Summons Arrived Uh-Oh -Legal Advise Please.

LegacyUser

A garda called to my house yesterday to give me 2 summons. One for Abusive language and threatening to breech the peace and another for being intoxicated to the extent that i might cause harm to myself or others.

What actually happened was I was out in town and got a bit too drunk. I was with a few friends and there was a paddywagon driving pass. I shouted F**k off at it just messing, but unfortunately the window was open and they pulled over.
I was soo drunk i couldnt even say my date of birth and i think i was giving a bit of cheek, so they arrested me and threw me in a cell for a few hours.

Now i know this was stupid and i barely drink anymore and certainly not like that and i am sorry for what i did. The garda saw the look on my face and just told me it was gonna be a fine. So what kind of a fine are we talking about here? I don't need a lawyer for this do i? Also, i am going to america for the summer a week after the court date and i dont really have any spare cash.

Thanks for any advise.

Walter Ego

Not that I condone stupidity but it might help to have the details of the summons checked very carefully. Is it you legal name correctly spelled, is the time / date of the alleged offence correct? If there are any flaws on the summons a good legal representative could get you off on a technicality.
Good luck.

Walter Ego

Whoops. Double post bug strikes again

Nuttzz

Is it a first offence? You might just get the probation act if your luckly (and sorry)

Rabies

Prob will only get a fine.

Couple of years ago myself and a freind were out on the piss. Stuff happened and he legged it from the cops. They chased him but he got away. They got him a while later and put him in a cell until he sobered up. Ended up in court but was only given an £80 fine.

They prob took in to account that he was studying to be a primary school teacher at the time and it would effect his employment prospects if he had any type of a record.

You will prob only get a fine. Or maybe the judge will send you to prison for a short while, then prepare for some prison lovin

ThreadKiller

You better be hoping for a fine, because if they apply the probation act, that's you not going to the US of A

They're Extremly tough on any people they percieve to be lawbreakers now & even though you've committed what woule be classed as a misdemeoner (sp?), the bare facts when written down are:

You were abusive to (a) member(s) of law enforcement made a verbal challenge & it was percieved that you were such a danger that you had to be arrested.

No change to the facts there, but putting the details in B&W makes it seem like what you did was a whole lot worse than what actually happened

Mercury_Tilt

This post has been deleted.

smiaras

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Beruthiel

Originally posted by Mercury_Tilt
On the bright side though at least your summons didn’t cost the state over 30,000STG to deliver like mine did. That was gas tbh

there's a story there me thinks
off to PTH with ya and tell us!!

signed: nosey anna

HelterSkelter

Originally posted by stupid
A garda called to my house yesterday to give me 2 summons. One for Abusive language and threatening to breech the peace and another for being intoxicated to the extent that i might cause harm to myself or others.

What actually happened was I was out in town and got a bit too drunk. I was with a few friends and there was a paddywagon driving pass. I shouted F**k off at it just messing, but unfortunately the window was open and they pulled over.
I was soo drunk i couldnt even say my date of birth and i think i was giving a bit of cheek, so they arrested me and threw me in a cell for a few hours.

Now i know this was stupid and i barely drink anymore and certainly not like that and i am sorry for what i did. The garda saw the look on my face and just told me it was gonna be a fine. So what kind of a fine are we talking about here? I don't need a lawyer for this do i? Also, i am going to america for the summer a week after the court date and i dont really have any spare cash.

Thanks for any advise.

Get a solicitor to go to court with you on the day. They should be able to talk the Judge out of giving you the Probation Act by giving a big spheel on your good character, no previous convictions, hard working, etc. You will probably be able to get away with paying a hundred or two to charity. The solicitor will cost a few hundred euro.

Mercury_Tilt

This post has been deleted.

egan007

Originally posted by stupid
A garda called to my house yesterday to give me 2 summons. One for Abusive language and threatening to breech the peace and another for being intoxicated to the extent that i might cause harm to myself or others.

What actually happened was I was out in town and got a bit too drunk. I was with a few friends and there was a paddywagon driving pass. I shouted F**k off at it just messing, but unfortunately the window was open and they pulled over.
I was soo drunk i couldnt even say my date of birth and i think i was giving a bit of cheek, so they arrested me and threw me in a cell for a few hours.

Now i know this was stupid and i barely drink anymore and certainly not like that and i am sorry for what i did. The garda saw the look on my face and just told me it was gonna be a fine. So what kind of a fine are we talking about here? I don't need a lawyer for this do i? Also, i am going to america for the summer a week after the court date and i dont really have any spare cash.

Thanks for any advise.

Pretty much the same thing happened my mate and he got a 2K fine - sorry prob not what you wanted to hear.....

The thing that pissed him off the most was that there was a drug dealer in the case before him that got off....

Justice and the law - his solicitor said they were trying to make an example b/c of "all the talk about drink" - like we never had drinking issues in this country before

goodluck!

Deadwing

Originally posted by stupid
A garda called to my house yesterday to give me 2 summons. One for Abusive language and threatening to breech the peace and another for being intoxicated to the extent that i might cause harm to myself or others.

