Bail Application

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Serena
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Posted by Serena »


On Fourth Clerk of Sacrilegion, the following bail application is formally submitted in triplicate to the Courts of Law, addressed to the Judge currently overseeing the case of Maraphiel of Cania:

TO THE ATTENTION OF THE ASSIGNED JUDGE OF THE COURT

IN THE MATTER OF:
Diplomatic Agent of the Baatorian Court Maraphiel of Cania

CASE NUMBER:
187452/137

ACCUSED UNDER CUSTODY SINCE ((August 3rd 2021))

APPLICATION UNDER SECTION 611F OF THE CODE OF CRIMINAL PROCEDURE FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED



Respectfully show that:
  1. The applicant is a permanent resident of the City of Doors, whose Diplomatic Duties and Standing would be greatly compromised should they leave the City, and therefore there is no chance of them absconding from the course of justice;
  2. The applicant is completely aligned with their Plane of Belonging, and therefore by no means would be reasonable to expect them to fail to appear before the Court of Law once a Trial will be set;
  3. The applicant has offered great service to the City of Doors and the Factions all during the times of War, by providing vital intelligence which proved to be crucial for the safety of many High Ranking Factioneers, and therefore should be considered an individual of good standing;
  4. Despite the applicant being referred to as “repeated offender”, they have, as of today, never been found guilty in front of the Courts of Law of any alleged offence this term might refer to, therefore, there’s no lawful reason to treat them as such;
In view of the above stated facts and circumstances, and given that:
  1. The applicant has been arrested and detained by the Harmonium for far longer than the given 48 hours (24 cycles) before being moved to the Mercykiller Prisons as the law dictates;
  2. Despite the great amount of time passed since the applicant arrest, as stated in point a., no documentation of active investigation seems to exist anywhere in Court (including but not limited to victim statement and witness statements), fact that was confirmed by the arresting Measure themselves in front of witnesses;
  3. The applicant undertakes to present before the Courts of Law whenever required to;
  4. The applicant is aware that absconding from the course of justice will put them under Mercykiller jurisdiction without further action;
it is most respectfully prayed that this Honorable Court may be pleased to:

- Grant bail to the applicant in connection with Case number 187452/137
- Pass any other such order as this Honorable Court may deem fit and proper in the interest of Justice.


Applicant Maraphiel

Through

Counsel Factor Rhistel Aidan of the Fated


4th Clerk of Sacrilegion 137Ha
"Hand me my shovel, I'm going in!"

Plays: Aidan Rhistel - Factor and Law Representative of the Fated
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Jelkia
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Posted by Jelkia »


Be it known this, 4th Hive of Sacrilegion, 137Ha, submitted as Prosecution's Counter Response for the Motion of Request for Bail by Defendant's chosen Counsel in regard to Court's Indictment; 115-C1 - Triad v. 'Maraphiel'



We the Prosecution herein wish to request the Court bear in mind the following in a direct consolidation of facts mirroring the presentation of the Defense Counsel's Motion of Request for Bail.



1. Residence in the City of Doors is no reasonable bar to a Defendant departing the city as an attempt at fleeing justice, regardless of the personal political ramifications of departure. In addition, in terms of fleeing justice, this is an option the Defendant has knowingly and willfully chosen twice over in due course per the Court's record. Both times, directly disobeying the laws of the city in an attempt to escape each of the Harmonium's arrest warrants. The Prosecution would like to suggest that fleeing justice is exactly the established modus operandi of the Defendant, not by the Prosecution's conjecture, but via the recorded actions of the Defendant themself.

2. Membership in any group beyond the Citizenry of the City of Doors has little to no bearing on the Triad's consideration of any accused. And even in regard to the Citizens, consideration is only applied insofar as to be sure the proper methods and procedures are upheld in carrying out lawful prosecution of a Citizen of the city. In all cases, Citizen or not, attention to said details are vital. This statement is given and intended to specifically clarify in regard to the additional rights and privileges enjoyed by the Citizenry of the city within the law. Rights and privileges yet to be established in due course for the current Defendant, who has, to the best of the Prosecution's knowledge, no such sanction and is lacking membership in any of the recognized Factions of the City of Doors.

3. As per the previous point, it is the understanding of the Prosecution, that the Defendant is not a registered Citizen of the City of Doors at this time. Unless the Defendant's Counsel would like to present a motion to the Court for the pre trial consideration of a Badge of Faction in of their client's legal defense. Moreover, a Citizen in good standing in the Prosecution's estimation, would not have had Warrants issued for their arrest twice in the same turn for the crime of assaulting the documented Citizens of the City. One of which, the Prosecution moves to remind both the Court and Defense Counsel, the Defendant has, in point of fact, both plead and been found Guilty to.

4. The Prosecution would like to add in response here a correction to the Defense Counsel's claim that there was no Verdict of Guilt rendered by the Triad of Order, in the resolution of the Defendant's previous Indictment of Allegations. As stated above, the Defendant obviously and necessarily accepted a Guilty Verdict and received due sentencing. And, as trained litigators in the City of Doors, we can tell this much simply by the amount of the fine on record paid by the Defendant in the resolution of their prior indictment.

