Disclosure ready a few days before court date, should I go pick up (Toronto)

[xusword]

Hi

I have got a ticket for going 66 on 50 zone. I was not convinced that I did go at that speed, so I have requested for a disclosure. The court date is May 31 and I have requested for the disclosure Feb 6th. They have just called me (May 25, afternoon) that my disclosure is ready. (Minus the weekend, I only have 3 days to react)

I am sure this is a trick that the nasty prosecutor played on me. Even if I go pick up I have no time to talk to an expert and prepare for my case. Am I allowed to use this as basis to ask for another court date?

thanks

 

[evang]

tell them just that.

you were only given the disclusure and were not provided with sufficient time to review, consult with experts and properly plan your defense.

They should put it off for another date no problem.

 

[Rob MacLennan]

Pick it up. Review it. Formulate your defence, as best you can. When called, in court, state that you were given insufficient time to prepare, citing the dates involved and the unreasonable delay in obtaining disclosure, and see if they'll give you a continuance. If not, go forward and, if convicted, file for appeal on the same basis.

If you haven't already filed for 11b, then it's too late. If you obtain a continuance, then you can file in the meantime. Check the sticky post.

 

[Rossi86]

Hi

I have got a ticket for going 66 on 50 zone. I was not convinced that I did go at that speed, so I have requested for a disclosure. The court date is May 31 and I have requested for the disclosure Feb 6th. They have just called me (May 25, afternoon) that my disclosure is ready. (Minus the weekend, I only have 3 days to react)

I am sure this is a trick that the nasty prosecutor played on me. Even if I go pick up I have no time to talk to an expert and prepare for my case. Am I allowed to use this as basis to ask for another court date?

thanks

This is where it all went wrong for you, never give the prosecutor your phone number! You can't prove what conversation you had over the phone. If the prosecutor mailed you a letter saying "your disclosure is ready" you take that to the JP and show the date it was sent. Now tell the JP when the disclosure was ready and hope for the best when you argue insufficcient time given to prepare a defence. If there's crucial info missing on the disclosure don't hesitate to bring it up as well.