Trial in 9 days, going in alone! Lots of procedure Q's

User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined:

Trial in 9 days, going in alone! Lots of procedure Q's

Unread post by ponyboyt on

First off, the one thing that keeps coming back to bug me, is:

When i am asking the questions, how do i refer to myself when umm... refering to myself?

Example question:

"At what time was _________ placed in handcuffs?"

Do i say: "at what time was i placed in handcuffs"? or "At what time was MR. ___________ (me) placed in handcuffs?" or do i just say "the accused", as in: "at what time was the accused placed in handcuffs?"

Saying "was I" this and "did i" that feels very personal to me, cant think of another word for it. I want to be able to ask the questions i need to ask without feeling like i am the person im asking about. Hard to excplain i guess.

Next:

I plan to take pictures. I read the picture sticky. I have a digital camera, but after reading the sticky ive decided against using it. So off to walmart i go for a disposeable. Hoping that will be ok, i will have them dated with receipts from being developed at walmart.

When do i submit pictures? When trial starts? Before trial? Or submit them as needed when i ask the questions about those pictures?

ummm.. Next!

I have lots of questions that i am going to ask with intention to totaly destroy anythining the officer's notes and the officer's typed statement as there is a huge discrepancy (sp?) between what was stated to happen and what in fact happened. Will anyone be interupting my questions or saying i cant ask a question like that like they do on TV?

some more:

I am missing some evidence that i feel i need. The crown attorney is telling me i dont need that stuff. How can i get this evidence provided to me? Video in police car, statements from other officer's etc.

Ugh i may think of more later. Sorry :P


myticket
Jr. Member
Jr. Member
Posts: 25
Joined:

Unread post by myticket on

Hi,

Refer yourself as "I". Do not show anything before the trial. Show your picture only during the trial. Anything you tell the prosecutor before the trial can be used against you. They will prepare themselves for your questions.

Trial is much more easy than We think. My experience. Tell everything you think is right, what COP says is his side of the story.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Refer yourself as "I". Do not show anything before the trial. Show your picture only during the trial. Anything you tell the prosecutor before the trial can be used against you. They will prepare themselves for your questions.
Once you want to enter the evidence of the picture before the court, the JP will ask if the prosecution has had an opportunity to view the photo, if not the prosecution will have the opportunity in court and still be able to ask questions about it.

Question of the day for you....Do you present it before the trial and have the prosecution see there is a "doubt in conviction" and will withdraw the charge earlier in the day? OR will the prosecution decide to go to trial as the photo makes the prosecution stronger?
Last edited by hwybear on Wed Jan 20, 2010 2:58 pm, edited 1 time in total.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined:

Unread post by ponyboyt on

hmm.

What about case history? I have a lot. I figured make 4 copies? Will JP and procecuter want a copy?

3 cops, but if only one shows up ca i ask him questions about what happened with the other 2? Like can i ask him what the other did when the other got in my car? Or can i just ask whatever the hell i want and if im out of line they will tell me or kick me out heh.


User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined:

Unread post by ponyboyt on

if i want to testify, ie: give evidence via testimony, im sure the crown will x-examin me, question me etc... who can question me for the defence?? I am alone, i have a witness but she may not take the stand (i dont want her to as of yet, waiting to see what the police testimony is like) butmy witness will certainly NOT be questioning me. I just give my statement from the stand and thasit?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

ponyboyt wrote: What about case history? I have a lot. I figured make 4 copies? Will JP and procecuter want a copy?
if the cases your are presenting are not familiar to the JP or prosecution they will require copies and then most likely take a recess to review the material.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined:

Unread post by ponyboyt on

Late last week went and visited 6 Lawyers, folder in hand full of Canlii case history. None of them would help. None of them would even listen to my story. They all just said the standard procedure "get letter from insurence comp to prove coverage and plead the open liquer ticket down to a lower amount". I went in with cash offering to pay for an hours time and they all basicly said "we arent going to help you unless you pay us to go to court".

Stuck between a rock and... i dont want a paralegal. I wanted someone who knew how to fight for S8, 9, and 10b charter violations. $950 for a paralegal was one quote, and $5000 from one Lawyer who would do up to 2 days of trial. All i wanted was an hour to ask some questions and get some answers... these guys dont work by the hour or what?

