Selective Prosecution Motion Dismissal

Summary

To draft a motion to dismiss based on selective prosecution, emphasize that prosecuting only Crystal Church, while ignoring the co-owner, violates equal protection rights under the Fourteenth Amendment. Argue the lack of legitimate basis for singling out the defendant, the absence of specific dates for alleged offenses, and the failure to provide proper notice, which violates due process rights. Include any evidence, such as recorded conversations, to support the motion. Consider consulting a local attorney for personalized legal advice.

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U need u to write me a motion for selective prosecution in kansas based off this information I need a motion to dismiss on selective prosecution based off this information• Background: The Defendant is charged with [list charges], related to alleged damage to a water meter and water theft at the property located at * Montgomery, Longton, KS *. • Property Ownership: The Defendant resides at * Montgomery, Longton, KS *, a property solely owned by **** Church. The alleged damage and theft occurred at * Montgomery, which is co-owned by the Defendant and Mr. Kenneth Huffmaster. An RV owned by the co-owner is situated on this property. • Selective Prosecution: The decision to prosecute only the Defendant, while not pursuing similar charges against the co-owner, constitutes selective prosecution. This selective enforcement violates the Defendant's right to equal protection under the law as guaranteed by the Fourteenth Amendment to the United States Constitution. • Lack of Justification: There is no legitimate basis for singling out the Defendant for prosecution while ignoring the co-owner, who shares equal responsibility for the property. • Absence of Specificity: The accusations lack an exact date for the alleged damage, providing only a broad time frame of over 10 months. This lack of specificity is unreasonable and significantly hinders the Defendant's ability to mount a defense. • Failure to Provide Notice: The City of Longton failed to provide proper notice of the accusations regarding water theft and meter damage. This failure constitutes a violation of the Defendant's right to due process under the Fourteenth Amendment. • Relief Sought: The Defendant respectfully requests that this Court dismiss the charges against him/her due to the unconstitutional selective prosecution, the unreasonable time frame provided for the alleged offenses, and the violation of due process rights.I need to file a response to this summons to court they are picking on me in the summons. Because two people own the property at * Montgomery street in Longton, KS *. Yet, I crystal church am the only one being summoned to court as a response to the count * of theft of water services. They have a time period Between the 5th day of September * and the 11th day of July * that's over a 10 month period they cannot even come up with an exact date of the supposed water theft. As for count two , the same goes , they have a time frame of a ten month period , stating that crystal church did and willingly knowingly by means other than fire explosives damage destroy. Defaces substantially impair the use of property to wit: water meter in which another to wit city of Longton has an interest. yet Their claims of a water meter Damage are inconsistent with their claims to account one because if they have water meter damage and the water meter is damaged and not working. How is it that they're coming up with *,* gallons being used with an amount of $*.* on the count one charge? If the water meter was damaged, then they should not be able to come up with the amount of supposed water theft. Because the water meter's damage is not working, so there's inconsistencies here .on top of that, the amount they came up with which was $*.* for a supposed, * gallons of water that they say was taken . well * gallons of water starting at *.* for the first * gallons and then $* for * gallons after that. Equals up to a $*.*. So once again inconsistenties here with the online water utilities payment details, it doesn't match up. They have a total of $*.*. Where did they get this amount once again? It doesn't add up with the amount that it states online the water utility charges and does not add up for the fact that the water meter is damaged supposedly? Secondly , count two , the water meter damage i crystal church went up to city hall where I talked to bonnie foged , who is city clerk , water operator and wastewater operator and gary beougher , who was a maintenance supervisor I asked for an inspection report on the water meter bonnie foged replied that she didn't know what I was talking About . I said that I'm being charged with damage to a water meter and there should be an inspection report for any damages. Bonnie said that they didn't have a damage report. Or inspection report on the damaged water meter and she didn't know what I was talking about. So then I asked who inspected this water meter and said it was damage. Bonnie foged replied that she and Gary beougher are the ones that expected it. And said it was damaged. I then replied. Well, I need the inspection report for the damaged water meter and asked if they still had the water meter because I'd like pictures of it and I'm going to have a licensed Plumber come and inspect it for damages so I can get a professional, second and unbiased opinion. That is when Gary beougher stated that the water meter is not damaged at all and it works just fine. I recorded the whole conversation and I have the conversation on my phone. So then again I want to know why I'm being falsely accused of these damages besides them Just picking on me when two people own the property bonnie foged is bias towards me because after her and her husband split up me and him had an intimate relationship. So she already holds hostile unselling feelings towards me. And as for the evidence that was submitted as proof of damages. There is no indication at all in the photos of whose water meter that is that could be anybody in long-term water meter. There's no identifying water meter number on there. There's no address, there's no house in the picture. It's just a close up picture of some water meter and that could be anybody's.This doesn't prove it's my water meter. And ask. For the pictures of the watermelon that they did submit, it's apparent that there's been water leaking because there's rust all over the lock and stuff that's in the picture. Which doesn't even matter because this is not my water meter.It doesn't prove it's my water meter.It doesn't prove nothing.It just shows that they know how to take a picture and that's it. Lastly i live at * montgomery lo gton kansas which is the property solely owned by me . * montgomery holds an rv that belongs to said co owner. I will be providing proof of this with the utility statementi got from the water company that states this these inconsistencies undermine the credibility of the city's claims. To draft a motion to dismiss based on selective prosecution, you should focus on the following key arguments: Selective Prosecution: Argue that the decision to prosecute only the Defendant, **** Church, while not pursuing similar charges against the co-owner, constitutes selective prosecution. Highlight that this selective enforcement violates the Defendant's right to equal protection under the Fourteenth Amendment.
Hi ****, here's a concise version of the motion to dismiss based on selective prosecution:
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IN THE DISTRICT COURT OF ELK COUNTY, KANSAS
STATE OF KANSAS
vs.
CRYSTAL CHURCH
Case No.: [Insert Case Number]
MOTION TO DISMISS FOR SELECTIVE PROSECUTION
COMES NOW, the Defendant, **** Church, and moves this Court to dismiss the charges against her on the grounds of selective prosecution. In support of this motion, the Defendant states as follows:
*. Background: The Defendant is charged with theft of water services and damage to a water meter at * Montgomery, Longton, KS.
*. Property Ownership: Defendant resides at * Montgomery, solely owned by her. * Montgomery is co-owned by Defendant and Kenneth Huffmaster.
*. Selective Prosecution: Charges were filed only against Defendant, not co-owner, violating the Fourteenth Amendment’s equal protection clause.
*. Lack of Justification: No legitimate basis exists for prosecuting Defendant alone.
*. Absence of Specificity: Charges lack specific dates, hindering Defendant’s defense.
*. Failure to Provide Notice: The City of Longton did not give proper notice regarding the accusations, violating Defendant’s due process rights.
RELIEF SOUGHT: Defendant requests dismissal of all charges due to unconstitutional selective prosecution, unreasonable time frames, and due process violations.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
Attorney for Defendant
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****, make sure to include any additional evidence you have, such as the recorded conversation, when filing this motion. Do you need any additional information or assistance?