Thank you for the reply.ShrekTek wrote: ↑Aug 9th, 2017 9:47 amYou will not plead not guilty in either scenario... you only plead guilty or not guilty once the trial actually starts. The trial does not start until officer issues and disclosure issue are dealt with first.
Basically if officer is not there you should ask them to withdraw charge ( do not mention you do not have disclosure yet). They may agree or they may try to move it to a new date. You should object if they try to move it, but that may not stop them from doing it.
If the officer is there, then you should ask them to withdraw charge because you did not receive the disclosure you asked for. Most likely in this scenario the JP will tell prosecutor to get you the disclosure and will set a new trial date though as they usually don't drop the charges on the first trial appearance for disclosure issues. Some JP's will tell you to go outside with officer and go thru notes and then come back in for the trial, however you should object to the trial part because even if you go thru the notes with him, you still have not had any time to go over them and properly prepare a defense.
If I understand correctly, when I get into the court room the prosecutor will go to each one of us and ask how we plead but this will only happen once police officer and disclosure issues are dealt with first. What do you mean by dealt with? Are you saying the prosecutor will not even ask me how I plead until they figure out where the officer is or why I have not been given disclosure?
Also, you say that I can object to them moving the date. What reason do I give them? I have proof that I will be away from my home for 6 days later this month...just curious as to what reason is acceptable.