Need Advice: Trial in 15days..is it too late to request one?
jelly_belly
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Need Advice: Trial in 15days..is it too late to request one?

Unread post by jelly_belly »

Hi

I was charged with speeding (82 in 60 Zone) back in August on EB Lakeshore, and I received the trail date via mail on 15th Dec. I receive the mail till 7th Jan 2013, bcos I was on vacation till then. My trial date has been set to 5th March '13.

I really didn't know much about fighting tickets, till I came across TicketCombat and requesting Disclosures..

Disclosures - Is it too late to request one? Do you think ill get a response? Should I fax it in or mail it in? And even if they do respond telling me that they wont mail it in, what should I do - pick it up from the court or insist on mailing it to me?

I really wish I had started my research earlier.. feels like a dwerp..

Any advise will help...thanks/JB


bend
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Re: Need Advice: Trial in 15days..is it too late to request

Unread post by bend »

jelly_belly wrote:Hi

I was charged with speeding (82 in 60 Zone) back in August on EB Lakeshore, and I received the trail date via mail on 15th Dec. I receive the mail till 7th Jan 2013, bcos I was on vacation till then. My trial date has been set to 5th March '13.

I really didn't know much about fighting tickets, till I came across TicketCombat and requesting Disclosures..

Disclosures - Is it too late to request one? Do you think ill get a response? Should I fax it in or mail it in? And even if they do respond telling me that they wont mail it in, what should I do - pick it up from the court or insist on mailing it to me?

I really wish I had started my research earlier.. feels like a dwerp..

Any advise will help...thanks/JB
You probably won't receive a response, but the prosecutor will acknowledge receiving it prior to your trial. He will make arguments to the court that you waited too close to the trial to request it and that's why you haven't received it.

That being said, you've had a little less than 2 months to prepare for your trial. It's quite possible that if you send in your request right away, the judge will ask the prosecutor to provide you with disclosure on the spot and reschedule your trial for another date.


jelly_belly
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Re: Need Advice: Trial in 15days..is it too late to request

Unread post by jelly_belly »

Thanks so much bend..
bend wrote:
jelly_belly wrote:Hi

I was charged with speeding (82 in 60 Zone) back in August on EB Lakeshore, and I received the trail date via mail on 15th Dec. I receive the mail till 7th Jan 2013, bcos I was on vacation till then. My trial date has been set to 5th March '13.

I really didn't know much about fighting tickets, till I came across TicketCombat and requesting Disclosures..

Disclosures - Is it too late to request one? Do you think ill get a response? Should I fax it in or mail it in? And even if they do respond telling me that they wont mail it in, what should I do - pick it up from the court or insist on mailing it to me?

I really wish I had started my research earlier.. feels like a dwerp..

Any advise will help...thanks/JB
You probably won't receive a response, but the prosecutor will acknowledge receiving it prior to your trial. He will make arguments to the court that you waited too close to the trial to request it and that's why you haven't received it.

That being said, you've had a little less than 2 months to prepare for your trial. It's quite possible that if you send in your request right away, the judge will ask the prosecutor to provide you with disclosure on the spot and reschedule your trial for another date.


jelly_belly
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Re: Need Advice: Trial in 15days..is it too late to request

Unread post by jelly_belly »

Hi guys.. I had my trial yesterday. Guess what? The officer didnt show up, and they dropped the charges.. :D

I want to take this moment to thank everyone everyone for their valuable advice..

And I would like to share my experience..

I went to the court with my spouse to represent me. I had a last minute errand to run and couldn't make it. My wife met the clerk/prosecutor and let her know who she is and that she is representing me. My wife told her that we didn't get a response to the disclosure request.. and almost immediately, the prosecutor asked if we wanted a new trial date (which is what we wanted). That set off some alarms, and my wife replied that she will have a look at the disclosure and let her know. The fact that the prosecutor was readily agreeing to change the trial date was fishy, because they normally dont, I've heard.

I managed to make it in time to the court when they were hearing the cases.. We noticed that the officer wasn't in, and a lot of cases before us got dismissed with the same officer badge no: .. Mine got called and I went up - you should've seen the look on her face.. like "who the hell is this guy" ..I pleaded not guilty..Best. Felling. Ever.

..Just as I was about to make my way out, the prosecutor interrupted me and she asked me about my wife who was in the court rep me..I said I had an errand but managed to make it back on time.. She said - "well, that's good.. the case is dismissed.. Consider this your lucky Day!!" :)

Once I got home, I saw a note from the court which I received on 28th Feb asking me to collect the disclosure in person from the court. (I had sent a written request on 17th Feb)

Once again.. thank you guys


hecubus
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Re: Need Advice: Trial in 15days..is it too late to request

Unread post by hecubus »

jelly_belly wrote:And I would like to share my experience..
Thanks for providing an update, specifically the final outcome and your experience in the courtroom; it is most appreciated.

There are so many threads where help is requested, some replies are posted, then nothing. If folks could simply post a quick reply about what happened, even if it's decided to plead guilty before the trial, this would provide much valuable information about what really happens in the court room.


bend
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Re: Need Advice: Trial in 15days..is it too late to request

Unread post by bend »

jelly_belly wrote:My wife told her that we didn't get a response to the disclosure request.. and almost immediately, the prosecutor asked if we wanted a new trial date (which is what we wanted). That set off some alarms, and my wife replied that she will have a look at the disclosure and let her know. The fact that the prosecutor was readily agreeing to change the trial date was fishy, because they normally dont, I've heard.
Your spidey-sense was correct. A prosecutor wont go out of their way to offer you a new trial date out of the goodness of their heart, especially if they can make a case for you taking too long to request disclosure. If it goes to the Justice, it's too late for them. The case is a lost cause. If they can work out a deal with you in advance and present it to the Justice, they don't usually have to account for the missing officer.






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