Clients often seek guidance on what to say at an early resolution meeting. This can be a challenging question, especially for those considering self-representation. It’s crucial to understand that this process requires experience, legal training, and a deep understanding of the nuances involved. Here are key considerations:
Representing Yourself?
If you’re contemplating representing yourself at an early resolution meeting, caution is warranted. Lack of experience can inadvertently lead to actions that may strengthen the case against you. It’s essential to recognize the potential pitfalls of self-representation.
Expertise Matters
Legal professionals, licensed and experienced, have the necessary skills to navigate early resolution meetings effectively. They understand what to say and, perhaps more importantly, what not to say. This expertise is invaluable in ensuring that your case is not inadvertently weakened during these proceedings.
Avoiding Common Pitfalls
One common issue is inadvertently waiving jurisdiction. If the Crown loses jurisdiction over the offense, it could be a significant advantage for your case. However, without proper knowledge, you might unknowingly help the Crown overcome this hurdle.
The Importance of Case Review
Before determining what to say at an early resolution meeting, a comprehensive review of your case is essential. This includes a thorough examination of the disclosure to understand the case against you fully. Without this understanding, it’s challenging to navigate the complexities effectively.
Seeking Professional Guidance
While the question about what to say at an early resolution meeting is appreciated, the best course of action is often to consult with a legal professional. Their experience and track record of success in similar situations make them well-equipped to provide guidance tailored to your specific case.
In summary, the complexities of legal proceedings necessitate professional assistance. If you find yourself facing an early resolution meeting, consider seeking the expertise of a legal professional to ensure your rights are protected and the best possible outcome is pursued. Contact OTD Legal for a free consultation on your case.
Video Transcription:
What to say at an early resolution meeting. Many of my clients have reported that they’ve attempted to conduct an early resolution meeting and did not know what to say. I’m going to tell you what to say, and what may have value. But I’d like to first say that the way my firm, or anyone from my firm—or even myself—would approach an early resolution meeting is going to be significantly different from the average member of the public out there.
So, the best way to describe what to say is to start with what would not have any value if you said it. Let’s say you have a piece of paper that came in the mail or was emailed to you. It gives you a date, and it might say something like ER (Early Resolution). In Ontario these days, that’s usually done by a phone call for most people.
If you have the ability to sit at your computer in front of a camera, you can do it “in camera.” What will happen in those situations is you’re going to meet directly with one of the prosecutors involved. Now, you’re going to be dealing with one of two things. If you review the other videos I posted, you’ll understand the difference between a strict liability offense and an absolute liability offense. It’s important to know that difference if you’re attending one of these ER meetings.
The best example I can provide right now, regarding what you’d want to say, is to consider a speeding ticket. That’s probably the most common thing people deal with on their own. In a situation like that, all kinds of thoughts go through the mind of someone charged. They have this desire to tell the prosecutor something, hoping the charge will be withdrawn or something will be done about it.
Often, clients say things like, “My speedometer was broken at that time,” or “I had to go to the bathroom.” In their mind, they think, “If I just tell the prosecutor this, I’ll get the result I want,” whether that’s withdrawal or reduction of the charge.
What I know from these types of meetings and these types of charges—absolute liability speeding—is that, before you even arrive at that meeting, before you say anything, the prosecutor usually already has a position in mind. Whether it’s “I’m not going to do anything for this person” or “I’m going to offer them some sort of a reduction.”
So, the reality is that as you conduct your ER meeting and present what you think you should say, it’s often already pre-decided. If not, then some—or most—of the things you say in that absolute liability regime have no impact anyway.
The reality is it’s going to be unproductive, and often, over the many years I’ve been doing this, I find clients very disappointed in that situation. The same is true at the other end of the spectrum with something like careless driving—it’s also very unproductive.
Clients try to handle it on their own because they want to know what to say to achieve the result they want. Most people want the charge withdrawn, or if not withdrawn, then reduced to something better for their lives.
There are certain things you can say that might help, but there are many more that can make the situation worse. I’ve already mentioned that when you enter those meetings, most of the time, the prosecutor has already made up their mind. Recently, I’ve seen ER meetings where prosecutors send out their position in advance. So, you haven’t said a word, haven’t spoken to anyone, certainly not to the prosecutor, yet you’ve already received their stance before even attending.
In those situations, especially if you’re representing yourself, it’s virtually impossible for me to tell you what to say to fix it. You’ve already got the result you’re going to get, and that’s as good as it’s going to get.
These situations always make me sigh because I’m a bit disappointed we didn’t get the opportunity to do that meeting for you. We know what to say, and we know the context—whether it’s absolute liability or strict liability.
The way those ER meetings are conducted with someone like myself is very different than with an unrepresented person. To fully answer the question on what to say, I’d suggest you review the other videos so you know the difference. You need to understand that certain things you say might just annoy the prosecutor, which could frustrate them enough to think, “This is a trial I want to conduct.”
Because you’ve annoyed the prosecutor. These are the types of things you want to be aware of before you enter that meeting. And remember, if you’re considering help from a licensed lawyer or paralegal, it’s always better—and I know this is self-serving—but it’s always better to approach us first and let someone who does this regularly conduct that meeting for you. That puts you in a position of the most advantage.
