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).