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Not enough time to review disclosure
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PostPosted: Thu May 08, 2014 8:10 pm 
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Newbie

Joined: Thu May 08, 2014 6:50 pm
Posts: 1
Hi all, I am wondering if I can apply for a stay in this case, any input is appreciated

My first trial is next Monday, just got the mail today (Thurs) asking to pick up the disclosure. Which means I only have tomorrow (Fri) to pick it up and have the weekend to work on my trial strategy.

I sent a fax to the prosecutor's office 2 1/2 months ahead, and then I followed up in person last month. Do I have enough case to have the trial delayed?

*Date on the letter i got today was written in May 6, so even if I picked it up right away I still had less than a week to prep

Thanks in advance


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Re: Not enough time to review disclosure
PostPosted: Fri May 09, 2014 1:46 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
It’s somewhat dependent on your charge and how much evidence there is to review. Chances are you’ll be granted an adjournment (not a stay), but be prepared to articulate why it’s needed. I’ve seen defendants receive disclosure on the day of their trial and not receive any adjournment.

You already know what offence you’ve allegedly committed, so how much will disclosure impact your defence? For instance, if you’re accused of failing to stop at a stop sign and the officer’s notes simply say you failed to stop, there’s not much to review or research. The more complex the charge and the more information there is to review, the more likely an adjournment. I don’t say this to discourage you, just to consider how you'll articulate your request. I think most people get denied simply because when they're asked why it's needed, they’re caught off guard.


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Re: Not enough time to review disclosure
PostPosted: Fri May 09, 2014 2:42 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
When did you get your Notice of Trial?


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Re: Not enough time to review disclosure
PostPosted: Fri May 09, 2014 10:23 am 
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Joined: Wed May 07, 2014 2:18 pm
Posts: 21
bend wrote:
When did you get your Notice of Trial?


Very valid question. If you had several months notice and didn't act on it immediately, that may lower your chance for getting an adjournment.

_________________
Do not take anything I say as legal advice. Only a lawyer can give legal advice. I am not a lawyer.


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