My successful 11b carter motion

jovan1
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new trial

by: jovan1 on
Tue Mar 30, 2010 11:54 am

My new trial is on May 28.
They told me on my first trila that it is the earliest to get.

I need to file motion by tteh end of April.

Can you check your Private message box?

Thnaks.


CAROL
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by: CAROL on
Fri Aug 20, 2010 2:27 pm

ManlyMinute wrote:15 days is not enough time but I did it anyways and was hoping for an adornment if it was needed. The motions I filed for were an 11b breach and section 7 breach. 11b - It's only been 6-7 months since my ticket but I was anticipating an adornment due to a lack of disclosure (section 7 breach).

ManleyMinute

Congratulations on this. It sounds like you really put the time in on this. I am going to try this as my trial will be at 13 months. When you say 15 days was not enough time, how many days before trial should you file?


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Radar Identified
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by: Radar Identified on
Sun Aug 22, 2010 11:05 pm

CAROL wrote:When you say 15 days was not enough time, how many days before trial should you file?
At least 20 days.
* 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


Trigga
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by: Trigga on
Fri Sep 03, 2010 3:25 pm

The prosecution does have grounds to bring you back to court for a retrial. The charges have been stayed, and there is no statue of limitations for them to challenge you or revise the stayed decision.

When you file a charter motion to get the charges stayed.. It basically means you want the charge to be paused, and proceed no farther. But the prosecutor can bring these charges back if they wish..

But more often then not, the crown only bring back criminal matters that been stayed, and not traffic matters.

This is what my brother told me.. he works for the city of Toronto's court services division in the prosecutors office.


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Keroba
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by: Keroba on
Sat Sep 04, 2010 9:56 am

Trigga wrote:The prosecution does have grounds to bring you back to court for a retrial. The charges have been stayed, and there is no statue of limitations for them to challenge you or revise the stayed decision.

When you file a charter motion to get the charges stayed.. It basically means you want the charge to be paused, and proceed no farther. But the prosecutor can bring these charges back if they wish..

But more often then not, the crown only bring back criminal matters that been stayed, and not traffic matters.

This is what my brother told me.. he works for the city of Toronto's court services division in the prosecutors office.
Maybe when the Crown has stayed the charges themselves, but I can't see how the Crown could bring back a case that was stayed by the Court. In traffic matters, a stay is basically a way for the court to say "ok, we didn't have a trial on the merits for this case, but to have a trial would offend basic fairness principles."


zom
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by: zom on
Wed Nov 24, 2010 6:55 pm

Hi Everyone

My first time visiting and posting - looking for some advice please !

I have a trial on Nov. 29
I was charged almost a year ago with speeding
I've submitted multiple requests for disclosure which went unanswered
A few weeks ago, I submitted a motion for a stay of proceedings citing 11b
Today (Nov 24), I get a VM from the prosecutors office that my Disclosure is ready for pick-up.

Here's what I need advice on:

Do I pick it up?

I alreeady submitted a motion for 11b and stated that the crown failed to provide disclousre in addition to the trial delay. Would I now be acknowledging that I got the disclosure in a timely manner if I go to pick it up and would that then disqualify a part of my constitutional question? What if I don't pick it up, will the crown use that against me?

Thanks in advance for your feedback.


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