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Crown of discloser question. Harassment, Stalking, Misconduct

Discussion in 'Criminal Charges' started by Member 129650, Sep 7, 2020.

  1. Member 129650

    Member 129650 Law Topic Starter Guest

    How long should it take to receive your Crown of discloser? I emailed the request 2 weeks ago.
     
  2. justblue

    justblue Well-Known Member

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    U.S. Law only. You will have to find a Canadian site. Sorry.



    Reported.
     
  3. army judge

    army judge Super Moderator

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    I hope you aren't thinking about acting as your own attorney, especially if the matter facing you is a serious one.

    In the USA we call this process "discovery".

    You fine folks in our northern neighbor, Canada, call it "Crown Disclosure".

    I know very little about MOST of your laws in Canada.

    I know a great deal about your criminal laws and the trial process in Ontario.

    Why?

    I once upon a time successfully defended a person accused of murder in Toronto.

    What is "crown disclosure", someone might ask?

    Crown Disclosure refers to all materials the Crown will use against the accused in criminal proceedings, and usually consists of a package which includes several paper documents. Among the documents, individuals may find: police officers’ notes, witness statements, a copy of their CPIC (criminal record), and a screening form. A screening form is a form the Crown completes, which briefly details the charges against the accused, and the punishment the Crown will seek.

    Disclosure is not limited to paper copies of evidence, and can come in video, audio, or photograph form.

    Why is getting the disclosure important?

    Receiving all disclosure related to an ongoing criminal matter is important for a variety of reasons. A person can best face the charges against them if they can access all the information the Crown will be using to prosecute them. Furthermore, it is an individual’s constitutional right to receive their disclosure. It is therefore the Crown’s duty to provide the disclosure.

    Your defense lawyer has several roles related you receiving the disclosure.

    Crown disclosure often comes in stages over the course of a few weeks. It is not always complete or ready to be distributed to the accused by the time the accused’s first court appearance is scheduled. If an individual retains a lawyer, the lawyer will review the disclosure to see if there is missing information, and based on his or her findings, request that the Crown provide what is missing.

    Your lawyer will also review the Crown disclosure to understand the case against (you) the accused. Lawyers examine the disclosure to determine whether the process of obtaining evidence was fair to the accused, and that the accused’s rights were respected throughout any investigation. Finally, and most importantly, lawyers review the disclosure with the accused individual, to ensure that the individual knows about all aspects of the case against them, and that all of the individual’s questions are answered.

    I suggest you stay in touch with your lawyer, and pose any and all questions you have about the pre-trial and trial process ONLY to your lawyer.

    It is UNWISE to discuss ANY aspect of your case with ANYONE but your lawyer!

    Remember, speak ONLY to your lawyer about your case.

    Otherwise, mum is the word.
     
    Michael Wechsler likes this.
  4. Member 129650

    Member 129650 Law Topic Starter Guest

    Thank you, You have been most helpful. This is my first and last time ever getting into trouble. I made a huge stupid mistake. I was told i need to get this, to see if I'M able to get a Lawyer. I'm waiting to here back so i can a mental health assessment diagnosis. So some one can speak for me, because I'M not able too. I didn't even realize what i was doing. Wasn't in my right mind. I was also told i should call my court house a week before. The case may be thrown out because of covid-19
     
  5. justblue

    justblue Well-Known Member

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    Legal Line | FREE Legal Information


    Pro Bono Ontario offers Free Legal Advice by Phone
     
  6. army judge

    army judge Super Moderator

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    If you were told to call, it could be costly NOT to make the call.

    This life we live can be very surprising when we least expect it.

    Make the call, luck and fate might be smiling on you.
     

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