I got a ticket for improper left turn I was at my trial day today and the cop is there today, i was right on time and court just started, so I didnt get a chance to speak to the prosecutor...however when court almost reach to the end prosecutor call me over and offer me for reduce and i decide want to proceed with trial, but she mentioned it might not have enough time today,,,, so to the end i been reschdule to another trial date, but prosecutor tells me to file 11B . after reviewing some froum here, find out its quite a bit of journey to file all the paperwork..... My question is if I show up at my next trial day and decide to plea quilty and ask for reduce, do i still have to file 11B ? Second question is that say if I file the 11B , if the cop shows up ...do i have chance to win the case?
thanks in advance ~
- If you plead guilty the case is doneekuo wrote: My question is if I show up at my next trial day and decide to plea quilty and ask for reduce, do i still have to file 11B ? Second question is that say if I file the 11B , if the cop shows up ...do i have chance to win the case?
- There is always a chance to win the case if you can challenge the evidence properly. It all depends if the 11b is accepted or not. If accepted then you're good to go and more trial, but if not then you will have the trial go ahead.
You've just been handed the winning ticket that most people hope for! lol so don't plead guilty! That'd be like winning the lottery and throwing the ticket away!
If your unfamiliar with how to file an 11b, or don't have the time, consider paying a paralegal to do it for you. I did, it cost me $50. Plus, that way the courts will know it was done correctly.
The cop showed up for my second trial date, but when my 11b was presented, they threw my case out. I wasn't even in the court office for 5 minutes. And my case was less concrete than yours.
*** Maybe you don't understand what an 11b form is - basically, in Ontario you are garunteed the right to a speedy trial. If your case takes too long to get to trial, or your trial date gets adjourned and it's the courts fault, like in your case, the courts have not given you a speedy trial, and filing an 11b states (in layman's terms) that the court has violated your rights and your case should be thrown out due to the injustice of it all. The time frame for a speedy trial is roughly within 8 months + 2 months for admin purposes from your offence date. I'd assert that if it's taken longer than year for your case to get heard in court, you have a pretty good chance of having it thrown out.