whats a pre trial consist of?
08-Jun-2006, 09:56 PM
#1
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whats a pre trial consist of?
in march i was in a fight, needless to say the guy pressed charges against me even though he hit me first but got the **** end of the stick. Anyways i got 3 charges and am going to pre trial on the 20th, now what exactly is pre trial? i dont have a lawyer yet but will be obtaining one soon, so what exactly is pre trial and what goes on, also i heard i might have to wait a year until i can get a trial date due to the courts being so backed up, true? i just wanna get this over and done with cause im not guilty.
08-Jun-2006, 10:25 PM
#3
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pre trial
obviously hes pleading not guilty so tell your lawyer that when you go and make your plea that u want the DISCLOSURE then or as soon as possible following that so u have as much time as possiible to do the following
you want the disclosure so that u know if u mite wanna plead guilty ( your lawyer will tell u this ) if there is a mountain of evidence against you
a pre trial is where whats called a " disclosure " basicly all the evidence that is against you is presented , this is so that u and your lawyer can prepare a good defense . u can go to court what seems these days to be as many times as u want after that and remand ( push the trial date further ) so u can continue to prepare a defense once u go to trial u will present your defense and they will determine if u are guilty or not YOU THEN HAVE ANOTHER COURT APPEARANCE directly after where they determine your sentence
all the luck to you and hopfully u dont have to go to sentencing or what some of us refer to as court room 2
you want the disclosure so that u know if u mite wanna plead guilty ( your lawyer will tell u this ) if there is a mountain of evidence against you
a pre trial is where whats called a " disclosure " basicly all the evidence that is against you is presented , this is so that u and your lawyer can prepare a good defense . u can go to court what seems these days to be as many times as u want after that and remand ( push the trial date further ) so u can continue to prepare a defense once u go to trial u will present your defense and they will determine if u are guilty or not YOU THEN HAVE ANOTHER COURT APPEARANCE directly after where they determine your sentence
all the luck to you and hopfully u dont have to go to sentencing or what some of us refer to as court room 2
08-Jun-2006, 11:42 PM
#5
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yes if u want to remand your trial till then u may do so but depending on the judge after a certain amount of time they may find reason to quetion the fact that u are still remanding your trial and might result in a bias decision if they are the ones present on the day in question if u are or are not guilty.
everytime u remand u must give a verbal reason as to why.
everytime u remand u must give a verbal reason as to why.
09-Jun-2006, 12:36 AM
#7
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i think u mean " judicial" pre-trial
this mean u are presiding infront of a judicial or an official person prevented from taking a matter further because of limitation by certain regulations or in simple terms they are not a judge but have the authority to conduct pre-trial proceedings or an actual pre-trial hearing...
this mean u are presiding infront of a judicial or an official person prevented from taking a matter further because of limitation by certain regulations or in simple terms they are not a judge but have the authority to conduct pre-trial proceedings or an actual pre-trial hearing...
09-Jun-2006, 08:20 AM
#9
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Originally posted by RDub99
if he hit you first then lay charges on him.. go to court and say i'll drop my charges if you drop yours and bingo its done..
if he hit you first then lay charges on him.. go to court and say i'll drop my charges if you drop yours and bingo its done..
X1000000Get him back with some charges, its been done before (trust me I know
)Best option.
09-Jun-2006, 08:44 AM
#10
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Don't you have to lay charges at the time of the incident? I presumed it's been a while since coreyhayman's been charged. So, I think it might be too late for him to counter charge the other person. I mean it's on it's way to court process already...
10-Jun-2006, 09:23 AM
#12
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I doubt the charge will even stick. The other guy started the fight by the sounds of it and probably ended-up losing to coreyhayman.
Considering that they were both actively fighting, the fight would be considered consensual and the charge should get dropped.
Considering that they were both actively fighting, the fight would be considered consensual and the charge should get dropped.
10-Jun-2006, 03:14 PM
#14
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ok so let me get this straight, a judicial pre trial is pretty much just going there and them stating what happend and me pleading guilty or not guilty and then if not guilty them setting up a date for trial etc?
23-Jun-2006, 10:01 AM
#18
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A pre-trail is for one reason only, to see if the Crown has enough evidence against you to proceed to trail.
If the judge is satisfied the crown has enough material to make the case, a plea is entered and a trial date is set whether you plead guilty or not. You would then have the option of judge alone or judge and jury IF it goes to trail.
Sounds like you should pop this guy again for being stupid.
If the judge is satisfied the crown has enough material to make the case, a plea is entered and a trial date is set whether you plead guilty or not. You would then have the option of judge alone or judge and jury IF it goes to trail.
Sounds like you should pop this guy again for being stupid.
