Disclosure requested 3x, want to file a motion

zeeden
Newbie
Newbie
Posts: 11
Joined:

Disclosure requested 3x, want to file a motion

Unread post by zeeden on

Hello everyone,

I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.

I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.

My trial is in 11 days, what do I do?

Also my Notice of Trial form has the incorrect plate, will this help me at all?

Thanks
Last edited by zeeden on Wed Nov 17, 2010 2:53 pm, edited 1 time in total.


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

When you go to court make sure you have the fax confirmations with you. If you are handed your disclosure immediately before the trial, wait your turn and ask the JP for a stay due to lack of disclosure. It probably won't happen but you will mostly get a continuance to look over the documents. This could be weeks or months, depends on where you are. Anywho, if you start to get close to the nine month mark then your can file a file form 4F, right to a speedy trial. Check ticket combats site for details, good luck.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


zeeden
Newbie
Newbie
Posts: 11
Joined:

Unread post by zeeden on

I'm such an idiot!

I got a call today from the prosecutors office telling me that the disclosure is ready for pick up.

The first fax I sent I did not put a phone number down, the second request I put the phone number down forgetting the advice from ticketcombat.ca.

Can I still ask for a disclosure even though the case is 10 days away? DOH! :oops:


User avatar
Reflections
Moderator
Moderator
Posts: 1490
Joined:
Location: somewhere in traffic

Moderator

Unread post by Reflections on

10 days is not a lot. You want to ask for is a continuance, time to look over the evidence, since during your 10 days you also have to work and sleep...etc. You should get it.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


zeeden
Newbie
Newbie
Posts: 11
Joined:

Unread post by zeeden on

*UPDATE*

I picked up my disclosure from the prosecutor today and today was also the day of my trial.

When I looked over the disclosure, they had a photocopied the wrong ticket.

There was also a "transcription of notes contained on the POT notice (short hand transcription)" Not sure what a POT is, but I'm assuming its a copy of the officer's notes. The car mentioned in these notes is a car I have never driven nor owned in my life.

So obviously someone messed up and gave me the wrong disclosure.

I didn't want to go to trial because I was afraid that the police officer would be able to locate his original notes and give testimony to it.

I requested another trial date because at least this way I can see if I can get this case dismissed based on inadequate disclosure. If not, at least I can plea to a lesser charge next time.

Can I file a motion at this point to have the charges stayed because of incorrect or inadequate disclosure?


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

Before you can do that, you'd have to file another disclosure request, indicating that this one was inadequate or improper. If they then fail to comply, file the motion. But make one last attempt. That should be enough to CYA and hopefully the JP agrees that the Crown goofed.
* 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


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined:
Contact:

Unread post by Simon Borys on

POT = Provincial Offences Ticket

a.k.a. PON (Provincial offences notice)

It's not the officer's notes unless it's referring to notes he wrote on the back of the ticket.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


zeeden
Newbie
Newbie
Posts: 11
Joined:

Unread post by zeeden on

So, my trial is on December 3. I made a request for the correct disclosure for my trial, still haven't received anything yet. This is total 3 requests for disclosure so far.

I am going to file a motion, any suggestions?

What is the best way to file a motion to make sure the judge gets it? I do not want to risk this case being adjourned again, I want this over with.

Below is a recap of my situation:

On April 14, 2010 I requested disclosure from the Crown. I did not get a response from the Crown.

On July 6, 2010 I made a second request from the Crown. This time I did receive a phone call approximately five business days before my trial was set to be heard that the disclosure was ready to be picked up. Since I work during the days and was given late notice, I was not able to make arrangements to be able to pick up the disclosure before the trial began so I decided to pick up the disclosure on the day of the trial.

On August 16, 2010 before trial was set to begin I was given the disclosure. The disclosure I received was incorrect. I was given disclosure for the wrong offence. Due to this, I requested an adjournment because I could not properly defend myself because I was given the wrong disclosure. I required time to request the correct disclosure to properly defend myself.

On September 14, 2010 I requested for the correct disclosure. I indicated to the prosecutor’s office that the disclosure that was given to me was from offence notice.

The trial is in 16 days.


User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined:
Location: Toronto

Moderator

Unread post by Radar Identified on

How long ago did you first file for a trial?
* 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


zeeden
Newbie
Newbie
Posts: 11
Joined:

Unread post by zeeden on

the trial was filed for I believe in September 2009 soon after my ticket.


ME AGAIN
Jr. Member
Jr. Member
Posts: 30
Joined:

Unread post by ME AGAIN on

zeeden wrote:So, my trial is on December 3. [/i]
Any update now that your trial date has come and gone?


zeeden
Newbie
Newbie
Posts: 11
Joined:

Unread post by zeeden on

So I filed the charter application base on right to disclosure, but I did not need to use it.

So, before entering the courtroom everyone lines up to speak to the prosecutor to make "deals". This prosecutor says to me she can bring down the charge, so I'd lose no demerit points and pay a lesser fine blah blah blah... I said no, I would like to go to trial to speak to the judge. She says "were you going over the limit or not". I tell her I would like to speak to the judge. Then she says "all I have to do is prove that you were driving over the speed limit". I say politely, "I still would like to speak to the judge". She says "if you're willing to lose 3 demerit points the that's fine with me".

In the courtoom, I patiently waited until all the paralegals and people who plead guilty went first. After an hour of waiting there was a recess.

During the recess, The prosecutor called up all remaining defendants and police officers to see who was still present. During this, I witness something that was probably not unsual but what I thought was unprofessional and possibly unethical. She was giving advice and her own "legal opinion" in regards to cases and was asking officers to review evidence over with the defendents. In one case, she said to a defendant "i've been to that intersection, I know how it looks like, you cannot turn the way you did". She also basically said "if you don't plead guilty then you will pay the full fine of $500. If you plead guilty now I will reduce that fine" Basically, that persuaded guy enough to change his mind and just plead guilty.

When it came to me again, I told her that I wasn't going to plead guilty and that I was given the wrong disclosure. Then the cop that pulled me over chimes in and says "what's his name?" He starts flipping through his notes to start spewing his evidence to the prosecutor. The prosecutor, looks at the wrong disclosure I recieve and says you should have told me sooner this could have save you time. Not only your time but my time and the officers time. The crown requests that my charges be withdrawn. DONE

This prosecutor wanted to avoid trial like the plague. She got into an argument with another defendant, luckily the defendant stayed and went to trial. I hope she won.

THREAD LOCKED - Court completed
HB
HTA Moderator






Locked

Return to “Courts and Procedure”