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- Newbie
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How long is too long for a charge to get a hearing.
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
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NOTHING I SAY ON HERE IS LEGAL ADVICE.
NOTHING I SAY ON HERE IS LEGAL ADVICE.
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