Court Advise

comserv

I was in court today charged with:

Use of Treatening of Abusive language that may provoke breach of the peace. I pleaded guilty and I am up again regarding the same charge in December. I am looking at 80 hours community service or 2 months in prision.

I have only been in court once before one month ago charged with drunk and disordely and use of treatening and abusive language that may cause breach of the peace, I got fined €100 and that was that.

I am only 18yrs of age and work a good respectable job. I have not yet seeked legal advise. I thought that I would just just get a small fine today and that would be that. The fact of the matter is that I was not entirely guilty on both accounts, and I was heavily intoxicated on both occasions and I am starting to question whether I should of pleaded guilty.

I am in no way a criminal and on both occasions just had too much to drink. I am strugling to come to terms with the severity of the punishment/s that I am facing.

Could anyone with a law backround or experience of similar sircumstances please offer me some advise.

Thanks in advance.

the answer is to stop drinking!obviously it doesnt suit you

seamus

Go to AA. Get counselling. Find out why you act like a scumbag when you're drunk.

So Glad

I was in court a few weeks ago myself for minor theft. The solicitor would usually tell you what could happen, worst case scenario. In my case I was charged €200 for a tiny plastic chair. I don't think judges take much into consideration given the fact I did not rob the chair. I was taken to court because I was the only over 18 year old in the group. Still got fined. Crooked oul' system.

RedRaven

comserv wrote:

I was in court today charged with:

Use of Treatening of Abusive language that may provoke breach of the peace. I pleaded guilty and I am up again regarding the same charge in December. I am looking at 80 hours community service or 2 months in prision.

I have only been in court once before one month ago charged with drunk and disordely and use of treatening and abusive language that may cause breach of the peace, I got fined €100 and that was that.

I am only 18yrs of age and work a good respectable job. I have not yet seeked legal advise. I thought that I would just just get a small fine today and that would be that. The fact of the matter is that I was not entirely guilty on both accounts, and I was heavily intoxicated on both occasions and I am starting to question whether I should of pleaded guilty.

I am in no way a criminal and on both occasions just had too much to drink. I am strugling to come to terms with the severity of the punishment/s that I am facing.

Could anyone with a law backround or experience of similar sircumstances please offer me some advise.

Thanks in advance.

1.Dont get so drunk in future!!!!
2. Tell the judge that due to pressures at home etc. you have hit the bottle but to help you cope with this your going to help groups like AA!!
3.If it happens again then you F**KIN deserve it!!;)

nesf

comserv wrote:

The fact of the matter is that I was not entirely guilty on both accounts, and I was heavily intoxicated on both occasions and I am starting to question whether I should of pleaded guilty.

Being drunk doesn't mean you aren't responsible for your actions. You are guilty of both counts, the fact that you were drunk makes no difference really other than showing that you can't control yourself while drunk.

Don't blame the drink in court mate, it won't help you at all. Plead guilty and show remorse. You won't get off any charges just because you were drunk at the time.

So Glad

seamus wrote:

Go to AA. Get counselling. Find out why you act like a scumbag when you're drunk.

A bit harsh. Everyone likes a bit of a rigmorole when thier pissed...

*Lees*

The courts gave you a greater punishment this time because they saw that you were charged for the same thing not so long ago!!
..... obviously the €100 fine did no good so they give you a greater punishment this time to see if you might cop yourself on!!!
You should definatly get a solicitor for the next date as chances are that you will not be given the choice of doing community service!!
Maybe you should take it easy on the drink too?

comserv

Its not as if I am an alcoholic I drink recreationally at weekends and I am not always pissed out of my mind! I will admit that sometimes I am intoxicated but I don't go looking for trouble. On the first occasion I was picked out of a group who were acting the bollox yes I may have made a bit of noise so I pleaded guilty in court and paid the fine.

On todays charge yes I did use treatening or abusive language but only after food was thrown at me. In pleaded guilty and I am now looking at 80 hours community service and or 2 months in prison.

Can anyone offer me some advise on the whole court matter rather that telling me that I am an alcoholic! which I am not!

3greenrizla's

regardless of weather or not you think you have a problem with the the bottle, it would be a good idea to go to aa, so you can do the whole "trying to get life back on track" thing, also i know its €€€ but a soliciter is a good idea, they know the system.

also for free advise get down to your local citizens advice office.

comserv

lisamon wrote:

The courts gave you a greater punishment this time because they saw that you were charged for the same thing not so long ago!!
..... obviously the €100 fine did no good so they give you a greater punishment this time to see if you might cop yourself on!!!
You should definatly get a solicitor for the next date as chances are that you will not be given the choice of doing community service!!
Maybe you should take it easy on the drink too?

I completely understand but do you not agree that what I am now facing is a bit harsh.

