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Judicial Proceedings

Legal proceedings begin once a Statement of Offence is issued.  As soon as a Statement of Offence is served upon you, it implies that you are being charged with a legal offence. 

A. Entering a plea

It is your obligation to enter a plea at the Municipal Court within 30 days following the service date indicated on your Statement of Offence or on the reference document, such as on the acknowledgement of receipt you signed at the post office or the date you were served by bailiff. 

B. Payment

When you forward to the Court the total amount required on your Statement of Offence or when you sign a guilty plea and attach a partial payment or no payment at all, you are deemed to have entered a guilty plea.

  • Guilty plea without payment: Upon receipt of your plea, costs of $7 will be added to your file.  You will receive in the following days a Notice of Judgment.  You must contact the Court within the delay indicated on your notice to discuss the terms of a payment agreement with a Fines Collector.
  • Guilty plea with a partial payment: Upon receipt of your plea, your payment will be processed and $7 will be added to your file.  You will receive in the following days a Notice of Judgment indicating the balance owing on your file.  You must contact the Court without delay to discuss a payment agreement. 

C. Payment default and failing to register a plea

If you fail to register a plea or if you fail to pay the total amount required, a default judgment may be rendered against you, without any further notice.  Judgment may be rendered in your absence and additional costs will be added to your file.

D. Registering a plea of not-guilty

You may plead not guilty to the offence within 30 days of receiving your Statement of Offence.  You must register this plea with the Court in writing, in person or by scanning your document and sending it by e-mail to courmunicipale@mrcdescollines.com.

E. Notice of Hearing

Once you have registered a not-guilty plea, the Court will send you a Notice of Hearing by mail advising you of the place, date and time your trial will take place.

Before your trial, you may obtain the evidence and any disclosure the Prosecutor intends to use at the hearing of your case.

Should you wish to change your plea, you may do so before your trial, by forwarding a guilty plea attached with or without the required payment.  Payment, if attached, must match the amount indicated under Section “F” of the overleaf of the Notice of Hearing.

F. Trial

The prosecutor reserves the right to produce at trial the Statement of Offence and the report as evidence instead of having a witness testify at your trial. 

However, if you (or your lawyer) wish to cross-examine this witness, you may request the person who issued the Statement of Offence to be present at trial by contacting the Clerk of the Court in writing, preferably 10 days following receipt of your Notice of Hearing.  Note that if you are found guilty or if the judge determines that nothing was added to your defence by having the witness present, costs will be added to your file.

At trial, once the prosecutor has presented and closed the evidence in your file, your defence may be presented along with any testimony you or your witnesses wish to give.  You may also produce any documents or other evidence you feel is important for your defence.  The prosecutor does have the right to cross-examine you or any witnesses you bring to Court.

G. Judgment

If you are found guilty of the infraction, you will have 30 days from the date of the judgment to pay the fine, mandatory contribution and costs imposed by the Court.

If you are acquitted of the offence, your file will be closed and you will not have to pay an amount.

H. Collection (Payment Agreement)

Should you be unable to pay the amount required in the time prescribed, you may contact the Fines Collector.  After discussing your financial situation with you, the Fines Collector will offer you an agreement to reimburse the amount you owe on a monthly basis without any further costs. 

I. Enforcement of judgment

There are several ways for the Court to enforce a judgment: by suspending your driver’s licence, issuing a writ of execution or seizing your salary, filing a warrant to bring a defendant directly to the Fines Collector or filing a warrant for your imprisonment.

 

 

 

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Chelsea (Québec) J9B 1J4
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