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What you need to know when you've been charged ... - Alberta Courts

What you need to know when you've been charged ... - Alberta Courts

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10<br />

11<br />

Getting Ready For Trial When <strong>you</strong> Have Pled<br />

Not Guilty<br />

If <strong>you</strong> entered a plea of not guilty at <strong>you</strong>r first appearance<br />

and <strong>you</strong> want <strong>to</strong> change it <strong>to</strong> guilty at the trial date, <strong>you</strong><br />

must tell the Traffic Commissioner that <strong>you</strong> wish <strong>to</strong> change<br />

<strong>you</strong>r plea <strong>to</strong> guilty. If <strong>you</strong> <strong>know</strong> before the trial date that<br />

<strong>you</strong> want <strong>to</strong> plead guilty, <strong>you</strong> should go <strong>to</strong> Traffic Court<br />

and have <strong>you</strong>r matter brought forward and dealt with.<br />

Dealing with the matter before the trial date gives time <strong>to</strong><br />

cancel the witnesses and saves everyone inconvenience.<br />

11a Find out what evidence there is against <strong>you</strong>.<br />

You can ask the Crown Prosecu<strong>to</strong>rs’ Office for disclosure.<br />

Disclosure means <strong>you</strong> can have copies of all the evidence<br />

in <strong>you</strong>r case, such as witness statements and the peace<br />

officer’s notes. The process and time required <strong>to</strong> get this<br />

information vary across the province. You should confirm<br />

the exact procedure with the Crown Prosecu<strong>to</strong>rs’ Office.<br />

You can obtain information about how <strong>to</strong> contact the<br />

Crown Prosecu<strong>to</strong>rs’ Office from the clerk at the counter<br />

in Traffic Court, by speaking <strong>to</strong> the Crown prosecu<strong>to</strong>r in<br />

traffic court, or by looking for “Crown Prosecu<strong>to</strong>rs” in<br />

the <strong>Alberta</strong> Government section of the blue pages of <strong>you</strong>r<br />

telephone direc<strong>to</strong>ry.<br />

11b Preparing <strong>you</strong>r defence.<br />

You are presumed innocent until proven guilty beyond a<br />

reasonable doubt. Before <strong>you</strong> can be convicted, the Crown<br />

prosecu<strong>to</strong>r must prove, beyond a reasonable doubt,<br />

that the offence was committed,<br />

that <strong>you</strong> are the guilty party, and<br />

the time, date and place of the offence.<br />

During the trial, the prosecu<strong>to</strong>r will present evidence <strong>to</strong> the<br />

Traffic Commissioner <strong>to</strong> establish these things. You will be<br />

given a chance <strong>to</strong> question (cross-examine) the prosecu<strong>to</strong>r’s<br />

witnesses, and <strong>you</strong> will have a chance <strong>to</strong> call <strong>you</strong>r own<br />

witnesses <strong>to</strong> give evidence.

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