What actually happened was I was out in town and got a bit too drunk. I was with a few friends and there was a paddywagon driving pass. I shouted F**k off at it just messing, but unfortunately the window was open and they pulled over.
I was soo drunk i couldnt even say my date of birth and i think i was giving a bit of cheek, so they arrested me and threw me in a cell for a few hours.

Now i know this was stupid and i barely drink anymore and certainly not like that and i am sorry for what i did. The garda saw the look on my face and just told me it was gonna be a fine. So what kind of a fine are we talking about here? I don't need a lawyer for this do i? Also, i am going to america for the summer a week after the court date and i dont really have any spare cash.

Thanks for any advise.

Same thing happened to myself and a friend of mine a few years ago too. Managed tog et away with a 100 pound fine. Youll be alright, as long as you dont get a bollock of a judge who wants to "Make an example" out of you.

LegacyUser

so basically its all down to the judge. I think it would be safer to bring a solicitor with me so.

Thanks guys.

Ste.phen

Originally posted by Deadwing
Same thing happened to myself and a friend of mine a few years ago too. Managed tog et away with a 100 pound fine. Youll be alright, as long as you dont get a bollock of a judge who wants to "Make an example" out of you.

Was this "friend of yours" my namesake?
Shocked to hear you have a bad-boy past

The Corinthian

Originally posted by Mercury_Tilt
Gone are the days of seeing your case as a nuisance to be swiftly dealt with via a minor fine and a pat on the head and the words “ahhh sure you will be a good chap from now on son…wont you” ringing in your ears.

Ahhh... Those reckless days when in the morning the Garda on duty would open the cell door and tell you that since you’ve sobered up you can fuck off home...

stupid: What ultimately happens to you will really depend upon what judge you get and how you present yourself to them.

Sleepy

Look as young as possible at the court date (I'm assuming you're between the age of 17 - 21). If you show up in an ill-fitting suit that you've quite obviously borrowed from your Dad, you'll just look like a young lad who made a mistake as opposed to showing up dressed sharp as a razor. If you know any cops/priests they make for great character witnesses. At this point, the case can go anywhere, it all depends on the judge, your solicitor and how you play it...

cruiserweight

If you show up all you probably get is a fine, providing that it is your first offence.

A friend of mine was brought to court for something silly and the judge said that by coming to court he had learnt his lesson. 5 minutes and all they had to do was pay the solicitor.

Deadwing

Originally posted by Igy
Was this "friend of yours" my namesake?
Shocked to hear you have a bad-boy past

*L* Nah, noone you know. And im more of a bad boy than you know. BOO YA! etc.

Robbo

Aside from getting tooled up with a solicitor and whatnot, one other thing to do with a situation like this is to find the Garda in question. Go to the station and ask for him/her. If this isn't possible, talk to their respective desk sergeant and they'll pass on the message.

Basically apologise and grovel as much as you can. Tell them that this was all out of character. This will help you in court as most Gardai will be decent enough to mention this to the judge as part of their account of events.

Sleepy

That's good advice Robbo...

Typedef

Wear your interview/funeral suit.

Go the whole hog.

It's amazing, but, virtually none of the defendants in court seem to do that these days, I suppose they must all be South Siders?[1]



[1]What do you call a North Sider in a suit? .... The defendant.

whosurpaddy

Originally posted by Typedef
It's amazing, but, virtually none of the defendants in court seem to do that these days

how often are you actually there?

Typedef

Twice in the last year.

Once to testify against Mrs whosurpaddy for stalking me and once as a witness for a friend of mine who was ruthlessly framed by bent coppers.



.....

halkar

I am not sure if solicitors are compulsary for these type of cases but if it is your first offence and you are a good boy you probably don't need and save some expense, also trying to see the garda that charged you might help and if it wasn't too serious that night, garda might not turn up in the court when the day comes.
I know sometimes they don't turn up due their duties. If that happens the case can be dismissed and you might get few words from the judge like don't do it again and you get away for this time. Tough they will more likely to fine you for few yoyos. Just be nice when the day comes and don't do anything like this again

Walter_Sobcek

Same thing happened me a few years ago when I was in college.
Got monkey drunk and shook my willy at a passing cop car (wouldn't mind but they were all male cops). Summons etc. etc.

Anyway I got off easy enough.

A mates Da who's a solicitor told me to write a letter to the copper in question (the one in the cop car who was treated to a gander at my manhood) and tell him I was very sorry etc and that I was a good student whos life would be ruined if I got a conviction. Then a week later I went to Santry garda station, asked for him and said I was sorry in person and made a €100 donation to SVP in his name.

He turned out to be quite cool about the whole thing and passed a good word to the judge who left me off with a warning.

Moral of the story just make a real effort to make amends to the copper and as long as you're not a total scumbag you'll walk.

HelterSkelter

Originally posted by halkar
I am not sure if solicitors are compulsary for these type of cases but if it is your first offence and you are a good boy you probably don't need and save some expense,

They are not compulsary but I think he would be foolish not to get one. They can argue your case for you and they know how the system works. I know someone that was going to get done for assault while drunk. The judge was going to convict the person, but the solicitor negociated with the judge and got the person off with the probation act and a large donation to a charity.

