unfairly targeted.

Marie.C

Hi, i just got a phone call from the gardai stating that on Saturday i am to be cautioned, possibly prosecuted over an incident that took place on June of this year.The incident was the fact i overdosed in a park in my town. I have a long history of clinical depression, and for a few months this year, i hit rock bottom, went into self-destruct mode, if you will. I was fighting an addiction to prescribed meds known as xanax also, and on a very regretabble day in June i took a ridiculous amount of xanax, these mixed with prozac, and the far too many drinks i consumed, it was my first time drinking in a long time, was off it due to the meds, and il admit i went a bit over board, but i really wasnt in the best state of mind, anyway all these things combined to cause me to overdosed.
Anyway,the gardai just rang me like i said, stating that im to be cautioned, possibly prosecuted..i was like,hang on, PROSECUTED!! i was like how likely is it that il be prosecuted, she said do you have a solicitor, i said..erm no, she said, quite sternly, well get one! WTF..can i actually get prosecuted over this, even go to jail, this is really freaking me out, i have no prior dealings with the guards or the courts, so i dont really know what im up against. What are your opinions? What are my rights?

The sad thing is, after months of extensive therapy and a lot of support from family and friends, im starting to move on with my life and im in much better state of mind, thankfully. I'll be the first to admit what i did was stupid, but CRIMINAL?! This is a huge set back for me.

any help would be appreciated,
thanks, from a possible future criminal...and fugitive..jail my ass!!

Baron_Kunkel

Did you get the name of the Garda or his station?

Thirdfox

Can't give legal advice - so get yourself a solicitor who'll deal with your specific issues.

If you're asking about the general attitude of the law towards crimes being committed while on drugs then for public policy reasons the law does not see any crime being committed under the influence as being mitigated by drug use (in many cases this will aggravate the crime e.g. drink driving). Special case for murder I believe... but this is not what you want to know about.

Get a lawyer for your specific questions Sorry to hear about this being a set-back - you can probably demonstrate in court (if this goes to court) that you've since recovered and are very sorry about the harm caused.

Marie.C

yes i did, and its a female guard, raving bitch! i had to bite my tongue on a few occasions, i was fit to tell her to re-enroll in Templemore and get some bloody cop on, incompetent cow! arrrgghhh..i fuming right now, i dont know wether to laugh or cry!

I dont feel comfortable stating names, its a country side station and guard, if that makes a differance, possible slow day at the office!

Thirdfox

That sort of attitude would not get you far in a district court...

Anyway - I've said all the legal commentary that I know. Good luck with getting a satisfactory outcome.

edit: please do not ask for legal advice on this forum as the thread will be locked in such circumstances.

Baron_Kunkel

I was just wondering if yuo had her name for your own benefit, not for public display. Other than the overdose incident were there any other of your actions that could have been construed as offences such as roaring/screaming/ fighting/criminal damage etc.? Was there a 3rd party injured? If not it seems to me that some common sense could be used. You would expect a worse case scenario of a caution under the adult caution scheme for minor offences.

Rhonda9000

Wait for a summons. Then get professional legal advice - which you won't / can't get on boards.ie ... Don't lose any sleep until you have a summons in your hand.

Out of curiousity, did this deviant country Garda mention the offence she alleges you committed?

Marie.C

no roaring, screaming etc i was unconsious, my heart stopped on two occasions , my memory is obviously a little fuzzy but i know for a fact i didnt verbally or physically abuse anyone, im sure i emotionally hurt my friends who were there, and im extremely remorseful about that. I didnt cause any damage to property, attack a guard etc. i just laid there, on deaths door.

Marie.C

Thirdfox: theres no way id adopt such an attitude in court, im simply venting here. and in fairness, i was very polite to the guard on the phone , like i said there were a few occasions where i really had to hold my tongue.

Marie.C

Rhonda: public drunkeness/ disordedly conduct something a long those lines, my mind was reeling when she was (very poorly) explaining things.

Baron_Kunkel

I'm glad you're feeling better. Rhonda and Thirdfox are right. Wait for the summons and get legal advice.

eth0_

Marie.C wrote: »

Rhonda: public drunkeness/ disordedly conduct something a long those lines, my mind was reeling when she was (very poorly) explaining things.

I'm really shocked! If you'd taken that cocktail you'd be incapable of disorderly conduct.

Are you sure they're not prosecuting your for attempting suicide (although i've NEVER heard of that happening)?

I'd imagine a call to the Sergeant - or the ombudsman if he is no help - would sort things out, can you imagine the bad publicity the Gardai would get if something like this went to court!

Then again, a Wicklow man showing clear signs of mental illness and delusional thoughts was jailed last week in Wicklow (http://www.wicklowpeople.ie/news/tallon-is-jailed-for-1211719.html) it seems the legal system in this country isn't very sympathetic to the mentally ill.

Marie.C

ethO: thats what came to my mind straight away, effectively there are trying to possibly prosecute me for attempting suicide..im like, christ, talk about tough love!!

that poor wicklow guy, a person doesnt need a degree in psychology to know hes clearly unstable ( what a character though!) and no they cleary arent sympathetic to the mentally ill, then again either is the health sevice, so whats to be expected!:rolleyes:

Amazotheamazing

I think there is an element of the guards covering themselves in all this too.

I'm genuinely glad to hear things are getting better for you, I hope things get even better from here on out, but you have to remember the guards have come in for some heavy criticism after a few murder-suicides this year, where the person in question had come to Garda attention but never got proper help. There was a spate where 3 young mothers killed themselves and their children (iirc) in the space of a few weeks at the start of the summer.

Imo, you would be extraordinary unlucky for this to progress to the point where you were given a record, if you can show the Judge the progress you've made, the Judge will not want to set back your recovery.

AnnaStezia

Marie.C, you have been in a very dark place. You are doing very well and you need to stay extremely calm.

If you are calling to the garda station I would prefer for your sake to see you accompanied by a solicitor for your own protection. If you lose it in the station through provocation or upset that is just the excuse that they would love you to give them.

If they call to your home to deliver a summons it would be better that you have someone there with you to witness any conversation.Even then keep any conversation to a bare minimum. That bit about not being obliged to say anything blah blah is there for your protection !

If this does go as far as a summons being issued you will definitely need proper legal advice pronto. Please also be sure to get your medical evidence in order as that will be highly relevant for you on the basis of your post.

Whatever happens keep up your progress and good luck with it all.