As follows;

A.) Per Court's Record - The Defendant was previously fined an amount of 500,000 standard Sigilian Jink as fair and lawful punishment for their last Indictment, by proper process and conduct of the Triad of Order's criminal justice system. (( ref - viewtopic.php?f=37&t=8671 ))

B.) The upper limit of a fine that may be rendered unto an accused without the benefit of passing a Guilty Verdict upon them by the Courts, is an amount of five thousand jink. (( ref - https://sigil-nwn2.fandom.com/wiki/Crimes ))

C.) To receive a fine of 500,000 jink, would require the process of sentencing via a duly appointed Mercykiller of Justicar or higher rank.

D.) In order for the Mercykiller Officer of the Triad to lawfully establish said sentence upon an accused, again, requires a Verdict of Guilt in relation to an Indictment to be established and likewise officially rendered by the Fraternity of Order.

E.) Per the processing of the herein established prior indictment 108-B2, the Defendant filed and accepted a plea of Guilty, which was subsequently accepted and not contested by the Court, which then led to a proper rendering of sentence by the Mercykillers for the given amount of 500,000 jink.

Dge. Notice - We of the Prosecution understand the Court to be well and fully aware of the facts presented above. However it is incumbent upon us to keep in mind that the Defendant's Counsel is not within the membership of the Fraternity of Order, and thus has not the full benefit of our training in the methods and procedures involved in upholding the law. Elementary as this may seem, it is prudent for the progress of the due process in this case, for us to illuminate the proper operation of litigation when and where we can. In this, we beg the Court's indulgence for this matter. Should the Defendant's Counsel require further education in the proper application of logical litigation, we herein suggest they seek out the co-counsel of a fledged Fraternity of Order attorney.



Cont. 1-A - The amount of time a suspect is kept between the Barracks and the Prison is entirely up to the judgement of the Harmoinum and the Mercykiller branches of the Triad of Order. While in most situations, the time allotted for this shifting of location is 48 hours, it is entirely within the lawful jurisdiction of either branch of the Triad to adjust that timeline as necessary. Exemptions and exceptions to this general procedure are clearly indicated in prior records of arrests and detainments. Again, the Prosecution is aware of the limitations in the scope of the Defense Counsel's knowledge in this matter, and gives all due consideration for this misunderstanding.

1-B - The Prosecution has no notion of this lack, and will be more than content to provide relief in acquiring these records to the Defendant's Counsel, such as they exist and are acquirable by the Prosecution. In all things, the proper execution of justice and order is the goal of the Fraternity of Order. We extend the offer that the Defendant's Counsel provide us with a list of documents they wish to have, and they shall be provided in a most reasonable frame of time.

1-C - The Prosecution is most appreciative of the Defendant's reassurances here and subsequent agreement to follow the law. We hope that it may be in due course, that the Defendant is more congenially receptive to the summons of the Court, than they have hitherto been in regard to the summons of the Harmonium.

1-D - The Prosecution suggests to the Court, it be made clear to the Defendant, that failure to be present at their duly appointed hearing will be considered a resounding plea of guilty in regard to Indictment 115-C1. Should such a situation occur, the judgement and subsequent sentencing will be rendered for the Defendant at the appointed time in absentia.


The above being well understood, given by the Prosecution as facts and statements rendered to the Court and duly witnessed via Court's Clerk of Record, and at this time or at a later time by the Defendant and their chosen Counsel. May it stand now that the Prosecution is found in agreeance with granting the Motion of Request for Bail. Be it therefore upon the Defendant to stand and deliver, when in due course the Court calls them to Trial for the Allegations set against them.

This document is hereby;
So filed this cycle in presence of the appropriate witnesses.
So signed to the extent required in keeping with Fraternity procedure.
So approved to be submitted to the Clerk of Courts.

May Law Guide Our Path,

~Administrator 6, Kaltia Tsaryov, of the Fraternity of Order~
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
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Serena
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Posted by Serena »


Probably without even having to spend too much time, it would be rather easy to track down the list of documents the defence counsel had send a request for through the Harmonium regarding that specifica case: it was not a long list, and while some of the paperwork had been indeed already provided, like the list of charges and the arrest warrant, most of the others were still missing, namely the victim statement, the witness(es) list and the witness(es) statement.

Another unrelated trivia, instead -a bit more difficult to come across, but most certainly known to those who had been roaming the Courts for a decade or so- would be that, in fact, the counsel hired for this case had indeed been officially trained by the Guvners... an information that probably had just the weight one was willing to give to it...
"Hand me my shovel, I'm going in!"

Plays: Aidan Rhistel - Factor and Law Representative of the Fated
Feel free to reach to me IC for enlisting or general faction rp
Jelkia
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Posted by Jelkia »


Bit of OOC Meta Information here, since we're going that route now I suppose;

1. While the Harmonium is certainly part of the Triad, they are not the Fraternity of Order. Rhistel is welcome to file a proper request for these documents with the Court's clerks and he will receive the requested files they have access to in relatively short order.

2. The victim statement exists in reality, and I will personally make it available here via Kaltia once it is properly requested.

