Garda Summons

LegacyUser

I couldnt get into the legal forum as i need a password

got a garda summons only yesterday from my old flat i used to live in that needs me to be in court very soon for an incident over a year and 2 months ago.
It was for a one very small amount of a controlled drug, in a festival, i was drunk and stupid and totally regretted it, i forgot about because it was so long ago and was so small,im in shock i cant believe they are even bothering.
It almost seems dodgy the envelope had no address on it and was open also the date they wanted me to attended over 6 months ago was crossed out with a pen and a new date put in underneath it again with pen and doesnt have my correct address on it.
This is not a common occurrence for me at all im a decent law abiding hardworking person i do take responsibility for what i done but it would kill me if anything happened.
Has anyone any advice on this. Can this be thrown out of court because of the error in date. what would happen to me . Would i get a record etc
Thank you

allybhoy

First of all, relax! Your not going to get sent to jail or anything like it for something as small as that. But what I would say is no matter what happens make sure you make that court date. If not you will get a warrant put out for your arrest and that will be 10times worse.

I cant speak from experience as to what will happen but it sounds like a very minor incident tbh. A few years ago a friend of mine was searched in a parked car and found with a half ounce of hash on him, same thing as you he got a letter in the post ages later and could barely remember the incident. Anyways he turned up in court pleaded guilty and got a small fine, 100euros or something and a warning, thats all. Judge took into account that he was never in trouble before and was a hard working lad etc and the same will probably happen to you, it might even get thrown out of court, but as I said above, just make sure you make that date otherwise you could end up in more serious trouble.

LegacyUser

no address on envelope? date scored out and re-written? wrong address? envelope pen?
How did you get this letter? from a friend?

I could be wrong but it sounds like someone might be joking you

Maybe you should ring the court to be sure

imboard2

Hi,

The whole thing with no address and date being crossed of is completely strange..maybe it was just put in an envelope and posted throught the letterbox. A gard usually hand delivers them.

Also, I had a public order incident before where I was summonsed and had to go to court. On the day the judge didn't even talk to me..he called up my father and just spoke to him..I got no fine or record. I was 18 and in college at the time..

In your situation with all the confusion and that i'd go to the station in person and ask to speak to the guard that is on the summons. Look smart but not overdressed and be mannerly. Just ask what the situation with the court date is. Then get some proper legal advice..it will be money well spent!

LegacyUser

Thanks
yeah ill make sure i make the date

The letter itself looks pretty real its stamped by a court clerk and what not

I think ill definitely have to get some proper legal advice maybe fax them the letter to see what they think

Leeby

Don't they have to hand you the summons themselves rather than relying on it getting to you posted through a letterbox?

If the court date was only hand written on the letter, would it even be in their system correctly? Also, with the address being wrong, I don't know how you got the summons in the end, but how do they know you've even received it?

LegacyUser

Thats the thing i mean i only got the letter by chance i could have easily missed the court date my old housemate just happen to check the letterbox which he never does, would it be thrown out as they didnt contact me?i thought they did also.
The address was the right street and house but the wrong area entirely
it doesnt seem above board at all

milod

Go to a solicitor, pay a few quid for a consultation, and get proper advice. The solicitor should be able to ring the courts registrar and enquire whether it's live, struck out etc. Either way you put your mind at rest...

MILF

The first consultation in any solicitors is usually free. Bring the summons with you and show them or, even better, google your local district court office and fax them a copy.
There should be a record number on the top right hand corner of the summons and that's the courts reference number to go by. Summonses dont have to be hand delivered, they can be registered or certified posted as they have proof then that it was signed for.
I am a legal secretary and I have never heard of a summons just been put in the post without some back up to say you received it.
Dates can be handwritten into summonses but they wouldnt be scratched out and rewritten with new dates put in - the summons would be redrafted and retyped.

Head to your local district office and clear things up because, if it is real, you dont want a warrant out for your arrest!!!

Good luck!!:)

LegacyUser

MILF wrote: »

Dates can be handwritten into summonses but they wouldnt be scratched out and rewritten with new dates put in - the summons would be redrafted and retyped.

I'd be down to my solicitor first before the law clerk and instructing them to look at the technicalities - it is possibly void given scratched out dates and handwritten stuff,
plus no receipts of delivery

Overheal

Unreg worried wrote: »

I couldnt get into the legal forum as i need a password

got a garda summons only yesterday from my old flat i used to live in that needs me to be in court very soon for an incident over a year and 2 months ago.
It was for a one very small amount of a controlled drug, in a festival, i was drunk and stupid and totally regretted it, i forgot about because it was so long ago and was so small,im in shock i cant believe they are even bothering.
It almost seems dodgy the envelope had no address on it and was open also the date they wanted me to attended over 6 months ago was crossed out with a pen and a new date put in underneath it again with pen and doesnt have my correct address on it.
This is not a common occurrence for me at all im a decent law abiding hardworking person i do take responsibility for what i done but it would kill me if anything happened.
Has anyone any advice on this. Can this be thrown out of court because of the error in date. what would happen to me . Would i get a record etc
Thank you

If you tried to post in Legal Discussion alreaddy then you know the website's policy on legal advice.

Wibbs

milod wrote: »

Go to a solicitor, pay a few quid for a consultation, and get proper advice. The solicitor should be able to ring the courts registrar and enquire whether it's live, struck out etc. Either way you put your mind at rest...

Exactly.

Overheal wrote:

If you tried to post in Legal Discussion alreaddy then you know the website's policy on legal advice.

Exactly and more to the point I'm afraid. Because legal and medical advice is beyond the remit of this forum and against the charter, I have to close this thread.

Victor

OP, if you can't afford a solicitor, talk to FLAC www.flac.ie