Hello I am getting ready to file a 4F under section 7 and 11b. Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date) My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument? Please advise, as I need to file the paperwork by this friday October 10th. Also does anybody know what happened to the Andrade case - can we still use it with the 11b application? Thank you
Hello
I am getting ready to file a 4F under section 7 and 11b.
Here is my case. Charged on Oct 30th, 2013 with going 87 in 60, charged dropped to 75 in 60 roadside. I requested a meeting with the prosecutor thinking they will drop the charge (bad thinking), they did not, so notice of trial was sent to me on Jan 8th for june 18th 2014. I requested disclosure twice, they sent me nothing, so I filed a 4F for non-dsiclosure. I argued my 4F but the justice only granted an adjournment for Nov 12th 2014. I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer. My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting. I also requested an early trial date through a letter I sent, but they left a voicemail saying the date I requested is not available and that I have to appear before a judge to change the trial date)
My question is, do I use the same 4F for both section & argument and 11B? Or do I send 2 forms for each argument?
Please advise, as I need to file the paperwork by this friday October 10th.
Also does anybody know what happened to the Andrade case - can we still use it with the 11b application?
All requested items don't need to be fulfilled, only what is considered enough to satisfy your disclosure request. Be prepared for anything because there's a chance your requests will be denied on your trial date. The time spent waiting for an early resolution meeting is considered a "neutral intake period" and doesn't count towards the overall length of delay. You'll be starting from the day there was a trial request (after your early resolution).
coldanca wrote:
I checked the disclosure they gave me and it was missing some of the items I requested. I again requested disclosure of the missing items twice without any answer.
All requested items don't need to be fulfilled, only what is considered enough to satisfy your disclosure request. Be prepared for anything because there's a chance your requests will be denied on your trial date.
coldanca wrote:
My trial will be 12 months and 13 days from the time of charge and 10 months and 4 days since my early resolution meeting.
The time spent waiting for an early resolution meeting is considered a "neutral intake period" and doesn't count towards the overall length of delay. You'll be starting from the day there was a trial request (after your early resolution).
Thank you, I actually thought of these objections myself and will be prepared to argue them in court - have read hear about some successful arguments against the "neutral timing". So is it ok if I use 4F to list both section 7 and 11b? And is Andrade still relevant and good to quote?
Thank you, I actually thought of these objections myself and will be prepared to argue them in court - have read hear about some successful arguments against the "neutral timing".
So is it ok if I use 4F to list both section 7 and 11b?
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