I broke the law in early february and dont have my court date until early september. I asked for the disclosure hoping they do not send it to me and I can adjourn to have this court date pushed down the road (As per other peoples stories on here)
How long is too long? I want to keep kicking this thing down the road, at what point will they throw it out
The thing about disclosure is that you have to actively seek it out once you’ve requested it. You can’t just request it and not pick it up, or just not query where it is. And if you keep “kicking this thing down the road” the delay to trial is against you and not the prosecution.
Understood - actively seeking a trial how long is too long to wait?
If you've requested disclosure and have actively followed up but do not receive it by the trial date, the court will likely adjourn the trial to allow time for disclosure. That delay will be attributable to the Crown. If you continue to follow up actively and disclosure hasn't been provided by the second appearance, the prosecutor will likely withdraw the charge.
No guarantees, but that's been my experience.
I submitted my request and got a call today from the office saying that they are going to have a prosecution motion in which I do not have to show up for in mid july. She said my request for disclosure came in but there is not a witness available on that date so they are going to schedule it out further.
She said I do not have to go to this motion but will receive notification in the mail when my next trial date is. Do people recommend I go? How do you recommend I work with this one?
The only reason you need to go is if you are objecting to the motion or want some input as to the new date. There may be dates put forward that don’t fit with your scheduled appointments.
If you want any input you need to go.
You probably should go. As Decatur said, if the date that's offered doesn't work, you'll have to go back and request another adjournment.
You can also raise the issue of disclosure. Keep following up between now and then. The prosecutor may have the disclosure on the motion date and may provide it to you. If not, the JP could issue an order giving a date by which the Crown must provide it or that if it is not provided by the new date, the charge will be withdrawn. It can't hurt to have a disclosure issue on the record.
What do you think my next best course of action to get out of this ticket?
Keep trying to get your disclosure.
Send FAX or registered mail. Keep your records.
Go to the adjournment and oppose it at least on the grounds of wanting a speedy trial. Bring up the disclosure again.
It is almost certain you'll be overruled and the disclosure will be granted. But you don't want to give any chance for anyone to say you are responsible for the delay, or consented to the adjournment, or you were not trying to get disclosure.
The thing is, if they try to do an adjournment multiple times, it increases the chance that it might not be granted, giving you a court date when maybe the cop can't attend.
this is the second time now the cop can not show up on the date of the trial and they are doing a motion for another trial date.
Will this go on forever? Or will the JP eventually throw out the ticket because the officer will not want to show up.
I was able to obtain a copy of the disclosure.
If it happens again, I would object vehemently. You've been prepared to proceed, but the officer and prosecution haven't been. Really, the charge should have been withdrawn this time.
The person that called me said I do not have to attend the motion I would attend to object but I will be on vacation and unable to vehemently object.
Since this is the second time they are trying to schedule a third date is there a chance that without me being their the JP will just throw out the ticket? If that happened would they let me know by mail?
Maybe. If the JP is sympathetic, he or she may toss it; however, that's more likely to happen if you're there. Without you there, the JP may give the prosecution another chance.
If the charge is withdrawn, you may receive a notice of that in the mail. If not, you will receive a notice of the new trial date. I would suggest you call the court office the day after the motion to find out what happened.
After the motion date for a new trial I never got anything in the mail, it had been a week so I called. In past instances with this same ticket they notified me of the new trial date in the mail.
I called the office and the lady gave me my new trial date but was glad I called because this time they were not going to send out a notice to me? Is that standard? If I hadn’t called I would not have known my new trial date.
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