Question for Simon Borys regarding officer not showing...

TimoCruz
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Question for Simon Borys regarding officer not showing...

by: TimoCruz on
Wed Apr 17, 2013 2:13 pm

Hey Simon,

As we all know, one of the best ways to win is by the cop not showing up.

My question revolves around how this process really works. Is there an art to knowing which cops will likely show and which will not? Is there procedure for coming to court dates dependent on their region of employment? Is there a way we can effect this process by adjournments, delays etc?

Those are just a few questions that I had. I thought you might be the write one to shed some light on this considering your past experiences.

I know people who have had multiple tickets far east in Toronto (scarbrough area) and he's told me that every time the cop hasn't showed up (he claims its luck).

Any help would be appreciated.


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by: Stanton on
Wed Apr 17, 2013 3:45 pm

Well I’m not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officer’s regular working days. Courts are provided with a copy of the officer’s schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ensure it’s on a day when the officer is available. Is there a chance that the officer won’t show? Yes, but it’s not a common occurrence. Officers are legally required to attend Court, it’s not something that they can opt out of because they don’t feel like it. If an officer fails to attend Court without good reason, they could face discipline that would typically result in a forfeiture of pay, etc.

Now there are some exceptions to scheduling matters on working days. I know Toronto Police used to (and perhaps still do) book HTA matters on officer’s days off to help frontline staffing. Regardless, those officers would still be required to attend Court and would be receiving the added incentive of overtime pay for doing so. Other GTA services may operate in a similar fashion.

Typically if an officer doesn’t show, it would be because they’re sick or got tied up on a call for service prior to Court. Sometimes there used to be problems with officer being double booked in multiple Courts (i.e. Criminal and HTA), but I hear less and less of those issues.

I’d agree with your friend that 99% of the time it’s just luck. If however you’re asking because you’ve been charged with something, it might help to let us know what region/police service you’re dealing with. Each is slightly different and you may have more luck in certain Courts.


TimoCruz
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by: TimoCruz on
Wed Apr 17, 2013 4:55 pm

Stanton wrote:Well I’m not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officer’s regular working days. Courts are provided with a copy of the officer’s schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ensure it’s on a day when the officer is available. Is there a chance that the officer won’t show? Yes, but it’s not a common occurrence. Officers are legally required to attend Court, it’s not something that they can opt out of because they don’t feel like it. If an officer fails to attend Court without good reason, they could face discipline that would typically result in a forfeiture of pay, etc.

Now there are some exceptions to scheduling matters on working days. I know Toronto Police used to (and perhaps still do) book HTA matters on officer’s days off to help frontline staffing. Regardless, those officers would still be required to attend Court and would be receiving the added incentive of overtime pay for doing so. Other GTA services may operate in a similar fashion.

Typically if an officer doesn’t show, it would be because they’re sick or got tied up on a call for service prior to Court. Sometimes there used to be problems with officer being double booked in multiple Courts (i.e. Criminal and HTA), but I hear less and less of those issues.

I’d agree with your friend that 99% of the time it’s just luck. If however you’re asking because you’ve been charged with something, it might help to let us know what region/police service you’re dealing with. Each is slightly different and you may have more luck in certain Courts.
Ya I'm dealing with two tickets at the moment, 1 for 10 over, although I think I was going 19 over and it got reduced and a failure to show insurance (although, I had the email version and he didnt accept). I'm not going to go into crazy details, but I'm sending in my discloure request today. I received my court date of May 24 in the mail on Friday, so I have about a month and a half. I'm hoping that they take their time to get me the disclosure so I can adjourn it because I doubt I'll be able to come up with a good argument. Regardless, of all that, the court is 2700 Eglinton Avenue West - I got pulled over around Dixon RD and Carlingview RD (speed trap, always beware in that area).

I was just wondering about the cop situation as I've heard from lots of people about how the cop didn't show. Also, this friend of mine that I was speaking to today has had some serious luck, so I thought I would ask to see if theres an art to this or not.


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Simon Borys
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by: Simon Borys on
Fri May 03, 2013 8:03 pm

Stanton wrote:Well I’m not Simon, but I think I can answer your question.

For most police services, HTA matters are always scheduled on the officer’s regular working days. Courts are provided with a copy of the officer’s schedule (including vacation days) so that they know when to book matters. Matters can be delayed or rescheduled, but the Court will typically ensure it’s on a day when the officer is available. Is there a chance that the officer won’t show? Yes, but it’s not a common occurrence. Officers are legally required to attend Court, it’s not something that they can opt out of because they don’t feel like it. If an officer fails to attend Court without good reason, they could face discipline that would typically result in a forfeiture of pay, etc.

Now there are some exceptions to scheduling matters on working days. I know Toronto Police used to (and perhaps still do) book HTA matters on officer’s days off to help frontline staffing. Regardless, those officers would still be required to attend Court and would be receiving the added incentive of overtime pay for doing so. Other GTA services may operate in a similar fashion.

Typically if an officer doesn’t show, it would be because they’re sick or got tied up on a call for service prior to Court. Sometimes there used to be problems with officer being double booked in multiple Courts (i.e. Criminal and HTA), but I hear less and less of those issues.

I’d agree with your friend that 99% of the time it’s just luck. If however you’re asking because you’ve been charged with something, it might help to let us know what region/police service you’re dealing with. Each is slightly different and you may have more luck in certain Courts.
What he said.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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