requested disclosure 6 weeks ago, not received, court tomm..

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paradigm
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requested disclosure 6 weeks ago, not received, court tomm..

by: paradigm on
Thu Mar 11, 2010 8:05 pm

Hi All:
I requested disclosure 6 weeks ago, and I have my traffic court date set for tomorrow.

Is it reasonable that I request that the trial be adjourned until I have been provided with both the disclosure and enough time to review and prepare my defence?

Further, I have already adjourned the trial date once prior for a different reason.

Thanks


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beleafer81
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by: beleafer81 on
Fri Mar 12, 2010 12:49 am

Absolutely IMO. Maybe try asking to have the charges dropped because of it. Likely they will just adjourn at that point. But have the proof that you sent the disclosure request. You sent registered mail right? so you have a signature of someone who recieved it, right?

I just read your other post. Your last adjournment was because you couldn't attend court for some school thing, right? Thats your fault. But if you do get this adjournment for non-disclosure this will be the crowns fault. You might try an 11b motion before your next court date.

Also be aware that they may try to hand you the disclosure package at the trial. Dont take it until after the adjournment and let the JP know you need more time to properly defend yourself.

And finaly please, do yourself a favor and stop asking these questions the day before your trial. Take some time to prepare. I hope things go well for you.

Let us know how it goes.
Last edited by beleafer81 on Fri Mar 12, 2010 1:11 am, edited 2 times in total.


paradigm
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by: paradigm on
Fri Mar 12, 2010 12:54 am

beleafer81 wrote:Absolutely reasonable IMO. Maybe try asking to have the charges dropped because of it. Likely they will just adjourn at that point. But have the proof that you sent the disclosure request. You sent registered mail right? so you have a signature of someone who recieved it, right?

What was the reason you had the last adjournment? If it was the crowns fault, and this second adjournment is granted you might look into filing for a 11b charter of rights violation.

Let us know how it goes.
I actually requested disclosure at the court, so I have a piece of paper with a stamp from the court that shows they received it.

The reason for the first adjournment was because my paralegal guy was unable to make it due to illness, so I do not think I can file for an 11b yet.

I was thinking of not even requesting an adjournment, but instead stating that they have failed to provide me with disclosure, and then just see what they say (i.e. leave the ball in their court)?


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beleafer81
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by: beleafer81 on
Fri Mar 12, 2010 1:10 am

paradigm wrote: I actually requested disclosure at the court, so I have a piece of paper with a stamp from the court that shows they received it.
Awesome.
paradigm wrote: The reason for the first adjournment was because my paralegal guy was unable to make it due to illness, so I do not think I can file for an 11b yet.
Ouch! I think that goes against you. I hope you didn't pay him too much. Someone from his office should have went in his place. Unprofessional IMO.

paradigm wrote: I was thinking of not even requesting an adjournment, but instead stating that they have failed to provide me with disclosure, and then just see what they say (i.e. leave the ball in their court)?
EXACTLY! If they deny that then you should get a stay.
They may have your disclosure ready for you at the trial. Let them And the JP know thats not a reasonable enough time to properly be able to prepare your defence.

Also I edited my first post here after reading your other post in the other thread. Sorry.


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by: Marquisse on
Fri Mar 12, 2010 9:03 am

Something similar happened to me, but what could happen with you is prior to the case being called, the prosecutor will want to speak with you to discuss how you're going to plead, etc., and then you will tell them you did not receive disclosure. They will do their darndest to get it to you prior to your case being called in order to not have an 11B. If they give it to you prior to your case, definitely ask the judge to an adjournment, or, if you're feeling gutzy, an 11b. The prosecutor will probably argue less if you ask for an adjournment, but will argue more if you ask for an 11b, saying that it was somehow your fault and that the prior adjournment was your fault (it is, legally and vicariously through your agent) and you'd have to express to the justice that you provided ample time. If you made attempts to enquire about your disclosure within the six weeks, by all means let the justice know. They may allow an 11b (although I do think an acceptable time frame of 2 years is allowed before an 11b is strongly recognized), or see it more equitable to allow the prosecution an adjournment given your previous adjournment. I just don't know if enough time has passed for a successful 11b motion to happen. If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.


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Radar Identified
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by: Radar Identified on
Sat Mar 13, 2010 12:04 am

Marquisse wrote:If you can show prejudice and that you went above and beyond to attempt to receive disclosure, then I can see a better outcome for an 11b.
+1
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
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