Can you talk to prosecutor again?

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Joined: Sun Mar 03, 2013 7:14 pm

Can you talk to prosecutor again?

by: thestudentparalegal on
Sun Mar 03, 2013 7:38 pm

Hello Everyone,

I have this question for those who have been familiar with the court procedure while going to the trial.

My friend got a ticket recently for Disobey Sign (U Turn) under section 182(2) with 2 demerits points. She showed me the pictures of the turn which had 2 big "New" signs on them. Though she hesitated for a moment but decided to take the turn and as soon as she completed it , she was caught by the police officer. So here are the set of questions which might help her.

1) Do you think there is some defence to her charge, if she decides to go for the trial?

2) What kind of charges she should expect to be reduced, if she goes for early resolution or guilty plea with submission? ( I don't know what do they call this option in Brampton). She has just one speeding ticket before ( six months back, paid with guilty. 10-15km/hr in the zone for 60 km/hr, no demerits points)

3) If she chooses the option to talk to prosecutor for early resolution and doesn't get a reasonable option from prosecutor can she file then the Notice of intention to appear after that? (She still has 2 days left from her 14 days) .

To be specific on this one- > Will she get another chance before the trial to guilty plea with submission, if she chooses to go for trial, or her option would be exhausted once she speaks with prosecutor and doesn't take the offer from prosecutor at this time?

4) Does anyone knows if she has to take an appointment to meet the prosecutor or she can walk in anytime?

I hope someone could answer them in detail.

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Simon Borys
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am

by: Simon Borys on
Wed Mar 06, 2013 11:46 pm

If you plead guilty with an explanation before a JP you cannot plead guilty to a different charge. The JP has no jurisdiction in that case to change the offence to something else. You can only make submissions about sentence (fine amount). If you have a resolution meeting with the prosecutor, you can talk about a lesser charge or a lesser fine. They have the ability to have the certificate amended.
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