Lack of Disclosure

[buck]

For those with experience:

I have an upcoming court date. I have made multiple attempts to receive disclosure, fax requests as well as calling. No disclosure yet and trial is coming up.

I'm preparing for my court date. Question is:

At what point during the court date do you request for motions?

Do you mention to the Prosecutor when checking in that you plan on motioning for an adjournment or to stay the trial due to lack of disclosure? Obviously I wouldn't accept disclosure on the day of the trial.

or,

Do you just tell the prosecutor when you check in that you are not guilty and plan on going to trial. Then when you are called up for the pre-trial hearing, is that when you motion for adjournment or stay of trial?

 

[jay-d]

Hey man,

I've been through this plenty of times! This is how it goes down. You should have copies of all your disclosure requests! Take them with you.

When you check in with the prosecutor, he'll try to plea bargain and you simple ask him where your disclosure is. He'll rummage through his files and if he finds it, he'll try to give it to you. This is where you deny it.

If he doesn't find it, then he'll tell you to have a seat and you've won already Sit back, relax, and wait until your name is called in court and the prosecutor will tell the JP that there's no evidence or something against and you'll be free to go. This is how it happened to me two times.

If the prosecutor HAS disclosure and you refused it.. you motion at the arraignment. This is of course, if you're going to trial and didn't plea bargain with the prosecutor, when the clerk stands up and reads you your offense, that's where you motion.

I don't have any of my notes that I've made with me to tell you what to say, case laws too if the prosecutor gets all bitchy and what not. I learned all this on www.ticketcombat.com and copied all the case laws and printed everything from that website! Lots of good info.. read it and read it and read it some more! Look up the section on "stays" as that's what you'll be motioning for.

 

[OpenGambit]

Hey man,

I've been through this plenty of times! This is how it goes down. You should have copies of all your disclosure requests! Take them with you.

When you check in with the prosecutor, he'll try to plea bargain and you simple ask him where your disclosure is. He'll rummage through his files and if he finds it, he'll try to give it to you. This is where you deny it.

If he doesn't find it, then he'll tell you to have a seat and you've won already Sit back, relax, and wait until your name is called in court and the prosecutor will tell the JP that there's no evidence or something against and you'll be free to go. This is how it happened to me two times.

If the prosecutor HAS disclosure and you refused it.. you motion at the arraignment. This is of course, if you're going to trial and didn't plea bargain with the prosecutor, when the clerk stands up and reads you your offense, that's where you motion.

I don't have any of my notes that I've made with me to tell you what to say, case laws too if the prosecutor gets all bitchy and what not. I learned all this on www.ticketcombat.com and copied all the case laws and printed everything from that website! Lots of good info.. read it and read it and read it some more! Look up the section on "stays" as that's what you'll be motioning for.

Not Bad.. +1

 

[buck]

Hey man,

I've been through this plenty of times! This is how it goes down. You should have copies of all your disclosure requests! Take them with you.

When you check in with the prosecutor, he'll try to plea bargain and you simple ask him where your disclosure is. He'll rummage through his files and if he finds it, he'll try to give it to you. This is where you deny it.

If he doesn't find it, then he'll tell you to have a seat and you've won already Sit back, relax, and wait until your name is called in court and the prosecutor will tell the JP that there's no evidence or something against and you'll be free to go. This is how it happened to me two times.

If the prosecutor HAS disclosure and you refused it.. you motion at the arraignment. This is of course, if you're going to trial and didn't plea bargain with the prosecutor, when the clerk stands up and reads you your offense, that's where you motion.

I don't have any of my notes that I've made with me to tell you what to say, case laws too if the prosecutor gets all bitchy and what not. I learned all this on www.ticketcombat.com and copied all the case laws and printed everything from that website! Lots of good info.. read it and read it and read it some more! Look up the section on "stays" as that's what you'll be motioning for.

Perfect - thanks that is the info I was looking for!