Check out some similar questions!

hateboardlove · Dec 7, 2011, 03:02 PM

I live in Ontario, Canada. I'm wondering if it is the standard proceeding to simply ask the judge for a subpoena for a tape, and if it will do me any good since some contents of the tape are already being used as evidence in my case. Also, the tape is from January, so I doubt this will do any good anyway... There is a situation I'm involved in where the tape is apparently 20 minutes mis-timed (as in if it was 8:00, the time displayed on record would be 8:20), which just happens to be "convenient" for the officers case.. I'm not guilty of what they're accusing me of, and it seems they're turning up all sorts of fraudulent evidence.. Any advice on any legal process' I might be able to go through to verify the validity of their evidence would be extremely helpful.. Although any advice at all is mucho appreciated. Thanks in advance.

ScottGem · Dec 7, 2011, 04:19 PM

Has a court date been set? Have you been assigned an attorney? Have you even been arrested?

The time to subpeona evidence is when you have been charged and a court date is set. Your attorney should do this for you.

Fr_Chuck · Dec 7, 2011, 07:20 PM

You are entitled to copies of the tape, you will need to file a motion for discovery of evidence to ask for the entire tape.
Your attorney should have already done that?

hateboardlove · Dec 18, 2011, 08:01 PM

Thanks, fr_Chuck! Much appreciated!

To scottgem, I'm representing myself since I can't afford someone to represent me, unfortunately.. however the circumstances are largely stacked in my favor so I'm trying not to buy into too much fear until I've done all that I can. I won't be proven guilty for something I didn't do, that's my only resolve, though in my opinion that's quite enough for me. Although with your response, I wonder why you asked those questions at all since it's pretty clear if you understand legal procedure, a trial has already been set. I'm pretty sure answering those questions won't help you answer MY question, would it?

Fr_Chuck · Dec 18, 2011, 08:22 PM

You have much more faith in the legal system, since this is criminal, get and use a public defender please ( at least)
Many and I do many innocent people go to jail and prison. Merely not being guilty is not a defense. The evidence the other side has, which you need to see everything though discovery. Also if you don't know how to present your evidence, it may never get seen.

hateboardlove · Dec 18, 2011, 08:38 PM

You are right, but my options towards other means of representation seem to be exhausted, since all routes require some form of money. And on demand, no less. Haha, mind you, I have very, very little faith in the system. My faith is based in my own personal prep and use of evidence for sure. Though I do note that I understand I know little of legal procedure in reality, especially on the fly in the court.. however, this is how it is, and I won't let me myself be consumed by fear of what might/will happen.
Mind you, they also have to prove I did something which in reality, I didn't. And with a video surveillance tape backing me up, I shouldn't have too much trouble. This discrepancies concerning the time signature of the tape is presumably the only piece of evidence they're even going on. But yeah, no doubt my work is cut out for me.. :P

ScottGem · Dec 19, 2011, 04:17 AM

I went over you original question. Please point out how you think "it's pretty clear ... a trial has already been set.".

All you asked about asking for a subpoena in references to a "situation" you are in and mentioned an "officer's case". None of that tells us definitely that you have been charged and a court date set. So my questions were entirely valid and yes they WOULD help me understand your situation and be able to better advise you how to proceed. And the info I gave about when to ask for a subpoena was accurate.

It is entirely possible that you, knowing what the situation is, think it would be obvious to others, but its not. I assume you marked my answer not helpful, even though it was. Not a good way to thank people donating their time and knowledge to help you.

hateboardlove · Dec 20, 2011, 07:57 PM

Maybe so, but it doesn't seem slightly sarcastic to ask if I've even been arrested since I'm already here asking for help? You are right, I didn't detail my entire situation, however I did ask specific questions. Don't get so offended anyway, you weren't very helpful, were you? I'm sure you waved the idea I might catch a wiff of sarcasm before you posted that response. And I'm also sure one unhelpful vote won't ruin your credibility.

ScottGem · Dec 21, 2011, 04:33 AM

Originally Posted by hateboardlove

maybe so, but it doesn't seem slightly sarcastic to ask if i've even been arrested since i'm already here asking for help? you are right, i didn't detail my entire situation, however i did ask specific questions. don't get so offended anyway, you weren't very helpful, were you? i'm sure you waved the idea i might catch a wiff of sarcasm before you posted that response. and i'm also sure one unhelpful vote won't ruin your credibility.

People come here and ask questions all the time in anticipation of being arrested. So, no, it was neither sarcastic nor out of line to ask for my details, since you didn't supply them. I asked so that I would be able to provide you with the best help I could. There was absolutely no attempt at sarcasm on my part, nor did I even consider it. In addition, sarcasm is often not easy to tell in online communication which only represents 30% of communication. Without tone of voice, facial expression and body language, its not easy to determine things like sarcasm.

Yes you asked a specific question about subpoenaing the evidence. And I answered that question. So how you can say I wasn't helpful is beyond me. The fact of the matter is, you asked a question, I answered that question and I asked for more information to try to help you further.

Finally, no this won't affect my overall reputation. But that's not the point. The point is that I (as are all who respond to questions) am a volunteer. I donate my time and expertise to help people like you. So to be told my efforts were not helpful because you didn't supply enough information, because you didn't understand how a site like this works, because you misunderstood my answer, is a slap in the face. Lets say you are walking on a windy street and your hat blows off. And a passerby grabs for it for you but knocks it into a puddle. Do you berate that person for clumsiness or do you thank them for trying to help?

hateboardlove · Dec 21, 2011, 09:12 AM

To answer your last question first, it's obviously a combination of the two emotions in reality. I am sorry you're offended I assumed you were sarcastic, and I am aware of the reputation of reading emotions on-line. However, if your "effort" is to tell me when, when I clearly asked how, is not helpful. So hopefully this enlightens you. Sorry you wasted your time.