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Option 2 Early Resolution - good idea?
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PostPosted: Fri May 18, 2012 10:49 pm 
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Joined: Thu May 10, 2012 7:12 pm
Posts: 6
:? Recently got a ticket, and I am picking the option 2 to see what the prosecutor has to offer. But, I was wondering if I give away what I am planning to argue on the court, wouldn't the prosecutor use it against me if the meeting is unsuccessful? And, if I don't talk about what I am planning to argue, how would I get the prosecutor to give the best offer?

I was also wondering if anyone was ever able to persuade the prosecutor to drop the ticket on the first attendance meeting? If yes, can you share how you did it?

Thanks!


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Re: Option 2 Early Resolution - good idea?
PostPosted: Sat May 19, 2012 10:33 am 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 349
if there is no reasonable prospect for conviction they will withdraw the charge

this includes lack of evidence, or the officer erred big time with procedures


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Re: Option 2 Early Resolution - good idea?
PostPosted: Sun May 27, 2012 12:12 pm 
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Joined: Sat May 26, 2012 8:12 am
Posts: 18
The prosecutor can't literally use what you say during the resolution meeting against you. Discussions between counsel for the purpose of out-of-court resolution of an existing matter is priveleged and cannot be used in court.

The worst case scenario for you is that he prosecutor will know what you will say, and might prepare for it (i.e., you lose the element of surprise). But that means the prosecutor will take note of it for his collegues, since there is no guarantee of who will prosecute that case once it gets to trial. Also the prosecutor may be prompted to seek any additional evidence ahead of time to refute your defence.

Generally speaking, crown prosecutor are weary of using what you say at the resolution meeting to prepare their case, because there is no guarantee that this will be your defence once the case comes to trial, and if you change the defence, then the rug will be swept from under the feet. Unlike appeals where your factum will detail out your case that they get to respond to (or reply to depends on what the case might be).

Having said that, you know that City prosecutor that handle traffic matters aren't counsel most of the time, therefore they may still do the opposite of what a decent lawyer for the crown would do.


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