I am contesting a speeding ticket and am banking on the possibility that the cop wont show up. My main concern is how do I determine whether the cop is there without losing the option to bargain with the prosecutor for a lesser charge? More specifically, if I wait until my trial begins to determine if the cop/witness is present, and if he is, will I still get a last chance to bargain with the prosecutor before he presents his argument? My original plan was to talk to the prosecutor before the trial and ask him then, but he may not be able to give me a definitive answer (e.g. officer has not arrived). For those who've been there, please walk me through those last few crucial moments before the actual trial begins so that I know what to expect. I apologize if this issue has been addressed in other posts; if so, let me know about them. Thanks
I am contesting a speeding ticket and am banking on the possibility that the cop wont show up.
My main concern is how do I determine whether the cop is there without losing the option to bargain with the prosecutor for a lesser charge?
More specifically, if I wait until my trial begins to determine if the cop/witness is present, and if he is, will I still get a last chance to bargain with the prosecutor before he presents his argument?
My original plan was to talk to the prosecutor before the trial and ask him then, but he may not be able to give me a definitive answer (e.g. officer has not arrived).
For those who've been there, please walk me through those last few crucial moments before the actual trial begins so that I know what to expect.
I apologize if this issue has been addressed in other posts; if so, let me know about them. Thanks
Depends on where the ticket was issued. Here all of our court is scheduled for our day and afternoon shifts so court is just part of us going to work. Plus if we miss court we can get done up by PSS on charges. So for us do not count on us not being there. GS
Depends on where the ticket was issued. Here all of our court is scheduled for our day and afternoon shifts so court is just part of us going to work.
Plus if we miss court we can get done up by PSS on charges. So for us do not count on us not being there.
Thanks for the info guys, but I'm not so much interested in whether the officer will show up, but rather whether I still have the option to talk to the prosecutor once my turn is up and I learn that the officer is present. In other words, can I do the following: before the trial, talk to the prosecutor and see what he has to offer; then tell him "I'll think about it" and wait for the judge to call on me; then finally, if the officer is present, go to the prosecutor and accept his offer? or do I only have the chance to talk to him before I am called upon by the judge or whoever? Also, If anyone has links to posts describing in detail the exact order of events on a trial day, please post. Thanks
Thanks for the info guys, but I'm not so much interested in whether the officer will show up, but rather whether I still have the option to talk to the prosecutor once my turn is up and I learn that the officer is present.
In other words, can I do the following: before the trial, talk to the prosecutor and see what he has to offer; then tell him "I'll think about it" and wait for the judge to call on me; then finally, if the officer is present, go to the prosecutor and accept his offer? or do I only have the chance to talk to him before I am called upon by the judge or whoever?
Also, If anyone has links to posts describing in detail the exact order of events on a trial day, please post. Thanks
It's not necessarily one way or the other. But you lose your leverage for a plea bargain the closer you get to the trial, especially if they've gone through the trouble of having the officer and witnesses attend court. The purpose of a plea bargain is to reward people who accept responsibilities for their actions early on in the process and spare the justice system the expenditure of time and resources on their case. If you're just trying to play the system you're probably not going to get as good a deal.
It's not necessarily one way or the other. But you lose your leverage for a plea bargain the closer you get to the trial, especially if they've gone through the trouble of having the officer and witnesses attend court. The purpose of a plea bargain is to reward people who accept responsibilities for their actions early on in the process and spare the justice system the expenditure of time and resources on their case. If you're just trying to play the system you're probably not going to get as good a deal.
OK, I think I wasn't being clear enough. When I say "talk to the prosecutor before the trial", I mean to say before they start dealing with "not guilty" pleas on the day of the trial. In other words, I remember reading somewhere that the prosecutor will attempt to talk to me both before my scheduled time, and once again when I am called on (BOTH on the day of the trial). I'd just like to verify that this is in fact the case for everyone, so that I know whether I can wait until the last moment to decide whether to accept an offer, knowing the officer is present. That's the main thing I'd like to know.
OK, I think I wasn't being clear enough. When I say "talk to the prosecutor before the trial", I mean to say before they start dealing with "not guilty" pleas on the day of the trial. In other words, I remember reading somewhere that the prosecutor will attempt to talk to me both before my scheduled time, and once again when I am called on (BOTH on the day of the trial). I'd just like to verify that this is in fact the case for everyone, so that I know whether I can wait until the last moment to decide whether to accept an offer, knowing the officer is present. That's the main thing I'd like to know.
Depends, but for the most part, that is true. When you get to court, you will check in with the Prosecutor, and a deal will usually be offered (depending on the charge/circumstances/etc). At this point, the best thing to do is say "let me think about it." See what else is going on. When your time comes up, the Prosecutor will probably approach you again, if you have not accepted the deal. Keep in mind, many Prosecutors will try the bluffing/intimidation tactics early on to try to prod you into taking a deal, whether the officer is present or not. There is also the possibility of a First Attendance meeting, but that's a different story.
aoex wrote:
I remember reading somewhere that the prosecutor will attempt to talk to me both before my scheduled time, and once again when I am called on (BOTH on the day of the trial).
Depends, but for the most part, that is true. When you get to court, you will check in with the Prosecutor, and a deal will usually be offered (depending on the charge/circumstances/etc). At this point, the best thing to do is say "let me think about it." See what else is going on. When your time comes up, the Prosecutor will probably approach you again, if you have not accepted the deal. Keep in mind, many Prosecutors will try the bluffing/intimidation tactics early on to try to prod you into taking a deal, whether the officer is present or not.
There is also the possibility of a First Attendance meeting, but that's a different story.
* 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
I got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for…
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…