blackdog wrote:I need some advice and help on this.
my court date is June 26. I was charged with 142(1) turn not in saftey on March 11. I have asked for disclosure via postal mail in April and hand delivered on June 1st. I have not recieved disclosure.
I filed a motion to change my court date and I need to attend the court on june 19.
My question is, can I also file a section 7 using form 4F for non-disclosure at the same time ?
Form 4F needs to be filed 15 days before the trial date, it's already too late.
You can go to court on that day, if the cop is there and the prosecutor wants to proceed with the trial you can tell the JP that you have not received disclosure, the JP should give you another trial date. don't forget to bring receipts of request for disclosure.
If the cop is not there, don't take the plea bargain, just wait till you are called in front of the JP, if the prosecutor does not withdraw the charge, plead not guilty, he will then have to withdraw the charge or adjourn the trial because of cop no-show.
I also want to comment that if you were to file form 4F, if it is denied and the cop is not there, the trial may be adjourned and you will have to return another day.
Without filing form 4F and cop no-show you leave the door open for the trial to proceed on that day and get the charge withdrawn (at least an adjournment) on that day (only do this when you have not got your disclosure therefore you are guaranteed with an adjournment). So a bit of a gamble there. Anybody correct me if i am wrong on this.