HTA 136 (1)(a) - requesting disclosure

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Radar Identified
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by: Radar Identified on
Fri Dec 11, 2009 10:12 am

A First Attendance date will be sent to you if the area you're in offers it (most do). Provincial Offences Notices (tickets) won't indicate if there is a First Attendance or not because some areas do not offer it. The First Attendance, by definition, will be in advance of the trial date.

To find out if the area offers First Attendance, you can call the courthouse directly and ask them. If they do not offer First Attendance, you can still resolve the matter prior to trial by arranging a meeting with the Prosecutor or you can plea-bargain on the day of trial.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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diehard
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by: diehard on
Mon Dec 14, 2009 8:42 am

There's one last question:

I checked the option "Request Interpreter". I am following TicketCombat's advice.

I do speak English, however, I am a lot more fluent in the language I chose in option 3.

I'm concerned that this may backfire on me.

Should I simply forget English on the trial date and plead guilty?
The cop may say that I spoke English with him on that day, even though it was just a few words.

Or is there still time to change that option?

Thanks.


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by: Radar Identified on
Tue Dec 15, 2009 3:29 pm

Many people who speak English reasonably well still request an interpreter for a trial. There is nothing wrong with this. It is one thing to be conversational in a language - being fluent is something else. Particularly where there are serious consequences like a trial, it is your right to have an interpreter.

Your request for an interpreter is not unreasonable. Even if the officer says "hey, he's got an interpreter but he spoke English to me" (which he won't), the JP will probably look at him and say: "Your point is??"
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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by: Reflections on
Tue Dec 15, 2009 5:56 pm

Should I simply forget English on the trial date and plead guilty?
Your understanding of your native tongue is the main concern for the court. They can put on the biggest horse and pony show, but if you don't fully understand even one word the whole thing gets tossed. Fortunately, we do allow accused people to stand up to the charges, which need to be fully explained and comprehended by the accused.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


diehard
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by: diehard on
Wed Dec 16, 2009 3:34 pm

Thanks guys.

If the interpreter doesn't show up, I win the case.

So I can wait until very last moment to plead not guilty to the judge, right?


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by: Reflections on
Wed Dec 16, 2009 8:23 pm

diehard wrote:Thanks guys.

If the interpreter doesn't show up, I win the case.

So I can wait until very last moment to plead not guilty to the judge, right?
No, you get adjourned....unless it's the court appointed interpreter, then it's up to the JP.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


diehard
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by: diehard on
Thu May 27, 2010 7:53 am

It's been almost 7 months and I haven't heard anything...


diehard
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by: diehard on
Thu May 27, 2010 7:59 am

Radar Identified wrote:Your request for an interpreter is not unreasonable. Even if the officer says "hey, he's got an interpreter but he spoke English to me" (which he won't), the JP will probably look at him and say: "Your point is??"
His point could be that I am clearly trying to delay proceedings, unnecessary costs to the court, etc. etc. :)


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by: diehard on
Tue Jul 27, 2010 8:55 am

It's been 9 months and still no trial date. No letter received.

Should I ask for disclosure?

Thansk.


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