OHTA.ca

Ticket date: August 16

Trial request: August 29

So I just got my trial date, March 28, 2014, I have a couple of questions:

1. When does the 11b clock start? When I got the ticket, or when I requested trial, not so much an issue since it was only 2 weeks apart, but good to know.

2. I was thinking of 'encouraging' things to take more time by waiting to request disclosure, then requesting an adjournment because I won't have it yet. Placing the delay on the fault of the crown, and possibly delaying my case past the 11 or so months that would constitute a not-so-speedy trial. Are my assumptions here correct? Would they laugh at me because I waited until just a week before the trial to request disclosure?

3. Assuming all of the above checks out, when does one mention an adjournment request? At the trial, or when checking in with the prosecutor? Will I know if the cop has shown up before having to request the adjournment?

Thanks in advance for any help!

saxy wrote:

2. I was thinking of 'encouraging' things to take more time by waiting to request disclosure, then requesting an adjournment because I won't have it yet. Placing the delay on the fault of the crown, and possibly delaying my case past the 11 or so months that would constitute a not-so-speedy trial. Are my assumptions here correct? Would they laugh at me because I waited until just a week before the trial to request disclosure?

It doesn't work like that. You're going to be seen as the cause for delay, not the other way around. You're going to need to give them at least something closer to 2 months, never mind one week.

bend wrote:

It doesn't work like that. You're going to be seen as the cause for delay, not the other way around. You're going to need to give them at least something closer to 2 months, never mind one week.

That's what I was worried about. So I need to give them 2 months to put it together? To be honest, that seems excessive, but if that's what's necessary, then I'll request in January.

What about the other things? Will I know if the officer has shown up by the time I need to request an adjournment (assuming they fail to provide disclosure in time)? I understand it's unlikely, but I might as well try everything in this case.

If you've received your trial date you should be requesting disclosure right now. Then making sure it's complete and asking for anything they may have forgot or any clarification you may need with regards to the officers notes like short forms being used.