Disclosure Not Received Yet - Trial Date Soon
Hi all, I have a pending case that I'd like some advice with.
The offence date was Aug 22, 2014 in Toronto and I plead not guilty and received my notice of trial on Sep 22, 2014. The trial date is set for Nov 20, 2014. I requested disclosure via registered mail on Sep 30, 2014. I have not received anything from them indicating that my disclosure is ready for pickup. My trial date is less than 3 weeks away and I was wondering if I should be submitting a second request or calling the office and asking about it?
Also, during the stop the officer informed me that there was a camera in the police car that would be recording audio and video of our interaction. My request for disclosure included that this video/audio be disclosed as well but I was wondering how they would provide this. Will it be a viewing that I would only be able to see once, or do they give you a USB stick with the file?
Thanks in advance.
It's normal to wait up to 8 weeks for disclosure.
Most likely you will be offered disclosure on your trial date and they will put off your trial to another time. Neither side is considered at fault because your trial date just happened to be too close in time to fulfill a disclosure request.
You can send another request if it makes you feel more comfortable, but I wouldn't be too worried.
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