No full disclosure provided after 2 court appearance

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fight2win
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No full disclosure provided after 2 court appearance

by: fight2win on
Tue Jul 19, 2016 11:35 am

Hi Everyone,

I got a ticket for not fully stop at a stop sign. I file a NOTICE OF INTENTION TO APPEAR. I requested full disclosure, I got no answer, I fax another request, no response. I went to the Persecutor office; they gave me the officer note but no video. On trial date the persecutor ask for adjournment until they get video disclosure
The second court date no video disclosure, I asked the judge to dismiss the case, since I asked for disclosure numerous time, the Judge asked me to show the persecutor the evidence of my disclosure request, I did. The persecutor interrupts and set a new court date. What are my options? What is your advice for the next step, should I file for 11B motion?

Thank you,


jsherk
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by: jsherk on
Tue Jul 19, 2016 11:54 am

You need to file a charter motion for a section 7 (not 11b). It must be filed at least 15 days before the trial date AND you must notify both the Ontario and Canadian Attorney General's office. Best way to do this (fastest and cheapest) is to fax it (use Staples if you don't have your own fax).

So if you have not received the video 3 weeks before your next trial date, then you should file the motion right away. If they show up with the video by the trial date, then your motion will not succeed and the trial will continue. If they do NOT have the video by the trial date, then it should succeed and charge dropped.
+++ This is not legal advice, only my opinion +++




jsherk
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by: jsherk on
Tue Jul 19, 2016 2:26 pm

No I am still talking about the section 7 not the 11b. An 11b is charter motion for unreasonable delay (right to speedy trial), meaning your trial took more than 10 months.

I have not filed a section 7 motion before. All I can suggest is that you look at the 11b motion and sort of use that as a guideline on how to do the section 7 one.
+++ This is not legal advice, only my opinion +++




jsherk
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by: jsherk on
Tue Jul 19, 2016 9:21 pm

What was the date you requested a trial... the count does not start until you ask for trial, so if you did early resolution first then that does not count.

What is the date of your next court date?

And can you confirm that the first two trials where adjourned because of failure to have disclosure?
+++ This is not legal advice, only my opinion +++


fight2win
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by: fight2win on
Wed Jul 20, 2016 10:29 am

What was the date you requested a trial.. June 23rd, 2015

What is the date of your next court date? Aug 4th. 2016

And can you confirm that the first two trials where adjourned because of failure to have disclosure? Correct

Still waiting to be contacted to get video disclosure, Do I file for 11b

Thanks,


jsherk
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by: jsherk on
Wed Jul 20, 2016 10:48 am

So yes it sounds like an 11B would be succesful.

You only have 16 days until trial, and you need to file it 15 days before trial. This means that you MUST file no later than tomorrow (by about 3pm to be safe), and the only way you can do this is the FAX method because if you send it registered mail to attorney generals office then they are not considered notified until they receive it and that would be less than the 15 days required notice.
+++ This is not legal advice, only my opinion +++


jsherk
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by: jsherk on
Wed Jul 20, 2016 10:53 am

Now the only other consideration is the dates that the trials were set...

So, as an example, let's say at the first trial was Aug 1, 2015 and at this trial you were offered a new date of Oct 1, 2015 but then YOU said I can not do that, how about Nov 1, 2015. In this case the delay from Aug 1 to Oct 1 would be counted but the delay from Oct 1 to Nov 1 would not be counted as that was YOUR delay. You can only count delays caused by the prosecution, not delays that you caused.

The time requirement is around 10 months, so since it is about 13.5 months total, as long as 3.5 months of delay is not attributed to you, then you should be succesful.

I have personally not filed an 11B before, so maybe somebody else can confirm if you need to have transcripts of the first two trial dates available or not?
+++ This is not legal advice, only my opinion +++




fight2win
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by: fight2win on
Wed Jul 20, 2016 2:55 pm

I did delay it only once from May 11, 2016 to June 13th, 2016, excluding my delay, it will be a total of 13+ month delay caused by the prosecution. The court clerk don't know much about the case, she told I sent the request for disclosure before my trial date, which wasn't true, She didn't know how may disclosure request I sent.








jsherk
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by: jsherk on
Thu Jul 21, 2016 1:10 pm

The person that works the desk at the office is just an office worker. Sometimes they are extremely helpful and sometimes they are extremely unhelpful.

The "prosecutor" (not the persecutor) is the lawyer that stands up in court to argue against you.

The "clerk of the court" is the person in court that does the recording and reads the charges out.
+++ This is not legal advice, only my opinion +++


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