Is there any chance I can get off by just showing up and telling the judge i did not recieve disclosure?
or will my trial be postponed and i will recieve disclosure at that time?
any insight would be great>
I unfortuanetly only have one proof of fax I did not save them all.
In re... get your discl request stamped while you are at court so you have proof. Not sure what you mean re this?
If you did not get disclosure, then, in your case, I'd argue that it is necessary and you cannot proceed to trial without it. They should adjourn and charge the delay to the Prosecutor IF you show enough proof that you made a couple of disclosure requests within a reasonable time frame.
http://www.OntarioTicket.com OR http://www.OHTA.ca
I only have 1 fax confirmation recipt, do you think I will be O.k?
Even one request, with receipt, should suffice for an adjournment. Especially if it was made within a reasonable time of the trial [say 6 weeks]. There is a chance the Crown will withdraw charge in these cases of non-disclosure. That will be up to them entirely.
When you arrive in court on the day of your trial, you should check in with the Prosecutor prior to entering the court room and ask for your disclosure package. This shows them you are aware of your rights to disclosure and they might not want to bother with adjourning the trial and opening up to a potential 11b motion. Be polite and don't insinuate anything.
would it be best to not see the prosecutor and just wait till my name is called and ask the judge to drop the charges?