Failed to file Disclosure Request, How to Proceed at Trial?

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

Carthik
Newbie
Newbie
Posts: 2
Joined:

Failed to file Disclosure Request, How to Proceed at Trial?

Unread post by Carthik on

Hi OHTA,

I have a trial date tomorrow morning in Brampton for an "Improper Muffler" HTA 75 (1) ticket. I did not realize that the court date was indeed a trial date and not a first appearance. I am going to challenge this ticket with a plea of not guilty and would like disclosure. How should I proceed?

Should I request an adjournment and explain my reasoning?

Am I likely to receive an adjournment?

Should I prepare to challenge the ticket tomorrow in case an adjournment request is rejected?

Is there something else I should be doing and/or consider doing to continue to fight this ticket with disclosure?

Thanks,


User avatar
Decatur
Moderator
Moderator
Posts: 697
Joined:

Posting Awards

Moderator

Unread post by Decatur on

The "Notice of Trial" that was sent to you is just that. You'd better be prepared to proceed tomorrow. You can always request an adjournment but the JP may not grant it. If it is granted to you, any delay in the trial will be credited against you for any delay arguments. Disclosure for most HTA offences usually consists of the officers notes and that's pretty much it, they may be able to give you a copy on the spot if you ask the prosecutor early.


bend
Moderator
Moderator
Posts: 1151
Joined:

Posting Awards

Moderator

Unread post by bend on

What's been posted is a exactly what you should expect.

It can be adjourned and you can receive disclosure, or you will be told you've had opportunity and your trial date is not the time or place to be requesting disclosure at the last second.

Either that or they give you disclosure right then and there. It won't be enough time for you study and make a defense, but then again you didn't give the prosecutor enough time to prepare you with disclosure.






Post Reply

Return to “General Talk”