motion to stay the charges

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Emad
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motion to stay the charges

by: Emad on
Fri Jan 28, 2011 12:48 pm

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
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Simon Borys
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by: Simon Borys on
Fri Jan 28, 2011 4:09 pm

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.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.
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Emad
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by: Emad on
Mon Mar 14, 2011 4:22 pm

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
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Stanton
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by: Stanton on
Mon Mar 14, 2011 4:47 pm

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.
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Emad
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by: Emad on
Thu Jun 16, 2011 12:57 pm

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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