OHTA.ca

Hey everyone! Need some major help here as I think I'm way over my head on this issue.

So I got a Disobey Stop Sign 136 (1)(A) on Dec 18th 2011. I filled to go to trial 12 days later and received my Notice to Appear with a court date for late Sept this year. A month beforehand, I sent a request for disclosure through registered mail to both the court office and the issuing ticket office in Toronto. By trial I had not received my disclosure still and the prosecution said it was due to me not addressing it to the corresponding court letter room (But I sent it to both locations.....). Anyhow, court was adjourned due to me not having disclosure at fault of the Crown. Now I'm coming up to the new date for the 1st week of December and was thinking of filling an 11b (I have 5 days to do it) since it would be aprox 11 1/2 months till I can represent myself. I still have not received disclosure, and I have even requested it again last week. I'm worried about a few things;

1. I do not have a transcript of the last hearing in Sept to prove that this was adjourned due to the Crown. Do I have to have that with me?

2. What happens if I get to the court house and I decide to plea for a lesser fine to a municipality by-law infraction 32-92 pre trial or the officer does not show, but I have an 11b already served? Do I have to continue with my 11b?

3. Am I better off just hiring a paralegal?

If anyone can get back to me asap, that would be awesome. I have a clean record and I need to keep it that way for my career or I risk losing it.

Thanks!

deeski wrote:1. I do not have a transcript of the last hearing in Sept to prove that this was adjourned due to the Crown. Do I have to have that with me?

Yes.

deeski wrote:2. What happens if I get to the court house and I decide to plea for a lesser fine to a municipality by-law infraction 32-92 pre trial or the officer does not show, but I have an 11b already served? Do I have to continue with my 11b?

Nope. You can plea bargain at any time.

deeski wrote:3. Am I better off just hiring a paralegal?

Your call. More expensive, but they've got certain obligations and responsibilities. Plus, odds are they'd make sure the paperwork is properly filed.

You are on the borderline of getting the 11b accepted. I'd go for it if I were you, but that's not my call to make.

Thank you so much Radar! I'll update everyone on how things work out

Please also check out our "Courts and Procedures" section for stuff on filing 11b...