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

Its somewhat dependent on your charge and how much evidence there is to review. Chances are youll be granted an adjournment (not a stay), but be prepared to articulate why its needed. Ive seen defendants receive disclosure on the day of their trial and not receive any adjournment.

You already know what offence youve allegedly committed, so how much will disclosure impact your defence? For instance, if youre accused of failing to stop at a stop sign and the officers notes simply say you failed to stop, theres 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 dont 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, theyre caught off guard.

When did you get your Notice of Trial?

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.