Turn not in Safety - no evidence
Hi,
Got a ticket earlier this year for turn not in safety, requested disclosure - got one page that says 'No evidence' (hand written). My court date is in January, do I just go in and plead not guilty and state that there was no evidence provided in the disclosure or will talking to prosecutor get the charge withdrawn?
thanks
Re: Turn not in Safety - no evidence
Go to court the prosecutor might try to offer you a reduced charge in exchange for pleading guilty politely decline and ask to proceed to trial. Make sure they know you requested disclosure and received back that there is no evidence. At that point any ethical prosecutor would tell you to sit tight and that they would withdraw the charge. Whatever you do, do not miss the court date.
Re: Turn not in Safety - no evidence
thanks!!!
ynotp wrote:
Go to court the prosecutor might try to offer you a reduced charge in exchange for pleading guilty politely decline and ask to proceed to trial. Make sure they know you requested disclosure and received back that there is no evidence. At that point any ethical prosecutor would tell you to sit tight and that they would withdraw the charge. Whatever you do, do not miss the court date.
Re: Turn not in Safety - no evidence
Charge was dismissed
Thanks again.
acsta14 wrote:
thanks!!!
ynotp wrote:
Go to court the prosecutor might try to offer you a reduced charge in exchange for pleading guilty politely decline and ask to proceed to trial. Make sure they know you requested disclosure and received back that there is no evidence. At that point any ethical prosecutor would tell you to sit tight and that they would withdraw the charge. Whatever you do, do not miss the court date.
Re: Turn not in Safety - no evidence
Glad to hear it.
Re: Turn not in Safety - no evidence
Thanks for posting the follow up too! Awesome that it worked out for you, congrats.
I am interested in knowing if they did offer you a reduced charge before dismissing it?
Re: Turn not in Safety - no evidence
When I got to the court room the prosecutor asked my name and then just told me to sit down.
She did not ask what I plan on pleading or did not try to offer me to plea to another charge.
When my turn came up the judge asked what my name was and then the prosecutor told him that they were withdrawing the charge. Judge replied that saying charges dismissed and I was free to go
One thing I noticed was that on the attendance sheet there was a NE beside my name, so guess if you ever go and see that by your name that they have No Evidence against you
287 wrote:
Thanks for posting the follow up too! Awesome that it worked out for you, congrats.
I am interested in knowing if they did offer you a reduced charge before dismissing it?
Re: Turn not in Safety - no evidence
Thanks for the reply. Great info to know 
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Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
Thanks!
