I have a couple of questions:
1) If I am defending myself; is it acceptable for me to sit down while the prosecutor questions the witness and presents his case (standing only while I do those things myself)? If yes, do I need to ask the JP permission to sit, or can I just do it?
2) Is there any limit to the number of submissions/arguments that I can put forth? I intend to challenge on at least three different fronts.
2) I'm charged with an HTA disobey sign. If I suggest to the prosecutor immediately prior to trial that if they withdraw the HTA charge, that I would not contest a municipal by-law charge, what is the likelihood it would be accepted? (I have a pile of paperwork, arguments, have already filed a s.7 request for a stay. Stay not granted but resulted in an adjournment at the request of the prosecutor.) And, if it is accepted, what is the process? Can the prosecutor/officer enter a brand new charge (by-law) at trial that day and withdraw the HTA? Also, if this is the case, should I insist that the crown withdraw the HTA before I plead guilty to the by-law offence? (Is there any chance they would re-neg on the deal and attempt to prosecute the HTA after a guilty plea to the by-law?)
1) You can sit when you are not addressing the court. You will have to stand when you ask the officer questions.
2) You will have to be ready with the paper work, but only submit the motions one at a time.
3) Usually the Crown will keep their word on a deal. Less court time means everything. Go as low as you can on the by-law and see what develops. If you are armed to the teeth for trial, they may bend further then normal.
Remember, court is a Poker game, keep your face on.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com