So here i am, still going in alone, looking forward to days off work for another 3 or 4 excuses to go visit Niagara Falls :roll:


Plenderzoosh
Jr. Member
Jr. Member
Posts: 64
Joined:

Unread post by Plenderzoosh on

ponyboyt wrote:This is my 12th ticket in 3 months.
Since then:
ponyboyt wrote:"get letter from insurence comp to prove coverage and plead the open liquer ticket down to a lower amount".

He said well you are getting a ticket for a defective braking system.

If i threaten to charge an officer with something, using a firm tone, this to me is not abusive.
HOLY *EDIT* what are you doing to get pulled over so much? :shock: Yes I know this post doesn't have much to add but HOLY *EDIT*.


User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined:

Unread post by ponyboyt on

it hasnt been as bad lately, that was mostly back in the summer or fall. We still arent sure why NIagara Poilice stopped us but im sure i will find out tomorow. Usualy its the tint. Late at night, white Cadillac with tinted windows, chrome wheels, it never really happens in my town. It's mostly out of town. I only have one conviction (ticket) and that was for speeding. Funny that speeding ticket, that stop was the most polite and easy going cop i had seen yet.

I seem to have an attitude. That attitude got me in deep in Niagara. I donno what it is about me but when someone opens my back door and climbs in my car, with no warning or question, and rifles through my stuff, i get kinda upset....

3 insurence slip tickets, fail to obey sign, warning 'ticket' for headlights, 2 tint tickets that totaly dissapeared never to be found, speeding ticket, 2 ownership tickets, defective brakes ticket, and tomorow court for insurence and open liquer.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

post copied from a locked thread

ponyboyt wrote:
Declined 2 very nice offers from the crown... offered to drop one ticket and pay a $40 fine. Wasn't interested. Mentioned i would be filing motions for charter breaches and he did not like that.... sooooo

I asked for an adjournment. When asked why i stated i was not prepared, because i have no clue wat im doing as i dont do this for a living. The crown has ad exactly 6 months to the day to prepare and i have only had 12 days.

Adjournment granted, new court date August 17th. JP made it clear this adjournment was my doing and i assured him i was not interested in filing for 11b.

So now, i need to "file motions" for charter breaches and to have evidence excluded for trial. Crown had no interest in giving me information on how to do so. How the heck do i "file a motion"? I am under the impression i need to inform him that i am doing so but he wanted to hear none of it.

Also he said he had 2 witnesses and i stated i only was aware of one witness because disclosier had notes from only one officer. He said he did not need to provide notes from any other officer's and the JP said i could request more information for disclosier and the crown would provide it "IF IT IS RELEVANT".

Well if he does not think something is relevant but i do believe it is relevant then what? For example i want statement from 2 other officer's who were present? I want to know what they have to say? Should igo through the police station to request information? Perhaps recordings of radio communications?
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
ponyboyt
Jr. Member
Jr. Member
Posts: 69
Joined:

Unread post by ponyboyt on

What a day!

I decided it was a good idea to bring a friend with me yesterday. From January to August 11th between the two of us we have sent no less than 8 requests for additional disclosure, all of which were ignored. No replies whatsoever.

So we get called up. The Justice spends a few minutes trying to determine who my friend is, and why he is there. Then for a few minutes we argue about these requests we have been sending. Prosecutor insists he has no requests since November, which was before my last court date. In the spring i had sent 3 in and made follow-up calls to confirm they were received via fax (and yes, they were).

So here we are, arguing about disclosure, i see 2 of the 3 officer's are there.

Out of nowhere the prosecuter closes his files, stands up and says he wants to "procede with araignment.

Huh? my friend whispers to me "not guilty", the justice reads the charges out and i plead not guilty to all of them.

We all look at the prosecuter, and he says "im not submitting ANY evidence".

She says "well in that case i find you not guilty".

A couple more arguments, some stabbing comments from the prosecuter, and we leave...

I guess we arent quite finished yet.






Post Reply

Return to “Courts and Procedure”