3. The DM involved in the investigation did not go into the full development of who the NPC witnesses were and/or what they stated to fact for the Harmoinum. This will have to be something the DM tackles when they can/will/want to, for both sides of the playing field.

4. The Triva is entirely a moot point. Kaltia is attempting to give Rhistel an easy out with the Court for making small mistakes and, in this case, filing easily detectable fraudulent information to the Court on Maraphiel's behalf. What Rhistel decides to do with that provided leeway is entirely up to him.
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
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Serena
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Posted by Serena »


((Don't worry, as long as everyone keeps in mind this is just a game I'm sure we'll be fine.
As for Rhistel, I have not considered him receiving this specific document, as it looked more like an internal communication between the prosecution and the judge, and this is why I merely offered information instead of answering directly with the character, but do let me know if he is supposed to receive a copy of it so I'll follow up accordingly))
"Hand me my shovel, I'm going in!"

Plays: Aidan Rhistel - Factor and Law Representative of the Fated
Feel free to reach to me IC for enlisting or general faction rp
Jelkia
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Joined: Mon May 11, 2020 4:12 pm

Posted by Jelkia »


All filings to the court from both sides of the case should be available to the Prosecution and Defense once they are filed. Kaltia has no reason to block or prevent Rhistel's access to anything regarding the case. Both side should also be noticed when something new is filed. Anything that is posted ICly in this thread should be available to Rhistel within a cycle's time of having been filed. However, at this point, there is little left for either side to do directly. A motion and a response to the motion have been filed. Now it is up to the judge involved to make a ruling on the motion.

Also I am not sure what the statement about 'keeping in mind that this is a game' is in reference to. Everything posted so far has been either from the in character point of view, or given OOC as an attempt to provide everyone involved IC information to work with. Specifically so they can proceed with RP on all sides. If you have any questions, comments, or concerns, about the way the RP is proceeding, I would ask that you please bring those to a DM for resolution at your earliest convenience.
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
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Serena
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Posted by Serena »


((The statement was made because the sudden ooc input in the thread gave me the impression my in-game posts were being taken to a different level, and the fact that you suggest me to contact a DM, as if my posts are showing sign of OOC concerns, somewhat confirms this to me.
I understand my character could currently be considered in an antagonistic position compared to yours, professionally, but I can assure you that I, the player, do not share the same level of involvement in this.
Still, in case it needs to be stated:

I am pretty chill in keeping this a simple in-game scenario, with ic interactions and reactions, and I have no ooc concerns at all (and yes, if I had some, I'd be bringing them up to the DM, not here).
I was actually asked if I wished to take part to this scenario as the defence not by players but by the DM in charge of the plot, and all of the information I got about what was reasonably available to my character and what was nowhere to be found comes from them.
My forum posts reflect just what my character is currently doing, and they were written for RP purpose: he requested to see his client through official channels (even though I know I could have done it without posting first), he formally asked access to case files (even though I knew, and the DM confirmed to me, that they would be already available to the character), and filed a request for bail (because it's what one defence attorney would reasonably do in such circumstances).
When faced with unexpected obstruction IC, and before having my character answer, I confirmed with the DM the legitimacy of the other's claim, so that I would not misspeak, and proceeded accordingly.
And of course, you are encouraged to take anything you consider my character's mistakes exactly for what they are, even if they eventually turn out to come from an ooc misunderstanding from my side, because I think it's the proper way to go about it and I'm not a fan of retconning.

I hope this clears any doubt there might have been on this issue, and since my in-game role in this thread ended with the filed request of bail itself, I'll simply wait to know when my character will be notified with an answer~

))
"Hand me my shovel, I'm going in!"

Plays: Aidan Rhistel - Factor and Law Representative of the Fated
Feel free to reach to me IC for enlisting or general faction rp
Jelkia
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Joined: Mon May 11, 2020 4:12 pm

Posted by Jelkia »


Serena wrote: Wed Sep 08, 2021 7:36 am ((...Still, in case it needs to be stated...))
It doesn't. There are no problems OOC of any sort here that I am aware of. I was only suggesting a method of resolution if you had something to resolve on your end.

All OOC communications here from my end of things has been provided solely with the intent of clarification of information and/or to help open avenues for future RP. Such as, options for requesting additional information and possible reasons for all of the characters in question to communicate IC as the situation develops since both sides are now clearly established.

Any OOC impressions being read into these posts are purely based on the presumptions of the reader and do not accurately reflect my OOC intent in any way.
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
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Serena
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Posted by Serena »


((All's good, I appreciate the clarification))
"Hand me my shovel, I'm going in!"

Plays: Aidan Rhistel - Factor and Law Representative of the Fated
Feel free to reach to me IC for enlisting or general faction rp
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edmaster44
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Posted by edmaster44 »


Be it known, on the sixth day of Nihilun, year 137Ha, the bail as been approved with the following Conditions.

The defendant is not to leave the City of Door, and is to report to our headquarters Every Cycle until a Court Day can be scheduled.

They may walk freely in the cage, and any attempts to escape the Court day will result in an automatic admission of guilt.

Signed Patrick Baters B3.
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