Re: Disobeyed a sign? Need some advice please...
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Radar Identified
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Posted: Fri Feb 18, 2011 9:38 pm |
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Joined: Mon Sep 08, 2008 8:26 pm Posts: 2536 Location: Toronto
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I'd leave the phone # in. If they fail to provide the disclosure, if you provided your contact information and asked them to contact you if more detail/info is needed, this helps... particularly in front of the JP.
_________________ * The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. * http://www.OntarioTicket.com OR http://www.OHTA.ca
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Failing to obey sign -- disclosure help
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karent
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Posted: Mon Feb 28, 2011 7:00 pm |
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Joined: Thu Apr 29, 2010 5:50 pm Posts: 12
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I've written my disclosure letter. On the envelope, who do I address it to? Do I just put the courhouse address? Or do I address it to the prosecutor?
thanks!
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Re: Failing to obey sign -- disclosure help
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Simon Borys
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Posted: Mon Feb 28, 2011 11:52 pm |
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Joined: Fri Apr 30, 2010 10:20 am Posts: 978
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Call your courthouse and ask. Different jurisdictions do administrative things differently. # should be on the back of the ticket.
_________________ Former Police Officer, Law Student, and aspiring Criminal Lawyer http://www.SimonBorys.ca - Bio and Blog
NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.
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karent
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Posted: Thu Jun 02, 2011 2:17 pm |
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Joined: Thu Apr 29, 2010 5:50 pm Posts: 12
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So I had my trial and I decided to plea not guilty. The judge said that he'd have to have me come back as there is no time for my trial today. So, he's set a trial date for me. From the date I got charged, to the date of my trial will be 19 months. Can I file for an 11b? An 11b is where my right to a speedy trial has been violated right? Is it better to do that, than fight the charge ?
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karent
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Posted: Thu Jun 02, 2011 2:32 pm |
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Joined: Thu Apr 29, 2010 5:50 pm Posts: 12
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to find out about highway signs in Toronto? I want to find out what the intention of a sign found on the exit ramp of the 401, as it is very confusing?
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Simon Borys
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Posted: Thu Jun 02, 2011 4:27 pm |
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Joined: Fri Apr 30, 2010 10:20 am Posts: 978
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That's probably some branch of MTO. I don't think it's they city's responsibility to erect signs related to the Highway Traffic Act.
_________________ Former Police Officer, Law Student, and aspiring Criminal Lawyer http://www.SimonBorys.ca - Bio and Blog
NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.
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Simon Borys
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Posted: Thu Jun 02, 2011 4:28 pm |
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Joined: Fri Apr 30, 2010 10:20 am Posts: 978
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You do both. Usually you file the 11(b) and it is scheduled to be heard the day of trial. So if you're unsuccessful with that, the trial proceeds as normal. If they can't fit it in on the day of, they will schedule it for an earlier date to be heard separately. Again, if you lose then, trial proceeds as normal.
_________________ Former Police Officer, Law Student, and aspiring Criminal Lawyer http://www.SimonBorys.ca - Bio and Blog
NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.
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Re: Disobeyed a sign? Need some advice please...
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Radar Identified
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Posted: Thu Jun 02, 2011 8:27 pm |
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Joined: Mon Sep 08, 2008 8:26 pm Posts: 2536 Location: Toronto
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Also would like to mention... if the 11B fails (which, in your case, is unlikely if the paperwork is properly done) the Prosecutor may still offer to resolve it without a trial on the actual charge itself. With the back log in the Toronto court system, if the Prosecutor sees an 11B motion and it is 19 months delay, you're looking at a very good chance they will simply withdraw. Just make sure that you order court transcripts from your appearance today, and include them in your 11B filing.
_________________ * The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. * http://www.OntarioTicket.com OR http://www.OHTA.ca
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Re: Disobeyed a sign? Need some advice please...
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karent
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Posted: Fri Jun 03, 2011 7:52 pm |
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Joined: Thu Apr 29, 2010 5:50 pm Posts: 12
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Thank you Simon and Radar Identified. So I just want to make sure. I went to court and they asked me how I would plea. I said, "not guilty". The judge says that there is no time to hear the case, and I'd have to come back x date. So the OFFENCE committed date to my trial date is a total of 19 months. So that's grounds for an 11b right? Also how do I order court transcripts?
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Re: Disobeyed a sign? Need some advice please...
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Simon Borys
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Posted: Sun Jun 05, 2011 12:59 pm |
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Joined: Fri Apr 30, 2010 10:20 am Posts: 978
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19 months delay is likely grounds for an 11(b) if the delay is attributable to the crown or institutional. Procedure for ordering transcripts varies from jurisdiction to jurisdiction. You'll have to contact them for more info.
_________________ Former Police Officer, Law Student, and aspiring Criminal Lawyer http://www.SimonBorys.ca - Bio and Blog
NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.
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