Motion to stay the charges
Hi, first time for me here and thank you for such a helpful site.
My question is: I sent a disclosure request and I still didn't get any response. The question is: there is only 20 days left till the trial, is this the time to file the stay charges motion?
Thank you so much
Re: Motion to stay the charges
You don't necessarily get the charges stayed just because your trial came and you didn't have disclosure yet. You usually ask for disclosure again at that point and the JP orders the crown to disclose and the case gets adjourned.
Re: Motion to stay the charges
thank you so much, appreciate the help
Two issues in received disclosure
I just received the disclosure today, 14 days before the court date. The officer's notes are impossible to read and they also enclosed my ticket history since 2003.
Questions are: should I send a second disclosure request asking for typed notes (I asked for this in my first request and it seems that it has been ignored)? second question is: do the prosecution have the right to include my tickets history since 8 years ago? Doesn't that represent some kind of bias in the court?
Thank you so much for the help
Emad
Re: Two issues in received disclosure
Emad wrote:
Questions are: should I send a second disclosure request asking for typed notes (I asked for this in my first request and it seems that it has been ignored)?
If you honestly can't read them, then you could request a typed copy. Typed versions aren't automatically provided with every request, you have to show they're required.
Emad wrote:
second question is: do the prosecution have the right to include my tickets history since 8 years ago? Doesn't that represent some kind of bias in the court?
They can go back as far as they want. It shouldn't introduce any bias since the JP won't be aware of your past convictions unless you're found guilty and the Crown then advises them. Past convictions really only come into play during sentencing.
Re: Two issues in received disclosure
Thank you. I really cannot read anything; I can hardly decipher one word every sentence. Thanks again for such useful forum
What is the procedure to file a motion
I received a disclosure form Burlington court but the handwriting of the officer was illegible. I requested a typed notes from the prosecutor and he informed me that I need to file a motion for this. How can I proceed please?
Thank you for your help
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