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So I requested disclosure for my april trial , I asked for everything I could, both sides of tickets, officers notes, any other relevant information etc.... It was for speeding btw. The problem is all I got was a photocopy of the officers tickets with some radar code on it.
Thats it! No other notes or even anything i can understand.
Would I just go ahead in court and fight it based on his lack of info, or request I think the 11b due to insufficient evidence to represent myself?
depending on the prosecutor, they may get an adjournment for you to get all the disclosure, or they may just dismiss it due to the lack of disclosure.
11b is not relevant, this is for undue delay till the court date.
If the requested information was reasonable then you resubmit, stating the deficiencies in the previously received disclosure, and ask for the missing information once again. You MUST do your due diligence in requesting it. If it doesn't come in time for your trial then you state that additional (missing) disclosure was requested but has not been received, and request dismissal at trial. At the very least you should be given a new trial date, so that you have time to assess the new information. Make sure that you have documentation of these requests and can present it, in court.
So even though court is 30 days away , i should go back to the court office and request the information again that I had asked for? So then A I may get more info and then I have a better chance to defend myself, or B It may take to long then I have the option of a new date or maybe getting it dismissed based on me not getting the appropriate evidence to defend myself.
Quote:
Originally Posted by Rob MacLennan
If you show up to court saying that the information you received was insufficient, the court will likely ask what you did about it. If you can say that you again requested everything that you originally asked for, then you have an answer. I both reflects badly on the prosecution, and gives reason for the extra time you need. Even if it comes in prior to your trial you might be able to get more time, to study the information, because the prosecution failed to provide it in a timely manner when you first requested it.Quote:
Originally Posted by ajaxguy
even if it was a week away, you should always re-request for disclosure if it's incomplete; you need to show the courts that you exercised due-diligence in trying to get complete disclosure
JP will ask what you did since receiving incomplete disclosure to the trial, if you say you sat your on hands... the new delay will be attributed to you and the 11b clock stops
don't assume the charges will get tossed because you didn't receive complete disclosure, the courts can adjourn and give you disclosure at trial to prepare for your new date
a lot of times the crown drops the charges because the new trial date would infringe your 11b, so to save everyone time they drop it... but either way you can still use your 11b argument on the new date if it's in the window
^^^ this! Re-request disclosure right away! Make sure you get fax receipts, etc., to prove you've re-requested it (if sending a letter send it signature required, if submitting the request in person make sure they give you a stamped receipt).Quote:
Originally Posted by iFly55
When you get to your court date you'll tell the judge you didn't get complete disclosure, the judge will ask the crown if he has complete disclosure and if he does the crown will hand you the disclosure you re-requested. The judge will ask if you want to continue with trial right now, and you say no, in light of not having the complete disclosure until now, you will require time to form your defense. The judge will usually adjourn the case without prejudice against you. If the crown is unable to produce the complete disclosure you have requested he will dismiss the charges because of incomplete disclosure.
-Jamie M.
One of my disclosures was nearly impossible to read the cop's notes. I went to the office 4 weeks before my trial, and showed the lady what I was talking about. She looked at the notes and couldn't make sense of it either. So I had to file a request for the office to type out his notes. Unfortunately, he actually did, 2 days before trial, lol. Either way, he did not make it to court because he was a witness at a criminal court at the same time, so the ticket got tossed.