meeting with a prosecutor tomorrow (pre trial) what to expect? | GTAMotorcycle.com

meeting with a prosecutor tomorrow (pre trial) what to expect?

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barrebeast

Well-known member
i will request a withdrawl from my ticket and explain to the prosecutor the situation the day of the accident

what should i expect from meeting with him/her?

is there an actual way to convince them?

thanks in advance
 
barrebeast said:
i will request a withdrawl from my ticket and explain to the prosecutor the situation the day of the accident

what should i expect from meeting with him/her?

is there an actual way to convince them?

thanks in advance
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Convince him what?? Maybe if you gave us a better description of the charge or what happened wr could help you better.
 
that im not guilty?

there was an accident involving me and a truck pulling onto the road from the shoulder.. i was in my marked lane but was found cross the center line
charged with careless driving

i would just like to know how to deal with prosecutors
 
Prosecutor's job is to secure convictions even if that means plea-bargaining with a reduced charge, you will most likely be offered

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK227

HTA S. 148 (5) Fail to turn out to left to avoid collision - 2 demerit points + $110 fine

In court the Prosecutor needs the witness' testimony to secure the Careless charge; so if you're looking to get the charge dropped, the First-Attendance meeting will most likely end with the prosecutor scheduling a trial date

The Prosecutor would need to hear the other driver's side of the story, if it puts him at-fault the prosecutor would withdraw the charge and if it is within 6 month statue of limitations... prosecutor might charge the other driver with Careless Driving
 
barrebeast said:
i agree, i just feel the system will try and jerk me around with technical jargon i wont know how to appeal
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If you don't get a reduced/withdrawn charge and are forced to go to court then I guess you could hire one of those pointss/ticket companies to try and help you fight the charge. I've never used them so can't comment.

iFly55, wouldn't the other driver be questioned at the scene of the accident by the cops instead of the prosecutor? In my understanding, the police would've already questioned the other driver and as they did not find fault with him, they charged the OP instead? Or both can be charged separately?
 
barrebeast said:
what should i expect from meeting with him/her?
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The meeting with the prosecutor is to work out a guilty plea deal, they will not withdraw the charge at the first meeting.

barrebeast said:
i was in my marked lane but was found cross the center line, charged with careless driving
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If you crossed the center line you will be found guilty of careless driving. During an accident your are not allowed to cause your vehicle to leave your marked lane of travel, even if you successfully avoided the accident in doing so.

Don't accept any plea deals and hire a lawyer asap. Careless driving will make your insurance not fun for the next 5 years ish.

-Jamie M.
 
iFly55 said:
Prosecutor's job is to secure convictions even if that means plea-bargaining with a reduced charge, you will most likely be offered

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK227

HTA S. 148 (5) Fail to turn out to left to avoid collision - 2 demerit points + $110 fine

In court the Prosecutor needs the witness' testimony to secure the Careless charge; so if you're looking to get the charge dropped, the First-Attendance meeting will most likely end with the prosecutor scheduling a trial date

The Prosecutor would need to hear the other driver's side of the story, if it puts him at-fault the prosecutor would withdraw the charge and if it is within 6 month statue of limitations... prosecutor might charge the other driver with Careless Driving
Click to expand...


thanks... this is what i was looking for


and yes i do believe the prosecutor will just try and just work out a plea
i will just be honest and explain the story thoroughly, i do not trust paralegals to tell my story and walk away witha reduced when i could probably do that myself

i believe the driver did not see me when pulling back onto the road, and any /witnesses were coming from oncoming traffic at a distance and didnt see the situation asit happened
 
One piece of advice, get there early or expect a long wait. Last month i lucked out by being one of the first in the line-up, by the time i was finished with the meeting the line up was snaked around the entire 2nd floor. If your meeting is scheduled for 2:00pm, show up at 1:30.
 
As I remember how the original story went, I'm in agreement with the 'just tell the truth' method here. It sounded like you were improperly charged.
 
thanks guys my appointment is today i'll be sure to get there early and have my story straight, hope for the best
 
barrebeast said:
thanks guys my appointment is today i'll be sure to get there early and have my story straight, hope for the best
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Make sure you let us know how it turns out!!

Good luck.

-Jamie M.
 
just got back. prosecutor didnt have disclosure on details of the accident.. so we couldnt come to a resolution.
have to wait 5 months just to receive a court date, then request disclosure.

smh
 
barrebeast said:
just got back. prosecutor didnt have disclosure on details of the accident.. so we couldnt come to a resolution.
have to wait 5 months just to receive a court date, then request disclosure.

smh
Click to expand...
Sounds good. Wait 60 to 45 days prior to your court date and request disclosure. If the prosecutor didn't have it already there's a good chance it won't be ready for your trial = charge dismissed ;)

-Jamie M.
 
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