MorningStar

comserv wrote:

I have only been in court once before one month ago charged with drunk and disordely and use of treatening and abusive language that may cause breach of the peace, I got fined €100 and that was that.

You didn't address your behaviour after being spoken to the cops the first time? :rolleyes:
What did you do? They rarely brings things like this to court unless you were being a real ass. I guess if you did it in the wrong place or person you might get in trouble.

comserv wrote:

I am in no way a criminal and on both occasions just had too much to drink. I am strugling to come to terms with the severity of the punishment/s that I am facing.

You area criminal twice over! That is not a hevey sentence next time you wion't do time either.

comserv

3greenrizla's wrote:

regardless of weather or not you think you have a problem with the the bottle, it would be a good idea to go to aa, so you can do the whole "trying to get life back on track" thing, also i know its €€€ but a soliciter is a good idea, they know the system.

also for free advise get down to your local citizens advice office.

Cheers, how would I go about locating my local citizens advice office.

So Glad

Give it a rest with the alcoholic thing. You sound like a bunch of mothers. The only decent advise is to be sorry. Say you regret it all, you were depressed and angry ect. It's all you really can do.

And hope for a female judge.

comserv

The judge was female today and the same judge on both occasions.

seamus

I'm not trying to be harsh here, but it's clear that you're not really convinced about your own guilt, rather you're just accepting that you're getting punished and feeling hard done by. You're trying to justify what you did, and how it's not fair that you were caught for it.

Talk to a solicitor. I'd say your best bet is to get a few character witnesses, display how you work hard, pay your taxes, etc etc, and how locking you up for two months isn't the way to go. A solicitor will have been through these things many times, he'll know what to do.

If you go to court sans representation, the judge will get the impression that you couldn't really give a toss, and is more likely to lock you up.

*Lees*

Ahhhh theres always one!!! hehe... no seriously though...
...... can you remember being in school and everyone used to act the eejit... but there was always one person who would get the blame!!!... I'd say your one of those!!!!
Anyway... if you dont ressist arrest... do what your told and don't act the maggot with the gardaí for arresting you!... That will stand up to you in court...

ferdi

comserv wrote:

the same judge on both occasions.

**** one, lol.

padser

comserv wrote:

I was in court today charged with:

Use of Treatening of Abusive language that may provoke breach of the peace. I pleaded guilty and I am up again regarding the same charge in December. I am looking at 80 hours community service or 2 months in prision.

I have only been in court once before one month ago charged with drunk and disordely and use of treatening and abusive language that may cause breach of the peace, I got fined €100 and that was that.

I am only 18yrs of age and work a good respectable job. I have not yet seeked legal advise. I thought that I would just just get a small fine today and that would be that. The fact of the matter is that I was not entirely guilty on both accounts, and I was heavily intoxicated on both occasions and I am starting to question whether I should of pleaded guilty.

I am in no way a criminal and on both occasions just had too much to drink. I am strugling to come to terms with the severity of the punishment/s that I am facing.

Could anyone with a law backround or experience of similar sircumstances please offer me some advise.

Thanks in advance.

Fair play to the courts. Good point made by Lisa. The 100 euro fine did not work. Personally I think Community service is the next step up. If you do it again you should get a couple of months in prison. Hopefully at some stage along the line you will learn and reform.

Also im always vary of new users with a first post like this. I always wonder if they have multiple accounts.

*Lees*

seamus wrote:

A solicitor will have been through these things many times, he'll know what to do.

Or She!!!!!

Canis Lupus

comserv wrote:

I completely understand but do you not agree that what I am now facing is a bit harsh.

Maybe you will learn your lesson this time?

80 hours community service. *Chuckles*

grumpytrousers

seamus wrote:

I'm not trying to be harsh here, but it's clear that you're not really convinced about your own guilt, rather you're just accepting that you're getting punished and feeling hard done by. You're trying to justify what you did, and how it's not fair that you were caught for it.

Talk to a solicitor. I'd say your best bet is to get a few character witnesses, display how you work hard, pay your taxes, etc etc, and how locking you up for two months isn't the way to go. A solicitor will have been through these things many times, he'll know what to do.

If you go to court sans representation, the judge will get the impression that you couldn't really give a toss, and is more likely to lock you up.

You shoulda gone to a solicitor anyway...chances are at 18 with a modest income you'd have been entitled to legal aid, as this is a criminal matter. (although depends...sometimes not granted for 'minor' offences...)

Anyway - sounds like you've basically been found 'guilty' so it's now a matter of a plea in mitigation. AFAIK what happens is that when it comes up for sentencing, they'll have a brisk run-thru of what you did, and then there's a chance for any folks who can say stuff on your part to have their say. Is there a probation report in the offing?

Either way - go to a solicitor now, even if you're NOT entitled to legal aid. If you have a 'good respectable job' (and can afford to drink so much that you can get your collar felt by the fuzz at least twice) you can afford the few quid he/she will charge you...

