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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101424
Experience:  Lawyer
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I went to traffic court todayand asked reserve of plea

Customer Question

I went to traffic court todayand asked for a reserve of plea pending on disclosure of the case and the justice of the peacenot a real judge entered a plea of not guilty and set a trail date
Submitted: 2 years ago.
Category: Canada Law
Expert:  Zoey, JD replied 2 years ago.

Good morning,

Your question makes it unclear whether you are talking about a case that's in Oklahoma or whether it's Canadian. Please let me know if this is or isn't a US case.

Customer: replied 2 years ago.
Its Canadian cell ticket
Expert:  Zoey, JD replied 2 years ago.

Thank you.

This landed in US law. It will have to be moved to Canada law where a Canadian legal expert will assist you. I will request that Customer service move this for you. It may take some time for them to make the change, so please be patient. Once a Canadian lawyer receives the question and posts a response, you'll get an email.

Please do not rate me. Save the rating for the Canadian who can actually give you the answer you requested.

Good luck with your case.

Customer: replied 2 years ago.
Where's my answer
Expert:  Debra replied 2 years ago.

I am a Canadian law expert but I don't see a question here.

Please explain what your question is.

Are you asking about whether you can change your plea later given what happened?

Customer: replied 2 years ago.
How can she make a plea when I reserved my right to plea pending on disclosure on holding a cell phone
Customer: replied 2 years ago.
Can I hold her to my right
Expert:  Debra replied 2 years ago.

Did you state to the court that you wanted to reserve your plea?

Was duty counsel helping you?

When you discovered that the JP was setting a trial date based on the JP determining that you pled not guilty and what did you say?

Customer: replied 2 years ago.
No I wasn't sure what happened until I talked to a friend that she had made a plea
Expert:  Debra replied 2 years ago.

What you should do is call the crown. There is a Crown's office at the courthouse. Tell the crown that answers the phone that you want to explain what happened as far as you understand it and you want the crown to confirm what did happen and ask how you can rectify the situation.

You can always change your plea in any event but it's good to get this sorted out now.

Customer: replied 2 years ago.
There is a case where he won the because he had just looked at his cell phone and that is what I had done
Expert:  Debra replied 2 years ago.

So then wait and see what the crown disclosure has and then speak to duty counsel.

Customer: replied 2 years ago.
My court date is Feb 16 2016
Expert:  Debra replied 2 years ago.

So you can either speak to the crown now or wait until you get disclosure and then speak to the crown if you want to change your plea.

Customer: replied 2 years ago.
The case that won should set president for anyone looking at there cellphone
Expert:  Debra replied 2 years ago.

Yes that is true.

But please also note that you can always plead guilty. You can bring the matter forward. So if you change your mind you don't have to wait until the trial date.

Customer: replied 2 years ago.
Why would I plead guilty and pay 280.00 and points on license a 500 surcharge
Expert:  Debra replied 2 years ago.

I am not saying you should plead guilty. Your question has been about the fact that you were upset that the judge entered a not guilty plea.

So I'm telling you what you can do if you don't want to go ahead with a not guilty plea. I don't know the facts and I'm not your lawyer and can't analyze them. Just responding to the issue that you started out with on the site.

Customer: replied 2 years ago.
If your a lawyer you work for the crown your job is to get me to plead guilty because your under the British act registerey which is the crown owned
Expert:  Debra replied 2 years ago.

I am not sure what you mean but criminal defence lawyers and duty counsel do not work for the Crown and there duty is to represent the accused person and take instructions from them and to act in their best interests.

I don't really know what the relevance is and I also don't know why you have not yet rated me. I've spent much more time than usual with you and I still haven't been paid my portion of what you paid the site.

Please be fair and rate me positively now.

Customer: replied 2 years ago.
I will say your useless and I wasted 36.00dollars
Expert:  Debra replied 2 years ago.

I am not sure what has gone wrong here. We went up and back endlessly and I spent such an enormous amount of time with you and you never indicated any displeasure at all. Please explain so that i can try to rectify the situation.

Perhaps there is some confusion because at one point I told you that you could change your plea and plead guilty if you wanted to. But that is because you told me that you were sorry that you had entered a plea because judge made an error and you wanted to get disclosure first. So I simply told you that you could change her plea later. That meant that you could wait and get the disclosure the make a decision. I certainly wasn't advising you to plead guilty I don't even know the facts. Please be fair!

Customer: replied 1 year ago.
The JP didn't honor my rights under the charter of rights and freedom act I have a right for disclosur before I enter a plea so she can't set a trial date without me having a proper defense
Expert:  Debra replied 1 year ago.

I don't know why you are taking up more of my time. Your rating means I am working for free.

Given how long much time I've spent with you I am not willing to discuss this more unless I get a positive rating first.

I don't think you would want to work for free so why do you expect me to do so? I would never expect that of others.

I am going to bed now.

If the rating changes we can continue tomorrow otherwise we need to stop now but I do wish you the best of luck and hope that this works out.