Here is my quick story: Got a cell phone ticket January 23rd, 2012. That afternoon, I chose to file the tix for trial. Did not receive my court date till January 11th 2013 ( almost a year since I filed).
After 2 disclosure requests were not given to me, the day of my trail, I told the prosecutor that I did not receive my request. I was accused of lying. During a recess, the prosecutor did found my request in the computer and gave it to me while it was mine turn to stand in front of the judge. He said now that he has given me my documents, he is prepared to go to trail. The judge asked me what I wanted to do and I asked for an adjournment, and the judge smiled and said I suspected you would and it was adjourned till Feb 20th.
In the meantime, I did all the paper work to file an 11b. When I had everything ready to go, I went down to the court house, with my affidavit and my booklets to get stamped.
Fast forward to Feb 20th. I meet with the prosecutor before the trail and asked me what I want to do. My paper work is sitting on his desk and acts like he didnt know I what my intentions were. I told him I am asking for a stay of proceedings. He acted like he did not have any info about my case and told me to sit down.
Anyway, during my turn in front of the judge, again the prosecutor did not mention the stay of proceedings. I had to interrupt the judge when I was asked if I pled guilty or not to tell him my intentions. He was not pleased. He told me it was a minor offense and I was wasting the courts time with trivial things like this. When I tried to intervene, he told me that in R. v. Morin there we not set time as to the length an 11b would qualify. My stay was denied, I pleaded guilty to a lessor fine and left the court with my tail between my legs.
So my question is can I appeal this decision.
Any help would be greatly appreciated!
If you pleaded guilty what is it exactly that you want to appeal? The case was disposed of by way of a plea so that's the decision you would have to have over turned. A guilty plea can be revoked, but it is not easy to do. That's probably something that would be good to have a lawyer or paralegal for.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
what court office was this?
Sorry, i didn't word this correctly. Can i appeal the 11b decision? I was told that i had to plead guilty to the charge and then file an appeal for the 11b. Is this true and how can i find any info on how to do this?
The Court is the Region of Halton, Burlington.
marisa242 wrote:Sorry, i didn't word this correctly. Can i appeal the 11b decision? I was told that i had to plead guilty to the charge and then file an appeal for the 11b. Is this true and how can i find any info on how to do this?
yes, you can appeal any decision, but the path is arduous, lots of paperwork and transcripts to order...
I don't know the details though.
One of the paralegals on here might correct me but I think if something like this happens you are better off to plead not guilty, even if you don't have much of a case. I believe it is a lot more strait forward to appeal a conviction then it is to try and get a plea bargain over turned.
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