How to file an 11B

iFly55
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Re: How to file an 11B

by: iFly55 on
Mon Oct 06, 2014 2:50 pm

Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html

Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.

If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.

S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.


Millstone
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by: Millstone on
Mon Oct 06, 2014 2:55 pm

iFly55 wrote:Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html

Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.

If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.

S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.


coldanca
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by: coldanca on
Wed Oct 08, 2014 8:29 am

Hello
I am getting ready to file a 4F under section 7 and 11b.
Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date)
My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument?
Please advise, as I need to file the paperwork by this friday October 10th.
Thank you


Millstone
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by: Millstone on
Thu Oct 09, 2014 9:28 pm

Millstone wrote:
iFly55 wrote:Unfortunately, you can not give the prosecutor's office a generic list; you have to be specific. Generally for speeding you can only ask for the officer's notes and a copy of the speed measuring device's manual: http://www.ontariohighwaytrafficact.com/topic2959.html

Prosecutor's office can ignore long-winded requests and force defendants to explain to the JP how each and every individual request item is relevant to their charge.

If the courts believe your disclosure request is a fishing expedition, and you're overwhelming the prosecution with frivolous items then this can backfire on you.

S7 charter challenge would not be entertained, and future adjournments will count against you and not the crown.
All I got last time was officers notes, cpic report, radar manual. I understand that's all they probably have, but at this time 2 requests have gone unanswered.
They sent me a letter saying they don't mail disclosure (BS) and I could get it emailed, faxed or picked up. I called the number and requested it be emailed then as I don't have time to attend; I'm away with work all the time.




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