Without wanting to sound like a nanny - you might want to clean up your act...how you go about it etc, is up to you...but ultimately, drunkenness is no excuse. For anything. (Apart from some filthy ten-to-twoer y'might pick up in a club...:D)

3greenrizla's

comserv wrote:

Cheers, how would I go about locating my local citizens advice office.

couldnt find link to citizens advice,

but this might help

http://www.cidb.ie/live.nsf/9cee20fbde8eb9908025681c004dde9c/802567ca003e043d80256d12003c70ab?OpenDocument

sharkman

Contact FLAC , you can walk in and ask their advice free of charge , they will advise you whether it is worth your while retaining a brief and what you should expect from the Judge .


Free Legal Advice Centres
13, Lower Dorset Street
Dublin 1

Tel: (01) 874 5690
Fax: (01) 874 5320
E-mail: info@flac.ie

comserv

sharkman wrote:

Contact FLAC , you can walk in and ask their advice free of charge , they will advise you whether it is worth your while retaining a brief and what you should expect from the Judge .


Free Legal Advice Centres
13, Lower Dorset Street
Dublin 1

Tel: (01) 874 5690
Fax: (01) 874 5320
E-mail: info@flac.ie

Cheers, some people here are helpful afterall!

Oriel

lisamon wrote:

Or She!!!!!

No. I'm pretty sure it's a he.

Oriel

I was in court a few weeks ago myself for minor theft.

I was in court today charged

Wh...Where did all the knackers come from?

*Lees*

sinecurea wrote:

No. I'm pretty sure it's a he.

How??...He hasn't even got one yet???

comserv

Why don't you crawl back to your silver spoon and flawless life and write a book on how to talk with a D4 accent.

*Lees*

comserv wrote:

Why don't you crawl back to your silver spoon and flawless life and write a book on how to talk with a D4 accent.

huh?

Hitchhiker's Guide to...

sinecurea wrote:

Wh...Where did all the knackers come from?

Way out of line - are you trying to say that all travellers are criminals?

Oriel

Roundtower2 wrote:

Way out of line - are you trying to say that all travellers are criminals?

Not exclusively, no.

HelterSkelter

comserv wrote:

I was in court today charged with:

Use of Treatening of Abusive language that may provoke breach of the peace. I pleaded guilty and I am up again regarding the same charge in December. I am looking at 80 hours community service or 2 months in prision.

Pwh, what is the world coming to, "Use of Treatening of Abusive language that may provoke breach of the peace", what is that? Being drunk, shouting and swearing at the worst. He hardly deserves 2 months in the slammer, that's a joke. Those scum the other day only got 3 months for kicking the head off that lad and putting him in a coma. He nearly died and all they get is 3 months. Some of these judges are not living in the real world.

sharkman

comserv wrote:

Cheers, some people here are helpful afterall!

No Problem , I'm sure a lot of us have made a mistake or two when we were younger .

Although , judging by the earlier post's , there are nothing but pioneer wearing self riotous buffoons on today .


The chap was looking for advice , not counseling from AA .

HelterSkelter

By the way, it will help if you tell the judge you realise you have a problem with the drink and have given it up. Tell him you haven't had a drink since the incident. If you tell him you have been going to AA meetings it will gain you more brownie points.

Oriel

lisamon wrote:

How??...He hasn't even got one yet???

If he does, wanna bet €100 it's a bloke?

sharkman

HelterSkelter wrote:

Pwh, what is the world coming to, "Use of Treatening of Abusive language that may provoke breach of the peace", what is that? Being drunk, shouting and swearing at the worst. He hardly deserves 2 months in the slammer, that's a joke. Those scum the other day only got 3 months for kicking the head off that lad and putting him in a coma. He nearly died and all they get is 3 months. Some of these judges are not living in the real world.

I agree , they really need to get a grip on reality . FFS .

Sarsfield

Being drunk and abusive is a **** thing to do to everyone around you. It can also be very intimidating to people.

You were given a chance first time. You gave 2 fingers to those who gave you a chance.

Accept you have a problem and deal with it. Show some responsibility for your actions.

One other thing I've just thought of. You might someday be drunk and abusive to the wrong person. They may well turn around and kick you to death. I'm not exaggerating. 2 guys jailed today for exactly that. A harmless drunk guy got a bit abusive to them on Grafton St. and ended up in a coma. He was lucky to survive.

Dave!

HelterSkelter wrote:

Pwh, what is the world coming to, "Use of Treatening of Abusive language that may provoke breach of the peace", what is that? Being drunk, shouting and swearing at the worst. He hardly deserves 2 months in the slammer, that's a joke. Those scum the other day only got 3 months for kicking the head off that lad and putting him in a coma. He nearly died and all they get is 3 months. Some of these judges are not living in the real world.

