I was charged with an offence in July 2010 and got a summons to a first court date in Sept 2010 then plead not guilty and was put off till Feb 2011. How long can it take before it is too long.
-
applegrower
- Newbie
- Posts: 4
- Joined: Wed Jan 12, 2011 4:28 pm
How long is too long for a charge to get a hearing.
I was charged with an offence in July 2010 and got a summons to a first court date in Sept 2010 then plead not guilty and was put off till Feb 2011. How long can it take before it is too long.
-
Stanton
- High Authority
- Posts: 2111
- Joined: Tue Feb 01, 2011 8:49 pm
- Location: Ontario
-
Posting Awards
Re: How long is too long for a charge to get a hearing.
Depends on the Justice of the Peace and the jurisdiction. In my experience, ten to twelve months seems to be the common time frame before a stay of proceedings will be granted. Keep in mind the Court will look at factors for the delay. If it's because of a backlog in the Courts or an inability to proceed on the part of the Crown, the stay is more likely to be granted. If you've requested any adjournments for more time to prepare or waived your right to an earlier trial, the request will probably be denied (so don't postpone your trial hoping for an 11b). To the best of my knowledge you have to file a motion with the Court prior to your case being heard for a stay to be considered. You can't just bring it up spur of the moment if your trial isn't going well.
Depends on the Justice of the Peace and the jurisdiction. In my experience, ten to twelve months seems to be the common time frame before a stay of proceedings will be granted.
Keep in mind the Court will look at factors for the delay. If it's because of a backlog in the Courts or an inability to proceed on the part of the Crown, the stay is more likely to be granted. If you've requested any adjournments for more time to prepare or waived your right to an earlier trial, the request will probably be denied (so don't postpone your trial hoping for an 11b).
To the best of my knowledge you have to file a motion with the Court prior to your case being heard for a stay to be considered. You can't just bring it up spur of the moment if your trial isn't going well.
-
Simon Borys
- VIP
- Posts: 1065
- Joined: Fri Apr 30, 2010 10:20 am
- Contact:
Re: How long is too long for a charge to get a hearing.
In addition to the delay, at least 10+ months of which has to be attributable to the crown or institutional delay, you have to be able to show how the delay prejudiced you as well.
In addition to the delay, at least 10+ months of which has to be attributable to the crown or institutional delay, you have to be able to show how the delay prejudiced you as well.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
Similar Topics
Featured Topics
Suspicious car on the street
I was at my parents' house in Mississauga early this week, and my mother told me about this SUV which always parks down the street for four to six hours a day, headlights on and the occupants inside. When she takes her afternoon walk, she will usually see a man and a woman inside smoking or…
Ontario Police Problems?
This thread is dedicated to talk about any Police Problems that you have encountered in Ontario, Canada.
The problem or complaint MUST be related to a Driving offense!
This is NOT an open invitation to Attack our Police force in Ontario, BUT if you have certain issues or complaints, please tell your…
G2 driver, BAC .03%, 2 tickets. Does it affect insurance?
Hey
Last week, around 9:30 at the Britannia water purification plant (Ottawa), undercover cops put on their lights. I was outside of my mom's vehicle (van) about to go for a simple #1 in the bushes (even had a bunch of tissues in my hands) when one officer asked me what I was doing (my bf was also…
Guidelines for submitting video evidence?
We are living in the age of digital video. HD 720p and 1080p CRYSTAL CLEAR Video. If a picture is worth a thousand words, then a video is worth a million.
I had video evidence for a case but it was not accepted. I apparently did not submit it properly/ at the right time. Despite this I had my ticket…
Electric Cars in Ontario?
According to current regulations, no electric car can be driven in Ontario (and anywhere else in Canada except BC). Do you find it somewhat ridiculous that, despite all the fanfare about the environmentally friendliness talk, and high gas prices moans, we cannot use the most…
People are Driving Faster
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
What are the potential tickets/fines??
I might be moving from Manitoba to the Ottawa area.
My question is, I drive a 4x4 truck and my summer tires stick out beyond the fenders about 1.5-2inches. Is that illegal in Ontario? If so will installing fender flares take care of the problem? Also the truck has True dual exhaust (2 pipes from…
Parking too close to a driveway?
Okay so while at school today i parked on a residential street in Hamilton Ontario. the person in front of me did not pull up very far so i was forced to park fairly close to the driveway of the house i was in front of. I got out to make sure they had plenty of room to drive out if they wanted to,…
121 km/h in a posted 80 km/h - Disclosure attached
Hey guys,
Just wondering if I can get some help on what to do for this ticket. I have a court date on August 17th. I simply cannot afford this. I haven't had an offence in years, and pay attention to my speeds now. One night when I was too focused on the road and not the speedometer, I get pulled…
147 in 90 zone - first offence - probable outcome?
Hi,
I got pulled over for doing 147 in a posted 90 zone on hwy 17 heading east towards Ottawa where I live. My car was impounded for 7 days and the officer took my licence. I'll probably go with one of those traffic ticket places. I don't feel like driving to North Bay 4 or 5 times.
The initial shock…
