No notice of trial but trial scheduled for this Tuesday

GLOBAL WARMING?
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No notice of trial but trial scheduled for this Tuesday

Unread post by GLOBAL WARMING? on

Hi Guys,

There seems to be a website for everything these days. I'm very glad such a website exists. However it's always about the informed and generous members who contribute . It is through your contributions that this site is of any use at all =)

So thanks for that!

I received a speeding ticket (27 over the limit) about 7 months ago. I went into court and filled out all the papers and submitted them in order to get a trial. The clerk told me this could take up to a year before i received a notice.

I went on with life.

Yesterday I called to check if a trial has been scheduled and was told that a trial was set and it is scheduled for this coming Tuesday.

1) I don't think the disclosure will be ready for me to review before my trial...would it? I sent in a disclosure request last night.

2) Would it be possible to reschedule the trial date at this point?
That day conflicts with a major assignment I have at work next week. However, If I can't reschedule I will attend court .


Since submitting my request for trial documents I have received absolutely nothing from the court. I pick up the mail myself and no one has had access to my mail.

Would you folks be willing to weigh in here?
What are my options?
What should / can I do?


What are your thoughts?

Allan G


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Radar Identified
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Unread post by Radar Identified on

It's unlikely the disclosure would be ready by that time. You should be able to tell the Justice of the Peace that you never received a notice of trial, but in the process of following up, you found out about it - hence the late disclosure request. Then they'll likely adjourn so you can get the information you need.

Re-scheduling... you're a little late at this juncture. Usually you'd have to provide early notice. What you could do is get a friend to represent you, or hire a paralegal just to get the trial adjourned, etc.
* 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


GLOBAL WARMING?
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Unread post by GLOBAL WARMING? on

Thank you for replying Radar Identified!

I will do what you are suggesting.

Do you think this delay & rescheduling could be attributed to the prosecution (who knows maybe an 11b ) ?

Thank you,
Allan G


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Unread post by Radar Identified on

I'm not too optimistic that the delay could be attributed to the Prosecutor (court's supposed to send the notice), but plead your case with the JP and see what they do.
* 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


GLOBAL WARMING?
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Unread post by GLOBAL WARMING? on

Hey Radar,

What tips can you give me? I've never been in front of a justice before.

What would you say to have this used against the prosecution?


Thanks you,
Allan G


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Unread post by Radar Identified on

Best way to start is to is make sure you're properly dressed (shirt & tie). Appearances really do make a big difference, and they will take you a lot more seriously. Sounds like stupid advice, but it's true. More than half of the people who show up for court are wearing nothing more professional than jeans and a sweatshirt or t-shirt. I've seen people wearing pyjamas, hot pants, t-shirts that say "F*** THE POLICE" and slogans for legalizing marijuana, tank tops and just about everything else. It may seem obvious, but you'd be surprised.

Anyway, check in with the Prosecutor before trial, mention that you were never served with a Notice of Trial, and you could not get disclosure requested in time.

When it's time to appear before the JP, you'll have your turn to speak. They'll ask you "how do you plead," and state that before entering a plea, you have not received disclosure. At that point, state in a factual manner:
- You filed a timely Notice of Intent to Appear
- You were expecting a Notice of Trial, and had every intent to put together a proper case, and appear properly
- While trying to fulfill that, you kept checking for your trial date, and were surprised to find that it had been scheduled, and you had NOT received a Notice of Trial
- You made a Disclosure Request, however you are aware of the time constraints, and it was not your intent to make a late request (you would've made a timely, straightforward request if the Notice of Trial had been properly served on you)
- As such, the late request is NOT your fault, you made every effort that a reasonable person would make to comply
- The only fair thing is to get disclosure now, and postpone the trial so it can be prepared, but the lack of proper Notice should be taken into consideration

Or something like that...
* 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


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Unread post by GLOBAL WARMING? on

Hi Radar,

Your advice is obviously spot on and the you went into great detail, I will follow it to the letter!

I have seen people here who just post nonsense as 'advice'

You are the only one who was kind enough to respond and follow up with insightful, practical detail.

You are the cream of the crop on this site!

Thank you very much,
Allan G


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Unread post by Radar Identified on

Good luck with the trial. I can't guarantee it will be successful but it'll give you the best chance...

I appreciate the feedback, but keep in mind, for the most part, people who are posting here are doing so to try to help out. Everyone has different levels of knowledge, and I've been wrong plenty of times before.
* 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


GLOBAL WARMING?
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Unread post by GLOBAL WARMING? on

Radar Identified wrote:Good luck with the trial. I can't guarantee it will be successful but it'll give you the best chance...

I appreciate the feedback, but keep in mind, for the most part, people who are posting here are doing so to try to help out. Everyone has different levels of knowledge, and I've been wrong plenty of times before.
Hi Radar,

I do agree. The folks here for the most part are fantastic. Like any forum you do have the drive by posters that post nonsense and disappear =).

Shall I give you update of what happened and the realizations I came across?

Alright:

I was shocked at the double standard that exists in the court room . Everyone demonstrated respect toward the justice and towards each other except for the crown. She actually YELLED at some folks for quietly whispering at the back of the room. Wonder what would happen to anyone of us for yelling at someone to stop whispering in a normally very peaceful and respectful court room. I do think some prosecutors get very preferential treatment and have their misbehavior totally excused at times.


The officer showed up at my trial and I explained that I didn't receive the disclosure in time. Adjournment was immediately offered. I tired to ask that the delay be attributed to the crown. I'm not sure if the justice noted it in that way.

I can't recall if the Justice or the prosecutor who suggested that I follow the officer outside the courtroom to the prosecutor's office to fill out a disclosure request. I was told that the officer would immediately give me the disclosure upon filling out a disclosure request form.

I followed the officer down stairs but then thought that I might be better off not filling out the prosecutors form. I also wanted typed notes that I could understand. I told the officer that I would fax my request in and we respectfully parted ways.

I have sent in my disclosure request (fax) to the 2700 Eglington prosecution office twice already and nothing. had been received back. One of the disclosure request forms had my phone number and mailing address, The second one had just my address.

I have 2 fax confirmations that my fax automatically prints after every fax I send. They both show the fax number , date, time,# of pages, and success of transmission.

Was it a mistake to not hand in the disclosure request in person at the time the officer and I were at the office? Will I be in trouble when the trial date comes for not doing this if I have not received disclosure and be forced to take the disclosure as it is offered to me at trial same day? My trial is in 6 days.

Anything I can/should do at this point?


Thank you kindly,
Allan G






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