Basic Knowledge

Your Options upon recieving offense


You must clearly identify the options that you have and then understand them. The options are to either 

1.     pay the fine,

2.     Meet with prosecutor to see if you can resolve the matter before court (check with court house for this option)

3.     Or, the last option is to fight the charge having a trial.

Scroll Down and a description are given of each. The next section will help you decide which option may be suitable to you needs. For more detailed help you must use the paid services on this website.
 
 

1. Payment of fine

 

If you have the intension of paying the fine or fines then you can attend any court house and pay by either credit card/debit or cash. Payment upon receiving an offence is normally reserved for those offence types that are part 1 or part 2 types. (See type of offenses). The type of offence notice that is a part 3 and has a date that is set for court outlines on the ticket or offence notice, a defendant must attend on that date to speak to the court about the fine. If the defendant fails to attend the court for any of these types of tickets, either a part 1, 2 or part 3, a conviction will be registered against you for a certain amount of money. Normally, if a defendant does not attended court in this manner, for offences that are part 1 or part 2 the set fine as it was on the ticket is imposed. That's what you will have to pay. The longer a person takes to pay the fine a interest charge may apply but it is not a considerable amount.
A victim fine surcharge does apply to all fines. This is added to the original amount of the fine. The courts pool this money from all fines, to assist people who have been
 victims of certain criminal offences.

 

2. Meeting with prosecutor

 

The defendant should be prepared to listen to the prosecutor and ask if they can lower the fine then deal with the type of sentencing that may be attached to the offense. The second option is that the prosecutor may offer an alternative lesser charge.

This option is only available for part 1 or part 2 fines (normal ticket where you have the option of applying for a court date) and must attend the court house that is listed on the back of the offence notice. The individuals who have received part 3 type fines (these have automatic court dates on the tickets) then the defendant has a set date to attend and the meeting can take place at that time to discuss lowering the fine or changing the charge to something other than what you are charged with.

What defendants are normally interested in here are have lower demerit points. For information on insurance see insurance on this website. For information on part 1-2 or 3 tickets (offences) see basic knowledge page on this website. 

  

Option for meeting with the prosecutor (for Ontario Canada from Provincial Offenses Act)

(2)  Instead of filing a notice of intention to appear under subsection 5 (3), a defendant may request a meeting with the prosecutor to discuss the resolution of the offence by,

(a) Indicating that request on the offence notice; and

 

(b) Delivering the offence notice to the court office specified on it within 15 days after the defendant was served with the offence notice. 2009, c. 33, Sched. 4, s. 1 (6).

 

3. Having a trial

 

Check the ticket offence you may have the option of filing your court date at the court or mailing it in. Summonses have the court date right on the ticket itself. If you have an automatic court date this is what they call a set date. This is where a date of trial is agreed upon or you can talk with prosecutor about a deal on this date.

 

(For example the province of Ontario Canada from Provincial Offenses Act the law(as ref to legislation) is as follows)

5.  (1)  A defendant who is served with an offence notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter. 2009, c. 33, Sched. 4, s. 1 (5).

 

Notice of intention to appear in offence notice

(2)  If the offence notice includes a part with a notice of intention to appear, the defendant must give notice of intention to appear by,

(a) completing the notice of intention to appear part of the offence notice; and

(b) delivering the offence notice to the court office specified in it in the manner provided in the offence notice. 2009, c. 33, Sched. 4, s. 1 (5).

 

Notice of intention to appear to be filed in person

(3)  If the offence notice requires the notice of intention to appear to be filed in person, the defendant must give the notice of intention to appear by,

(a) attending in person or by representative at the court office specified in the offence notice at the time or times specified in the offence notice; and

(b) filing a notice of intention to appear in the form prescribed under section 13 with the clerk of the court. 2009, c. 33, Sched. 4, s. 1 (5).

 

Specified court office

(4)  A notice of intention to appear under subsection (3) is not valid if the defendant files the notice of intention to appear at a court office other than the one specified on the offence notice. 2009, c. 33, Sched. 4, s. 1 (5).

 

Notice of trial

(5)  Where a notice of intention to appear is received under subsection (2) or (3), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial. 2009, c. 33, Sched. 4, s. 1 (5).