How long is too long? I want to keep kicking this thing down the road, at what point will they throw it out
No guarantees, but that's been my experience.
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?
If you want any input you need to go.
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giving a date by which the Crown must provide it or that if it is not provided by the new date, the charge will be withdrawn.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.
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.
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.
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?
If the charge is withdrawn, you may receive a notice of that in the mail.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.
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.
- Similar Topics
Users browsing this forum: No registered users and 7 guests