HTA 136 (1)(a) - requesting disclosure

So I got one two weeks ago on a nice Friday 13th...

Last week I went to the Offences Office and submitted Option 3 (plead not guilty). Trial date to be sent in approximately 6 months.

My intention is to delay as much as I can.

When should I request the disclosure?

According to Ticket Combat, it should be done right away.

I called the office this morning and the lady said I should wait a few months before the trial date is set.

How should I proceed?

Thanks.

Wait till you have a trial date then request disclosure.

Thanks Reflections.

What if the trial date is a few days after I receive the notification by mail?

The disclosure request can take up to 8 weeks, right?

Cheers.

Yes, 8 weeks is roughly how long it takes, sometimes a little less.

diehard wrote:

Thanks Reflections.

What if the trial date is a few days after I receive the notification by mail?

The disclosure request can take up to 8 weeks, right?

Cheers.

You can ask for an adjournment due to lack of disclosure........

Can prosecutor add charges if he reads the cop's notes?

For example, the copy may have written in notes that I was following too closely another car before not obeying stop sign.

Am I at risk at getting a second conviction if prosecutors sees this?

diehard wrote:

Can prosecutor add charges if he reads the cop's notes?

For example, the copy may have written in notes that I was following too closely another car before not obeying stop sign.

Am I at risk at getting a second conviction if prosecutors sees this?

Anyone?

I believe that there is a 6 months window when a LEO can issue a ticket. After that not going to happen.

diehard wrote:

diehard wrote:

Can prosecutor add charges if he reads the cop's notes?

For example, the copy may have written in notes that I was following too closely another car before not obeying stop sign.

Am I at risk at getting a second conviction if prosecutors sees this?

Anyone?

Officers lay charges in the HTA, not the crown.

Thanks guys.

If the cop shows up and sees that I'm pleading guilty in an attempt to lower the fine and the charge, could he try to influence the prosecutor otherwise?

In fact, could prosecutor increase charge and fine because of such notes?

diehard wrote:

Thanks guys.

If the cop shows up and sees that I'm pleading guilty in an attempt to lower the fine and the charge, could he try to influence the prosecutor otherwise?

In fact, could prosecutor increase charge and fine because of such notes?

Officers have been known to "suggest" a sentence or offer their opinion of the accused.

diehard wrote:

In fact, could prosecutor increase charge and fine because of such notes?

As Reflections indicated, the officer could sway the Prosecutor to not accept a plea bargain. If you plea-bargain in this case, and it is accepted, the only thing the Justice can do is impose the set fine for the offence.

Can JP accept a plea bargain on the first attendance date or is it only the prosecutor right before the trial date?

Thanks guys.

diehard wrote:

Can JP accept a plea bargain on the first attendance date or is it only the prosecutor right before the trial date?

Thanks guys.

First attendance is a process where you can resolve your matter by pleading guilty or making submissions as to penalty.

It is a process that does not require attendance of police officer and in most cases prosecutor is not in the position to review the notes of the officer.

If you pursue first attendance option you certainly not going to ""win" your case but can save points, reduce fine, etc. If you choose to enter a guilty plea after discussions with prosecutor - you will have to appear in front of JP who will finalize the matter.

Will I receive a date for first attendance prior to the trial date?

There is no mention of First Attendance date in the ticket when I chose Option 3.

Thanks.

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.

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.

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??"

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.

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?

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.

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

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.

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

Should I ask for disclosure?

Thansk.