Search found 7 matches
- Sat Aug 27, 2011 5:06 am
- Forum: Courts and Procedure
- Topic: Enough for 2nd trial adjournment?
- Replies: 2
- Views: 1974
Re: Enough for 2nd trial adjournment?
As a regular civilian though, if I don't have previous knowledge about those short forms, is it the Crown's responsibility to explain those short forms in order to fully prepare my defense? And if they don't give me an official explanation, can the lack of explanation be used against the Crown to prove that my right to "full disclosure" has not been met?
- Thu Aug 25, 2011 9:44 pm
- Forum: Courts and Procedure
- Topic: Enough for 2nd trial adjournment?
- Replies: 2
- Views: 1974
Enough for 2nd trial adjournment?
Just wanted to know whether my approach is right, or my argument is strong enough for the JP to adjourn the trial to another date. Timeline: November – Offense Date Received notice of trial in January, sent in disclosure request few days later March - Trial proceeded, but as I did not have disclosure, trial was adjourned to September and I got a photocopy of the officer notes. June - Faxed Additional Disclosure Request (13 weeks, 3 months before trial date) July – Sent Additional Disclosure request via the Prosecutors office (8 weeks before trial date) September - Tri...
- Sat Mar 05, 2011 10:58 pm
- Forum: Courts and Procedure
- Topic: Didn't get disclosure -> Trial adjournment?
- Replies: 6
- Views: 10060
Re: Didn't get disclosure -> Trial adjournment?
Not to thread jack or anything, but isn't it better NOT to talk to the prosecutor beforehand about the adjournment? From what I read - commonly the prosecutor would usually try to bluff and tell you to take plea deals - moreso when they have lack of evidence or the officer isn't present so they wouldn't have to withdraw the case once called up. Isn't it beneficial to wait until the proceeding commences so when you are called up and the officer isn't present or they don't have proper evidence - the prosecutor would say "they don't have sufficient evidence" and withdraw the case in fro...
- Thu Mar 03, 2011 3:59 pm
- Forum: Courts and Procedure
- Topic: Didn't get disclosure -> Trial adjournment?
- Replies: 6
- Views: 10060
Re: Didn't get disclosure -> Trial adjournment?
I have exactly the same train of thought and question as you. My trial is in a few weeks with no disclosure handed to me.
Could anyone care to elaborate the procedure? When should the adjournment be said, if the cop doesn't show, etc.
Could anyone care to elaborate the procedure? When should the adjournment be said, if the cop doesn't show, etc.
- Mon Feb 21, 2011 8:41 pm
- Forum: Careless Driving
- Topic: Careless Driving - with 3-Day Suspension alcohol warning
- Replies: 7
- Views: 6305
Filing Improper Disclosure and Negotiating a deal
Hi all, I got a Careless Driving charge back in late November (posted it in the C. Driving forum) and my court date is in late March. I received my court letter late Jan, and filed two disclosure request a few days after and early Feb. I still haven't received anything yet, and the clerk said it would take 6-8 weeks which 6 weeks would be 2 weeks before my court date, and 8 weeks being the week my court date is on. My question is, what's the unwritten "deadline" or timeline for a stay of improper disclosure to take place? If its ready to be picked up on the 6th week, 2 weeks before c...
- Sat Nov 20, 2010 9:19 pm
- Forum: Careless Driving
- Topic: Careless Driving - with 3-Day Suspension alcohol warning
- Replies: 7
- Views: 6305
Re: Careless Driving - with 3-Day Suspension alcohol warning
Hey hwybear, thanks for the reply and clarification.. my next question is, could the prosecutor use that against me (the 3 day warning) during the trial to accuse me of negligence and not having due care?
- Sat Nov 20, 2010 7:25 pm
- Forum: Careless Driving
- Topic: Careless Driving - with 3-Day Suspension alcohol warning
- Replies: 7
- Views: 6305
Careless Driving - with 3-Day Suspension alcohol warning
Hey guys, I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over. Background details: I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to borderline 90-100 and moved to the middle lane, and they followed (without lights flashing) where he finally flashed and pulled me over. The cop smelt some alcohol and asked me to do a breathalyser test. Go...