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QLD Going to Court

Discussion in 'Politics, Laws, Government & Insurance' started by chrisco, Oct 26, 2011.

  1. So I have to go to court in a few weeks, just wondering from anyone who has been what the procedure is for giving a statement, diagrams etc. Someone said that I have to have affidavits and tell the court that I am taking things in before hand or I won't be able to show them to the magistrate. Is that correct or can I just take it in on the day and present it then. If any one has a link that would be useful that would be good.

  2. inb4 real lawyers.

    Yes that is right you have to present your affadavit - it helps the both prosecution, defence and the court from being caught by surprise with any unexpected evidence.
  3. I received I letter myself explaining just that... I have 14 days prior to my court date, that I have to write back and explain the reason why I'm contesting a fine!

    So the other party (the cops) have time to prepare their defence!
    It sucks because it kills the element of surprise and the cops can get exerts and XYZ stuff to justify it all (in court) and in the end you have no time to reply/contest their defence with other facts etc.!
  4. ...so in the end you end up in disadvantage and have to pay their experts time blah, blah, blah

  5. What a crock.

    If you were accused of murder wouldn't you want to know what evidence they were planning on using?

    Or would you rather they jsut said surprise here's a whole bag of shit but because you cant refute it yiou are guilty.

    Same principal.
  6. Ok, I'm Victorian, but the rules will be very similar.
    Every court has a set of "procedural rules". The link below should help.

    In summary, any evidence you seek to rely on (in court) must be given to the other side as soon as possible.
    In Victoria, you "hand up" the evidence in court to the Judge at the time of the hearing.

    Affadavits are "written evidence". if you are presenting the evidence yourself they are not needed.
  7. that's actually the fair way to do it (look at it from neither a defendent or prosecutors pov), given that you have the evidence it gives fair time for both sides to read up on the law and to mount a case for or against based on the evidence. They won't surprise you either by bringing in new evidence (like footage). Trying to pull a swifty only defeats the purpose of the justice system, and opens up all sorts of problems with appeals etc.
  8. Thanks for the info guys. It is currently 10 days away and I haven't got anything from them except my traffic record and a note telling me that they are going to notify the court. My traffic record only has three speeding fines all 3-4 years ago and a parking fine 5 years ago. The fine I am contesting is for the marked lane thing (I was in the merging lane, cop seemed to think you can't overtake the people you are merging with before you change into the main lane and got offended that he couldn't.)

    So thanks for the responses so far
  9. How'd you go?
  10. They were surprised when I said not guilty. Had to have a case conference and they have to find out if the guy who gave me the fine wants to keep going with it. I go back next Monday for a second mention. After that they will either drop it or set a date for a hearing.
  11. This sounds suspiciously like an attempt to waste your time and make your life difficult.
    No way did they think you were taking it to court just to plead guilty.
  12. You shoulda said you were unavailable until after Easter, or something so as to try & stretch it out for as long as possible.

    Dunno if you can do that though???
  13. You can. The actual trial date is an administrative thing worked out on the availabilty of all 3 parties. (Police, court and defendant).
    The magistrate often asks the parties what date suits. Alternatively he can say "see the clerk".
    To the OP ask the clerk of courts on advice on the trial date,
  14. Be sure to let us all know how you get on with this.
  15. Yes let's know. Everyone's case is different and we can all learn a little about what might work & what doesn't.

    We know what doesn't...need the car/bike for work/kids/job, I didn't see the sign, everyone else was doing the same thing...etc
  16. Even if you set a date you can ask for an adjournment by writing to the court. They usually grant it. Spread it out as long as possible if you are going to be good.
  17. It's possible they thought he was going to plead guilty but speak to mitigation...
  18. Actually I was the 8th person there to go up but only the 2nd to plead not guilty. The others were looking for lighter punishment or weren't for traffic offences.