I did thought of asking for an adjournment, and hoping to file for 11 (b), however I've been there since morning and have watched approx 200 ppl, and most of the people and all of the lawyers/paralegals plea guilty. The ones that asked for an adjournment from what I've heard don't really get it after like 9+ months (and I had a "wanna get this over with" feeling).azndimsumjai wrote: ↑May 24th, 2014 12:44 pmI don't think this is the complete case. I think the case was that you went to court unprepared, you did not request disclosure in a timely manner, and you did not try to adjourn based on the fact that proper disclosure was not given to you in a timely manner. For the no number argument you can state that the court sends you a notice in the mail about the trial date and as such the prosecutors office should be able to too. You should also state that in other jurisdictions they are able to do this. Forcing you to trial on the spot without ample time to prepare a defense is extreme prejudice against you and you should have argued it in that sense.
Also, the point of adjournment isn't hoping that the officer does not show up, the point of adjournment is to delay the trial past 10.5 months where you can file an 11(b) and have the trial stayed. If you go to war unprepared expect to get demolished. Please do not advise others just to pay for everything as it is pointless, there have been people who are successful in getting stays and there have been people who have not been. It all depends on how hard you work to prepare, what kind of case law you can cite. You let the prosecutor bully you and did not stand your ground for your rights at all. The best thing to do is to have everyone in the world try to clog up the system by arguing stays and adjournments. The more people that do this, the more time court takes and the more likely more people are able to file for 11(b).
As I've already said it's just from what I've observed. The ones that challenges the evidence with the color of car/what is traffic like/what was the weather like/laser calibration/was officer trained etc never worked from what I've seen that day. Maybe it's just that particular day.
I've also said that they should still request a trial, but in terms of actually hoping to win based upon cross/examinations etc, unless you have absolute proof, I don't think it would work (my opinion).
What's freakin annoying was that they all seem to be familiar with each other....prosecutor...officer...justice.