I just came back from court with a draw... didn't win and managed to adjourn it to another date for lack of disclosure... the 11b got quashed because I failed to demonstrate prejudice. i've reviewed ticketcombat and in my opinion i've verbalized all those points with regards to time, time to delay (12 months + 25 days), systematic delays compared to other jurisdictions where they're able to get to court within 4-6 months, length of delay affects memory, availability of witnesses and other evidence... after court the crown and the cop both said I gave it a good try after hearing it was my first time, which was somewhat of a consolation but i'm still pissed that I haven't learned anything from this process. how to demonstrate prejudice? was it merely what I stated was not presented in a proper fashion? or was i missing actual content? how to structure a proper argument that i've suffered prejudice?
I just came back from court with a draw... didn't win and managed to adjourn it to another date for lack of disclosure... the 11b got quashed because I failed to demonstrate prejudice. i've reviewed ticketcombat and in my opinion i've verbalized all those points with regards to time, time to delay (12 months + 25 days), systematic delays compared to other jurisdictions where they're able to get to court within 4-6 months, length of delay affects memory, availability of witnesses and other evidence...
after court the crown and the cop both said I gave it a good try after hearing it was my first time, which was somewhat of a consolation but i'm still pissed that I haven't learned anything from this process.
how to demonstrate prejudice? was it merely what I stated was not presented in a proper fashion? or was i missing actual content? how to structure a proper argument that i've suffered prejudice?
Prejudice relates to the general stigma attached to being accused of a crime and having that label for longer than necessary and also to any specific prejudice you suffered (like you lost your job because you had been charged or were unable to move on with your life, etc).
Prejudice relates to the general stigma attached to being accused of a crime and having that label for longer than necessary and also to any specific prejudice you suffered (like you lost your job because you had been charged or were unable to move on with your life, etc).
Prejudice is one thing. But you could demonstrate that your right to a speedy trial was violated.
Prejudice is one thing. But you could demonstrate that your right to a speedy trial was violated.
* 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
Speedy trial is the issue. What is considered speedy is not set in stone despite popular belief. You have to demonstrate prejudice preventing speedy trial...
Speedy trial is the issue. What is considered speedy is not set in stone despite popular belief. You have to demonstrate prejudice preventing speedy trial...
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