Court summons

monty_python

how long after an offence is commeted do the garda have to summons you???? and normally how long do it take for it to happen?????

yayamark

For a non-indictible (sp) offence summons must be created within 6 months and for an indictible offence gardai have for -ever.

What happened if u dont mind me asking?

sam34

summons has to be issued from the court office within 6 months, but it could take longer for it to be served on you- i think they have 18months from date of offence to serve summons. (not 100% sure if 18 months, but sure of 6 months court issue bit)

monty_python

i was fond in possion off a small amount of weed and even smaller amount off cocaine.
good thing i got caught really. it has made me stay away from the sh*te

TheMelodyOfRain

Drugs tend to be dealt with fairly briskly; expect to hear something within a month. Any previous? And how much is 'a small amount'?

sam34

non indictable means things like rape, manslaughter, murder etc, i dont know the legal definition but its things like that.

McCrack

Non indictable are summery offences which can only be prosecuted in the District Court. Indictable offences are crimes prosecuted in the Circuit/Central or Special Criminal Courts....essentially the more serious ones and the accused if he pleads not guilty will be entitled to a jury trial (except in the Special)

To the original poster, if it's simple possession it will be prosecuted in the Distict Court. I'd advise that you contact a solicitor for advises and/or representation.

monty_python

a small amount is 50 euro worth of each
it was 4-5 months ago now so im hoping it is forgotten about:D

sam34

once teh six months is up, you could always ring the relevant district court to see if theres anything pending against you

Fiend-Foe

monty_python wrote: »

a small amount is 50 euro worth of each
it was 4-5 months ago now so im hoping it is forgotten about:D

I'd say its pretty safe to say you are off the hook. Speaking from personal experience, that is a very small amount and they will usually issue a summons for the district court straight away when they are releasing you from custody.

If you didn't resist arrest, or give any backchat and cooperated fully, I really doubt this matter will go any further. Theres much bigger fish for them to fry.

Even if it did go any further, if its a first offence you would most likely get the probation act (If your not familiar this is basically just a warning, provided you don't screw up again all is forgotten). At the very worst a small fine. So don't get it let you down worrying about it.

Learn your lessons from it and move on imo.

pajodublin

i committed an offence in February and got a summons a couple of weeks ago
Mine was for driving offences so not sure how it differs

Fiend-Foe

pajodublin wrote: »

i committed an offence in February and got a summons a couple of weeks ago
Mine was for driving offences so not sure how it differs

I think this differs slightly, I don't know the particulars of your case obviously. But I thing the lenght of time can vary with the amount of evidence that has to be collected and the amount of work the prosecuting Garda has to put in.

In a possession case, shoplifting etc. this is usually pretty straight forward, they caught you with it, end of. So you will usually get issued a summons straight away. That has been my experience anyhow.

Maybe one of the Guards in the Emergency Services forum could answer the OP's question if he asks there...

The_Conductor

yayamark wrote: »

For a non-indictible (sp) offence summons must be created within 6 months and for an indictible offence gardai have for -ever.

What happened if u dont mind me asking?

Statute of limitations varies depending on the crime committed.

finbarrk

Would a failed breathaliser test be a non-indictible offence?

yayamark

monty_python wrote: »

a small amount is 50 euro worth of each
it was 4-5 months ago now so im hoping it is forgotten about:D

You might not recieve a summons until 8-9 months after the offence

smccarrick wrote: »

Statute of limitations varies depending on the crime committed.

Yes six months for non-indicitble and for-ever on indictible

finbarrk wrote: »

Would a failed breathaliser test be a non-indictible offence?

Yes

TheNog

finbarrk wrote: »

Would a failed breathaliser test be a non-indictible offence?

yeah its non indictable.

finbarrk

Does that mean that if a person hasn't heard from the Gardai within six months of failing a breathaliser test that they won't hear from them so?

TheNog

finbarrk wrote: »

Does that mean that if a person hasn't heard from the Gardai within six months of failing a breathaliser test that they won't hear from them so?

If you failed the intoxilyser at the station I'm very surprised you did not walk out of the station with a charge sheet for the next court date!!!! Are ye sure ye failed it?

If the guard wanted to summons you he/she would only have to have that summons stamped by the court clerk within 6 months of the offence date. This summons if not served, had expired he/she can simply produce a new one along with the old one and get it stamped again. Would only happen if the guard was having trouble finding you.

illdoit2morrow

I have a similair situation to the original poster, i was caught with a small amout of drugs at a music festival in Sept 2007. A year past and i heard nothing but i recieved a summons this Sept (over a year later) for a district court appearance in November. If you really want to know contact the district court in question.

Rigor Mortis

Sorry bud but I have seen guys getting done a year after getting caught like that

The Corinthian

Rigor Mortis wrote: »

Sorry bud but I have seen guys getting done a year after getting caught like that

Depends on the circumstances of their arrest and prior history. If you are uncooperative and have a prior history of arrest, an aspirin may get you a custodial sentence.

If the word 'bud' is in your lexicon, I suspect this will also go against you...