Do I qualify for 11b

sandyx
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Do I qualify for 11b

by: sandyx on
Sun Mar 20, 2011 6:09 pm

Guys,

Here is my timeline:
Offence 30 March 2010
Request for disclosure: 14th Oct 2010
Court Data: 10 Jan 2011
Disclosure was not provided before the trial. At the trial the prosceutor provided the disclosure and then the judge asked if i need to have time for preparation. I said yes and new court date set as 15 August 2011 (Approx 19 monhs from Offense).

Can i file for 11 b since disclosure thing was fault from Proscuetor side ?? Please advice.
Thanks
Sandy


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by: Radar Identified on
Mon Mar 21, 2011 1:10 am

I'd say go for the 11b. If you did make a documented disclosure request, and the Prosecutor had the opportunity to contact you to indicate the information was available, the delay should be charged to them.
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by: ynotp on
Wed Mar 30, 2011 2:37 pm

I was ticketed in April 2010 for disobey a stop sign. I had a court date today, they offered me a plea that I rejected when and when the trial was about to start they offered me the same plea. They asked if I am prepared to go to trial and I said YES. Then the prosecutor said they were out of time and I would have to come back the end of October. I objected to the JP and told them that I felt my rights were being violated, he told me that I should address that when I come back in October. I told him that having a charge over my head was stressing me out and asked for a dismissal, he didn't agree. I was also pissed because I had prepared a rigorous defense and didn't care if I won or lost as long an I got my day in court because I think the cop lied because he said I when right trough without slowing down when at the most it may have been a rolling stop which I highly doubt. Now they are rescheduled due to the fact that they ran out of time. If I file an 11B it will be over 18 months from the time I was charged. Any ideas of what I should expect, will I win for sure or are they going to be jerks about me expecting that my constitutional right to a speedy trial be respected? This is in Scarborough court.

RANT - How can they send you a NOTICE OF TRIAL, you take time off work to attend, you prepare a defense, and then they run out of time and don't dismiss the charge? They only had one 10 minute trial during the whole time and 12 plea bargains. What if everyone wanted a trial they honestly thought they could have 20 trials in an hour?


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by: Simon Borys on
Wed Mar 30, 2011 2:59 pm

If everybody went to trial courts would grind to a halt and everybody would get their charges stayed for the delay. But, as you've pointed out, that's not what happens. However in your case, I think 18 months is a great case for 11(b), provided none of that delay is attributable to you.
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ynotp
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by: ynotp on
Wed Mar 30, 2011 8:38 pm

The delay can't be my fault if they ran out of time can it? First thing I said when they wanted to reschedule was that I objected to it and I wanted my trial today.
Are there any rules of thumb as to when an 11b stay becomes a sure thing?
Perhaps people would benifit if they knew chances at 12, 13, 14, 15, 16, 17 months and beyond? Does anyone keep stats on this?
Why does it seem so arbitrary?




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by: ynotp on
Wed Mar 30, 2011 10:52 pm

Oh I gotcha. I asked for a court date in April 2010, got a notice of trial on March 30th in December, requested disclosure in January and received it 2 weeks later. So that would be all them. I really dont want to give them $110, they so don't deserve it. If they stay the charges I feel like asking for my lost wages, gas and parking....everyone else gets paid why can't I? :twisted:


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