Did you read the story about that? He fell off his bike, they giggled, he apprehended them and punched one of them in the head, they gave him a few slaps, and at one point he fell on the ground and hit his head.

Quite different to them chasing after the poor bloke and kickin his head in!

Not saying that they shouldn't have been punished or anythin, but still, it's hardly the malicious attack it seems on the surface.

Rb

Next time your summoned to court pleased insanity, then start clucking and flapping your arms as if your trying to fly.
Then shout "See ya later, SUCKERS!!" and start running around flapping your arms but this time making aeroplane sounds.
See what happens.

Agent Smith

Some Practical Advice....


WEAR A SUIT!


dont turn up in a track-suit, it sends The wrong message,

join a surport group, The AA or such, This will show the Judge that you now relise your actions and you are combatting,

Bring your family, express how much they mean to you and This was a minor slip in a Balanced life.


And good luck,


However, if you do it again, expect some Jail Time.

comserv

Thanks for the advise, seems that there have been alot more helpful posts this evening.

comserv

sharkman wrote:

No Problem , I'm sure a lot of us have made a mistake or two when we were younger .

Although , judging by the earlier post's , there are nothing but pioneer wearing self riotous buffoons on today .


The chap was looking for advice , not counseling from AA .

Couldn't have said it better!!!

*Lees*

sinecurea wrote:

If he does, wanna bet €100 it's a bloke?

Hehehe.... ok then!!!!.... make it €200

<Whisper> "Hey Comserv I'll give you €100 if you hire a female solicitor!!"

.... hehehe.... mwoahahahahahaha

comserv

Sure no probs

Sarsfield

sharkman wrote:

No Problem , I'm sure a lot of us have made a mistake or two when we were younger .

Although , judging by the earlier post's , there are nothing but pioneer wearing self riotous buffoons on today .


The chap was looking for advice , not counseling from AA .

Oh, yeah! just loads of us have ended up in court facing jail :rolleyes:

The AA recommendation IS advice. Good advice. Methods of getting off as light as possible don't really help long term.

seamus

Just on the issue of AA - you don't have to be an alcoholic to attend, and you don't have to be an alcoholic to have an alcohol problem.

HelterSkelter

DaveMcG wrote:

Did you read the story about that? He fell off his bike, they giggled, he apprehended them and punched one of them in the head, they gave him a few slaps, and at one point he fell on the ground and hit his head.

Quite different to them chasing after the poor bloke and kickin his head in!

Not saying that they shouldn't have been punished or anythin, but still, it's hardly the malicious attack it seems on the surface.

Yeah I did read the story, it differs somewhat from the watered down version you just gave. You aren't friends of the two attackers by any chance are you?

This is all from the Independent:

"The court heard that Mr Duggan received a number of blows both from the fist and the foot and fell to the ground on his head with a cracking sound"

" A stranger wobbled into their space on a bicycle and fell off. Hilarious. The gilded sportsmen fell around the place laughing at him, cracking jokes at his expense. Words were exchanged as the tipsy cyclist, a small man, got to his feet.

His name was Barry Duggan, a librarian in his 30s. He hit out at his tormentors, striking one of them on the back of the head with the palm of his hand.

Wrong move.

Cooper and Nugent retaliate. They are in charge - the Midnight Invincibles. Strong and fit and fired up with fury, they launch a violent attack on the defenceless librarian. In a laneway off Grafton Street beside fashionable boutiques and art galleries, they kick and punch him.

Barry Duggan falls to the ground, his head hitting the concrete pavement with a sickening crack. For a few moments, the dominant males stand over him. Then they turn and run away, punching the air and jumping for joy in some sort of strange victory dance. "

" It was as he headed home along Grafton Street shortly before 1am that he met the two accused, who themselves had been returning from a night out in the Q Bar.

The encounter ended in violence after Mr Duggan fell off his bicycle.

The accused, who were also accompanied by Mr Cooper's brother Sean, sniggered and moved on.

CCTV footage had shown Mr Duggan approaching the group and witnesses said Mr Duggan hit Sean Cooper on the back of his head with his hand. A scuffle then broke out and continued in a laneway off Grafton Street.

The court heard that Mr Duggan received a number of blows to the head and suffered life-threatening injuries, including a fractured skull and broken eye socket and broken jaw and was comatose for a long period in hospital. "

Oriel

What do you call a knacker in a suit?

seamus

The accused.

Dave!

HelterSkelter wrote:

Yeah I did read the story, it differs somewhat from the watered down version you just gave. You aren't friends of the two attackers by any chance are you?

This is all from the Independent:

All of those stories you posted still point out the fact that he fell off his bike, they laughed, and he started punching one of them...

Strong and fit and fired up with fury, they launch a violent attack on the defenceless librarian.

Is this a joke? lol