However we are wishing to move forward for the other counts.

  • TF 1

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Your case is being processed by the Court Clerk. 

The Honourable Judge Thomas Najail presiding. 

 

@John Bricks Do you have an attorney or do you require the services of the public defender?

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Your Honor, 

If the Defendant does not reply. The prosecution wish's to add the following charges:

§11.2.140 Contempt by Breach of a Court Order

§11.2.300 Failure to Appear

 

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The court recognises the People's motion and enter §11.2.300 Failure to Appear as Count 11, however, the court disposes of the charge §11.2.140 Contempt by Breach of a Court Order as no order has been entered by the court.

 

In the absence of a plea from the defence, the court will enter a plea of not guilty to counts 1 through 11 on his behalf and require the service of the public defender. @Altin Berg @Matt Pad if you would be so kind, please appoint a public defender at your earliest convenience. 

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On 9/24/2021 at 5:43 AM, Tom Najail said:

The court recognises the People's motion and enter §11.2.300 Failure to Appear as Count 11, however, the court disposes of the charge §11.2.140 Contempt by Breach of a Court Order as no order has been entered by the court.

 

In the absence of a plea from the defence, the court will enter a plea of not guilty to counts 1 through 11 on his behalf and require the service of the public defender. @Altin Berg @Matt Pad if you would be so kind, please appoint a public defender at your earliest convenience. 

Your Honor,

I am confused as to why the public defenders are needed if the Defendant failed to respond/appear to a court preceding within the amount of time it was requested of them.

The Prosecution would like to motion for summary Judgement & Arrest Warrant of Mr John Bricks while also adding in a additional charge of

§11.2.210 Violation of Bail Conditions

As Per Bail Policy Section 5 & 4

What are valid bail conditions

When the court case has been dated & the individual appears in court, the individual is then to be given 100% of the original payment that was given to the bail. If the defendant does not show up for court, the money is split,  50% to the Government and 50% to the arresting officer.

Upon Bail

Bail Violations
If an individual violates their bail conditions, they may be arrested for up to 50 months and they lose any money sum that they put forward as a bail security. 50% to the Government,  25% to the Original Arresting Officer, and 25% to the arresting officer who catches someone violating their bail conditions.

Edited by Loxxon Husky

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Your motion for summary judgement is overruled. I can not, in the interests of justice, make a judgement without the defendant being properly represented. The court is making the ruling with the opinion that the defendant has been given notice of the indictment and has then chosen to absent himself after the trial has begun, effectively waiving his right to be present. The court will continue as if he was present. Diaz v. United States, 223 U.S. at 455 [1912] 

The defendant is on bail for the charge of §11.1.580 Class 2 Controlled Substance Distribution/Trafficking, this charge has been dropped on the prosecution's own motion. In line with section 5 of the bail policy, the money needs to be returned to the individual.

If the prosecution would like to request a warrant here, I will gladly review it. However, the defendant may still opt to go to trial and we may end up at the same point. It may be in all parties interests to continue to trial as if the defendant is found guilty, the court can issue a bench warrant. If the defendant is found not guilty, the matter is then closed.

@Altin Berg@Matt Pad Please appoint a public defender within 48 hours or a court order will be issued. 

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9 hours ago, Tom Najail said:

Your motion for summary judgement is overruled. I can not, in the interests of justice, make a judgement without the defendant being properly represented. The court is making the ruling with the opinion that the defendant has been given notice of the indictment and has then chosen to absent himself after the trial has begun, effectively waiving his right to be present. The court will continue as if he was present. Diaz v. United States, 223 U.S. at 455 [1912] 

The defendant is on bail for the charge of §11.1.580 Class 2 Controlled Substance Distribution/Trafficking, this charge has been dropped on the prosecution's own motion. In line with section 5 of the bail policy, the money needs to be returned to the individual.

If the prosecution would like to request a warrant here, I will gladly review it. However, the defendant may still opt to go to trial and we may end up at the same point. It may be in all parties interests to continue to trial as if the defendant is found guilty, the court can issue a bench warrant. If the defendant is found not guilty, the matter is then closed.

@Altin Berg@Matt Pad Please appoint a public defender within 48 hours or a court order will be issued. 

Your Honour, I am unsure if I am able to act as chief counsel in this case due to my involvement, but if it is possible I would like to appoint myself as such, with @finne walsh as co-counsel, shadowing.

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@Altin Berg Unfortunately it would not be proper for you to act as counsel due to your involvement with the prosecution. The court is happy to delay until a public defender becomes available/ 

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1 hour ago, Tom Najail said:

@Altin Berg Unfortunately it would not be proper for you to act as counsel due to your involvement with the prosecution. The court is happy to delay until a public defender becomes available/ 

I appreciate that, your honor. I will assign one as soon a suitable one is available.

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10 minutes ago, Tom Najail said:

@Loxxon Husky Mr. Bricks is no longer on bail, the State has dropped the charges. Please change it to reflect this.

Its been done Your Honor,

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19 hours ago, Tom Najail said:

@Matt Pad @Altin Berg Can I have some indication as to where we are with appointing a public defender on this? I appreciate that numbers are dwindling but a simple response would be helpful.

Your honour, 

I am working on finding a suitable counsel and will appoint one as soon as I do. 

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24 minutes ago, Tao Brightwater said:

I will be taking on the defense for Mr. Bricks. 

The court is extremely grateful, Mr Brightwater. What is everybody's availability like? 

@Loxxon Husky

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