A few quid now will save you in the long run.

_blank_

I have 2 stories to tell.

1.) My mate had his name taken for urinating on the street, and was summonsed by the bangard who did it. She never arrested him though. Anyway, when the summons came, he didn't remember. I went to the court to offer moral support. The Guard had about 5 blokes in court the same day, for the same thing, and the judge was real pissed off at her, my mate was the fourth bloke up, and when his case was called the Guard was outside, and when the judge called her to tell her side, she was still outside, and he got even more pissed off, and threw the case out, just as the Guard walked back in to the courtroom, it was so funny the look on her face!

2.) After my friends summons, about two weeks later, I was part-taking myself of a bit of Street Urination when a Guard appeared at the end of the lane with a torch shining righht on me, luckily I was just shaking it off, and remembering my mates summons, I legged it. Of course, me being drunk, I didn't get very far, and the Guard arrested me, threw me in the car, and left me to rot in a cell for a couple of hours. He told me to just plead guilty, and everything would be ok. Anyway, one of my good mates b-freind is a Guard in a different station, and when I told him about this he had a word with the other lad, and the case got dropped.

See, it's not what you know, it's who you know!

thegills

Its all changed boys and girls.

With the Celtic Tiger over the Garda Pension Fund needs topping up. You will pay what they think you can afford as follows;

If you area pure and utter scumbag - no fine as the Guards couldn't be arsed chasing after you for cash.
If you are a student / unemployed - €100 or under.
If you are working but not a house owner - approx. €1000.
If you show any sign of wealth - €2000+.

If you show up without a solicitor there are 'special' solicitors floating around like flies around sh1te. They will claim to represent you and suggest you make a donation based on the above rate card.

Sad but true.

so_stupid

You'll get at the most a 250Euro fine, you will have to get a solicitor though to speak for you in court because you are not allowed talk yourself. And if you are a student and living away from home you will get legal aid because i got it and my father makes quite a bit. If the judge is in a really bad mood you will be bound to the peace for ayear.

_blank_

Originally posted by so_stupid
...you are not allowed talk yourself. ...

I don't think this is true tbh.

spongebob

Originally posted by thegills
Its all changed boys and girls.
If you are a student / unemployed - €100 or under.
If you are working but not a house owner - approx. €1000.
If you show any sign of wealth - €2000+.

If you have no ca$hi$h you need to bring a P60 along with ya to prove that you have no income over €5k in order to get the €100 discounted product.

If the cop is favourable then ask to be called at an OK time. One judge I know of sentences the first case to €1500 , the second to €1000 , the third to €500 so the cops line 'em up accordingly . Do not get called first thing Monday , that could mean jail time coz one of your mates threw a bottle at the judges car on saturday night so he is in no mood for p1ssheads that morning.

Again, its who ya know .

M

RexLupus

I know this is kind of a retarded question but how do i get a solicitor?

Im up for possesion (cannabis resin) and its the first time ive been charged so what am i looking at. Any help appreciated.

LegacyUser

at last you did not tell the guards to f* off , they are cracking down on public order offences.

ask around, 1st time possession is a fine and a good local solicitor (for that court) can reduce the fine by more than they cost

RexLupus

is that fine as result of a conviction?

a local solicitor ehhh.
'cors i was a cuple hundred km from home so i dont know any, but its something to look for.

i havent actually gotten the summons yet so im real in arse/elbow confusal territory here

LegacyUser

well in case anyone was wondering (i doubt it)
i got a €150 euro fine and the probation act.
Got the worst judge, one that doesnt drink and hates these types of offences,
he was lecturing ppl and giving out convictions for similar offences just before mine came up.

I had tried to call into the garda station just before the court date but the garda was on holidays. My solicitor manages to talk to him on the day and convinced him not to mention the foul language/abuse while relaying what happened to the judge,
So all the judge heard was that i was drunk and that was it, and he didnt want to give me the probation act, but eventually he did.

If anyone is in a similar position, you should definately visit the garda to apologise, as its really down to what he says.

thanks for the advice.

zervi2003

So what does Probation mean?

Does it mean you cannot go to the States? Is it some kind of record then?

LegacyUser

its a probation dismissal. shows up on ur record as a dismissed case. doesnt stop you goin to he states the same as any other dismissed case wouldn't.
Altho if u have it and get brought to court again, it counts then and ur gonna get a conviction then.

RuggieBear

Isn't it a section 2.1 (or sumting). As long as you don't get into trouble over the next two years or so, nothing appears on your record.

My mate got that for kicking the wing mirror off a taxi in front of Pearse St Garda station...and about 15 Garda!

Cost him a night in the cells, £100 solictor fees, £125 new wing mirror and £100 poor box contribution.

p

cheated_on25

thats the funiest post I read in a while...

Originally posted by Mercury_Tilt
Here is a tip for you. Never and I mean never perform a hand brake turn at a junction when an army helicopter is about 2 feet from landing in the field beside you. It tends to scare the bejaysus out of them. It was like something out of a film.

I thought they was gonna shoot me