Handed Disclosure at Trial | GTAMotorcycle.com

Handed Disclosure at Trial

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Bender613

Member
Today I had a parking ticket trial and was going to ask for an adjournment in court as I had not received the disclosure that I requested. Before court started, the prosecutor called my name and said the disclosure is ready for pick up and placed it on a banister. I turned it down as it was useless since I didn't have a copy of all the laws to ensure that the disclosure had all the necessary information and had no time to prepare a defence based on it. When my name was called I asked for an adjournment because I had no time to review it but the prosecutor argued that giving it to me 7 minutes before trial was enough then suggested I plead not guilty as by-law isn't there. I plead not guilty and the charge was dismissed.

Cliffs:
What am I supposed to do when disclosure is handed minutes before trial? Turn it down or accept it?
 
That is an interesting situation / question.

Just to confirm, you got off the parking ticket. didn't you? Did you officially accept the disclosure or not?

On a speeding ticket, I would say do NOT accept last-minute disclosure, demand an adjournment, because often you can find errors in the evidence that the officer is submitting.</SPAN></SPAN>

How did you request disclosure for the parking ticket? In person or by mail?</SPAN></SPAN>
 
MarcosSantiago said:
That is an interesting situation / question.

Just to confirm, you got off the parking ticket. didn't you? Did you officially accept the disclosure or not?

On a speeding ticket, I would say do NOT accept last-minute disclosure, demand an adjournment, because often you can find errors in the evidence that the officer is submitting.

How did you request disclosure for the parking ticket? In person or by mail?
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I got off the parking ticket as the officer was not there. I did not officially accept the disclosure.

I requested the disclosure by fax and printed a receipt to prove I sent in the request. I only provided my mailing address on the disclosure request so they would have to mail all communications to me.
 
Why did the crown even proceed to trial without their witness? Maybe a scare tactic, to get you to plea guilty
 
I accepted disclosure at the court before and requested an adjournment to review. Anytime I have seen courthouse disclosure, the JP gladly granted an adjournment. Refusing disclosure could be seen as confrontational and the JP may not be so helpful?
 
Bender613 said:
I requested the disclosure by fax and printed a receipt to prove I sent in the request. I only provided my mailing address on the disclosure request so they would have to mail all communications to me.
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Very smart way to do it ;)

You can accept disclosure ON your court date, but when asking for an adjournment state that "you've had insufficient time to review the disclosure and form your defence, as it was only provided to me minutes earlier." You can use this excuse even if they provide you disclosure DAYS before your court date!! Works every time and they will adjourn your case WITHOUT PREJUDICE so your 11b chances are still alive ;)

iFly55 said:
Why did the crown even proceed to trial without their witness? Maybe a scare tactic, to get you to plea guilty
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A very big scare tactic, if they can get you to plea (usually guilty to a lesser charge) you will still be convicted EVEN IF THE OFFICER ISN'T PRESENT! It's such a f'ing scam it really pisses me off. Last court date I went to the prosecutor was being very heavy handed "If you plead not guilty I'll AMEND UP the charges, your fine will triple! The OFFICER IS HERE, you have no case, plead guilty or face the consequences!" My friend was totally freaked out!!! I told her, hold your ground, we have a case.

We get in the courtroom (at 3pm) "the officer called in sick this morning and is not able to attend" boom, case dismissed! The other 11 people there that were written tickets by that same cop, ALL PLEAD GUILTY ON PLEA DEAL! wtf?!?!

-Jamie M.
 
iFly55 said:
@toysareforboys

which court house did this happen in?
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Appearance Date: 2012-03-08
Courtroom: #102, 605 Rossland Rd. E. Whitby, ON. L1N 0B7, 905-668-3130
Time: 3:00pm

-Jamie M.
 
slogan said:
I believe that they cannot rise/add/amend up the charges?! :confused5:
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If you got a "R" reduction for speeding, they sure damn can :(

-Jamie M.
 
slogan said:
Noway! If you were charged for (for example) 29 over (without reduction) - they cannot say that you were going 39 over at the court...
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care to put some money on that?
 
slogan said:
Noway! If you were charged for (for example) 29 over (without reduction) - they cannot say that you were going 39 over at the court...
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You were charged with speeding, not doing 29 Kmh oer the limit. The speed on the ticket is used to calculate the fine and points. Case law exists that permits the speed to be amended to that originally measured by the officer. The "R" is merely a visual indicator that the speed was reduced at the roadside. The officer's notes would do as well.
 
Well, that's what I am saying. If the officer did not reduce the speed at the beginning, and you are having a trail to defend against full speed, than no additional charges can be applied. I don't think it will be leagal if the officer did not inform you about the speed, that he did lock you on. then he can say, that he is writting the ticket for lower speed etc...
If officer reduced the speed (writing R or not in the ticket), than once you are going to trail, you are defending against original (non-reduced) speed - the same, it cannot be changed up-side.

But the prosecutor always sais, that the charges will rise dramatically - and that's the psychological trick, I guess...
 
Rob MacLennan said:
You were charged with speeding, not doing 29 Kmh oer the limit. The speed on the ticket is used to calculate the fine and points. Case law exists that permits the speed to be amended to that originally measured by the officer. The "R" is merely a visual indicator that the speed was reduced at the roadside. The officer's notes would do as well.
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Can they ever "upgrade" a ticket from speeding to careless in court? Your comment and Gambit's got me curious.
 
During a trial, can the prosecutor add an additional charge if either before or during the trial they either decide to amend, add, or figure they can try any charge while they are at it...none of which noted in the officer's notes?
 
... though that would almost certainly result in the trial being rescheduled, so that the accused to prepare a case against the new charges. At least it would if the accused was smart enough to request it.
 
lets not forget the statute of limitation is six months since the alleged offense; so they have six months to issue a summons

they can't introduce brand-new charges at a trial
 
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