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URGENT: Need to move trial date - where do I go?

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Old 08-06-2009 | 10:36 PM
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Default URGENT: Need to move trial date - where do I go?

Been totally slammed at work and haven't had a chance to invstigate this - TOMORROW is the only day I can go in and move my trial date. (Part of the "delay" tactic we all use to fight a ticket). And the trial date is MONDAY!

So - do I go to where I filed my request for a Trial, Ont. Court of Justice at 137 Edward Street?

Or do I go the Court House where the trial will be held, Old City Hall Toronto?

I only have tomorrow AM to sort this out - so need to be at the RIGHT place right for 8:30am.

Thanks in advance for help on this!

RK
Old 08-06-2009 | 10:49 PM
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[standard disclaimer goes here] I believe what you need to do is file a motion for adjournment with the court. Courts only hear motions at certain specified days and times - it's not something you drop off to the clerk. You have to go in front of a judge and explain why you need an adjournment. I did this with a traffic ticket - I went to court on the appointed trial date and asked for an adjournment because my "counsel" was unable to attend. The judge granted it. At this late a date, unless you're in luck and you can get in tomorrow, you'll have to attend Monday to ask for the adjournment. Otherwise you're SOL and you'll be found guilty in absentia. Or you hire ex-copper.

And of all the courts to f*&k you over, it's Toronto municipal. They're the worst.

Good luck, my friend, but I'm not seeing it in your future, unfortunately.
Old 08-06-2009 | 11:01 PM
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Yeah - thinking that too. I'll try tomorrow AM - and if no luck will attend Monday with my NOM for adjournment filled out - had one handy.

Just not sure WHERE to try this tomorrow. I'm thinking courthouse.

Anyone confirm this?

Also - I know Edward Street opens at 8:30am - do the Provincial Court clerks show up at the same sort of hour?

RK
Old 08-07-2009 | 11:55 AM
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Okay - no love for me. Tried the courthouse - nope need to go to Edward Steet, Toronto Court Services. Even then - can't move it in time. Have to go to the trial and hope for an ajournment.

RK
Old 08-07-2009 | 12:09 PM
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Don't hope, ask for it - just come up with some BS about how you're not ready to proceed. Use my line - counsel was unable to attend today due to unforeseen circumstances - illness, whatever. If the judge asks for details play dumb - 'i don't know, my lawyer just asked me to come and ask for an adjournment because he can't be here today".
Old 08-11-2009 | 06:18 PM
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Extra bonus love flowed my way today. I don't actully understand what happened.

Went and checked in before the Court session started and the prosecutor said, "You've had 10 months to move this". I replied that due to a death in the family and the strike - I never managed to get it moved. He said, Fine - you'll have to ask the JP.

Session starts and it's PACKED. Almost 70 cases to plow through. The JP says in his opening remarks, if you're here for a not guilty plea - there's a good chance we won't get to you today!

I can't see the officer for my case in the courtroom and while I just wanted to move for an ajournment, I was suspecting that the officer wasn't there and I might get the charges withdrawn. One can hope.

After a few cases, they call me up and the PP says "The officer has no evidence in this case, and so I wish to withdraw the charges."

JP says, "Sir, you're free to go"

WTH?? I have NO clue why this occured. Not looking a gift horse in the mouth - and I'm actually VERY thankful to the officer - if indeed he WAS there and just wanted to let me off - but I'd love to know WHY this occured!

RK
Old 08-11-2009 | 06:51 PM
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Christmas came early this year. Congratulations.
Old 08-12-2009 | 12:03 PM
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RK, do you love christmas... ya doooo!

Originally Posted by Rally Guy
Extra bonus love flowed my way today. I don't actully understand what happened... Went and checked in before the Court session started and the prosecutor said, "You've had 10 months to move this". I replied that due to a death in the family and the strike - I never managed to get it moved. He said, Fine - you'll have to ask the JP... .
The Proscutor prolly knew the officer did not show up but still tried to put the screws to you in hopes that would pressure you into coping a lesser plea like alot of people do.
Old 08-12-2009 | 05:22 PM
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Originally Posted by jim 7
Christmas came early this year. Congratulations.
Sorry for the OT RK, Congrats again by the way.

Jim, is the car done?
Old 08-12-2009 | 06:01 PM
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Cops not showing up and charges dropped happend to me 3 times. i think it's pretty common.

Originally Posted by Rally Guy
Extra bonus love flowed my way today. I don't actully understand what happened.

Went and checked in before the Court session started and the prosecutor said, "You've had 10 months to move this". I replied that due to a death in the family and the strike - I never managed to get it moved. He said, Fine - you'll have to ask the JP.

Session starts and it's PACKED. Almost 70 cases to plow through. The JP says in his opening remarks, if you're here for a not guilty plea - there's a good chance we won't get to you today!

I can't see the officer for my case in the courtroom and while I just wanted to move for an ajournment, I was suspecting that the officer wasn't there and I might get the charges withdrawn. One can hope.

After a few cases, they call me up and the PP says "The officer has no evidence in this case, and so I wish to withdraw the charges."

JP says, "Sir, you're free to go"

WTH?? I have NO clue why this occured. Not looking a gift horse in the mouth - and I'm actually VERY thankful to the officer - if indeed he WAS there and just wanted to let me off - but I'd love to know WHY this occured!

RK



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