OHTA.ca

I am contesting a speeding ticket and am banking on the possibility that the cop wont show up.

My main concern is how do I determine whether the cop is there without losing the option to bargain with the prosecutor for a lesser charge?

More specifically, if I wait until my trial begins to determine if the cop/witness is present, and if he is, will I still get a last chance to bargain with the prosecutor before he presents his argument?

My original plan was to talk to the prosecutor before the trial and ask him then, but he may not be able to give me a definitive answer (e.g. officer has not arrived).

For those who've been there, please walk me through those last few crucial moments before the actual trial begins so that I know what to expect.

I apologize if this issue has been addressed in other posts; if so, let me know about them. Thanks

Depends on where the ticket was issued. Here all of our court is scheduled for our day and afternoon shifts so court is just part of us going to work.

Plus if we miss court we can get done up by PSS on charges. So for us do not count on us not being there.

GS

Read this.

Thanks for the info guys, but I'm not so much interested in whether the officer will show up, but rather whether I still have the option to talk to the prosecutor once my turn is up and I learn that the officer is present.

In other words, can I do the following: before the trial, talk to the prosecutor and see what he has to offer; then tell him "I'll think about it" and wait for the judge to call on me; then finally, if the officer is present, go to the prosecutor and accept his offer? or do I only have the chance to talk to him before I am called upon by the judge or whoever?

Also, If anyone has links to posts describing in detail the exact order of events on a trial day, please post. Thanks

It's not necessarily one way or the other. But you lose your leverage for a plea bargain the closer you get to the trial, especially if they've gone through the trouble of having the officer and witnesses attend court. The purpose of a plea bargain is to reward people who accept responsibilities for their actions early on in the process and spare the justice system the expenditure of time and resources on their case. If you're just trying to play the system you're probably not going to get as good a deal.

OK, I think I wasn't being clear enough. When I say "talk to the prosecutor before the trial", I mean to say before they start dealing with "not guilty" pleas on the day of the trial. In other words, I remember reading somewhere that the prosecutor will attempt to talk to me both before my scheduled time, and once again when I am called on (BOTH on the day of the trial). I'd just like to verify that this is in fact the case for everyone, so that I know whether I can wait until the last moment to decide whether to accept an offer, knowing the officer is present. That's the main thing I'd like to know.

aoex wrote: I remember reading somewhere that the prosecutor will attempt to talk to me both before my scheduled time, and once again when I am called on (BOTH on the day of the trial).

Depends, but for the most part, that is true. When you get to court, you will check in with the Prosecutor, and a deal will usually be offered (depending on the charge/circumstances/etc). At this point, the best thing to do is say "let me think about it." See what else is going on. When your time comes up, the Prosecutor will probably approach you again, if you have not accepted the deal. Keep in mind, many Prosecutors will try the bluffing/intimidation tactics early on to try to prod you into taking a deal, whether the officer is present or not.

There is also the possibility of a First Attendance meeting, but that's a different story.