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Got arrested last night..

  • 07-03-2009 11:03am
    #1
    Closed Accounts Posts: 213 ✭✭


    Got arrested last night pretty drunk. My mate picked up a few bottles of milk from outside a shop and legged it and the guards came and even though I had nothing took me in. There was 3 of them in the car and I'm pretty sure they only took me because my mate isn't from Dublin (was up for the weekend) and I was an easy target.

    Don't mind all that because I guess I'm an accompliss to a crime so it's not like I was totally innocent. BUT, I get back to the garda station and they seem really pissed off at this stage. Haven't said or done anything to them but they just seem like they're out for blood. So they take everything from me - belt, shoe laces etc - and I'm sitting at a desk getting charged. My phone is about a foot away from me on the table. They hand me this big contract looking thing and tell me to sign it. I say, here let me ring my mate and he'll even tell you I wasn't robbing any milk and reach for the phone. I stress that I did not do this in a fast or threatening manner!
    Next thing one of them grabs my hand and puts it behind my back and slams the side of my head into the table as hard as he can.

    2 minutes later they've handed me a new form which has God-knows-what on it and I'm just saying I wont sign it until i've read it. So the guard starts flying through it and says they wont let me go until I sign it so being drunk I just did. Then they tell me I will get a summons soon and throw me in a cell for about 4 hours.

    In this time I haven't noticed my head has been bleeding and I've been lying down on this horrid mattress. I'm honestly going to have to have an STD test after this because God knows who was on it before me.


    My question is - If I go to court, would it be a good idea to say all this? Or best to take my medicine? I have good quality pictures on my phone of the state of the side of my head after being slammed off the desk, what should I do with these? Would they stand up in court if it came to it? Will the guards say I became aggressive and it was necessary?


    I'm not a scumbag and my mate was just being a drunken fool. I know I might come across as a bit too much of a victim, when I know I was doing something wrong. I just thought the punishment was very harsh. God knows how many people got mugged etc last night while 3 guards felt the need to make me feel like a dweeb for 3 hours and physically hurt me.

    I don't mind any negative comments as long as they're helpful!

    thanks,
    Ro


Comments

  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    solicitor

    that is all


  • Closed Accounts Posts: 213 ✭✭BigWilly


    I cannot afford to hire one right now. If it comes down to it and I'm up for theft or some other serious charge I definitely will get one, but at the moment it really isn't an option.

    Thanks though,
    Ro


  • Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    BigWilly wrote: »
    My question is - If I go to court, would it be a good idea to say all this?

    Have to assume you're spinning it quite rapidly anti-clockwise, but if your story is even remotely true then make a formal complaint and get yourself a lawyer.

    Actually, thats pretty much your civic duty. Otherwise, you share the blame if the next guy whos head is bounced off the desk suffers a real injury.


  • Closed Accounts Posts: 7,960 ✭✭✭DarkJager


    Go to the ombudsman and report what happened. It might prevent someone else from suffering at the hands of a wannabe dirty harry.


  • Closed Accounts Posts: 1,253 ✭✭✭cushtac


    Go to the Ombudsman about what happened in the station. If you end up in court tell the judge you can't afford a solicitor & he'll assign one on legal aid.


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  • Posts: 0 [Deleted User]


    BigWilly wrote: »
    Got arrested last night pretty drunk. My mate picked up a few bottles of milk from outside a shop and legged it and the guards came and even though I had nothing took me in. There was 3 of them in the car and I'm pretty sure they only took me because my mate isn't from Dublin (was up for the weekend) and I was an easy target.

    Sounds like you were arrested under the Public Order Act. How would the Gardai know your mate wasn't from Dublin if he ran off?
    BigWilly wrote: »
    Don't mind all that because I guess I'm an accompliss to a crime so it's not like I was totally innocent.

    Again, it's probably the Public Order Act here.
    BigWilly wrote: »
    BUT, I get back to the garda station and they seem really pissed off at this stage. Haven't said or done anything to them but they just seem like they're out for blood. So they take everything from me - belt, shoe laces etc

    This is for your own safety. They don't want you to go and hang yourself in the cell.
    BigWilly wrote: »
    and I'm sitting at a desk getting charged.

    They were completing your custody record. standard for all arrested people.

    BigWilly wrote: »
    They hand me this big contract looking thing and tell me to sign it.

    Again, this was the custody record. They wanted you to sign to say that you received your notice of rights.
    BigWilly wrote: »
    Then they tell me I will get a summons soon and throw me in a cell for about 4 hours.

    They can't release you until you have sobered up. Duty of care and all that.

    I'll let the more experienced lads answer some of the other points.

    Also, if you have never been in trouble before and it is just a public order offence than you may just receive a fixed charge penalty, but it depends on what the garda who arrested you is planning to do. Or you may receive an adult caution.


  • Banned (with Prison Access) Posts: 7,466 ✭✭✭blinding


    If you do not have a previous criminal record then you should fight this all the way. You do not want a criminal record if possible.

    If you are telling the truth (and I have no reason to doubt you) then I would have been happier if the guards just kept you in for the night and let you go in the morning with a warning about future contact.

    In an ideal world perhaps you could visit the Garda station with either a parent (depending on your age) or a respected local person (a priest maybe,what else are they for) and beg forgiveness and leniency.

    If you could get out of this without getting a criminal record then it would be a good result for you


  • Closed Accounts Posts: 213 ✭✭BigWilly


    The solicitor isn't a problem if it comes down to it. I have a bit of money but just not enough to be seeking legal advice willy-nilly.

    I definitely do not want to go to the ombudsman and end up with 3 guards hating me for life. Plus the seargant (I think) was there in a tracksuit and I'm pretty sure that was the only thing stopping them from beating the shít out of me.

    Like if I come up in front of a judge is there any chance they would believe me? Or am I just screwed. I just really do not want the criminal record.

    I'm honestly not lying about any part of the night.


  • Registered Users, Registered Users 2 Posts: 220 ✭✭daithip


    Possibility you may only receive an adult caution if you've no previous convictions.


  • Registered Users, Registered Users 2 Posts: 6,259 ✭✭✭Rowley Birkin QC


    How are stations set up CCTV wise?


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  • Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭colly10


    Sounds like they spend a bit too much CSI, it was a few liters of milk, no need for that crap. Id complain to the ombudsman and get myself a solicitor, also don't ever sign anything you havn't read (read out to you doesn't count)


  • Moderators, Regional East Moderators Posts: 21,504 Mod ✭✭✭✭Agent Smith


    BigWilly wrote: »
    Got arrested last night pretty drunk. My mate picked up a few bottles of milk from outside a shop and legged it and the guards came and even though I had nothing took me in. There was 3 of them in the car and I'm pretty sure they only took me because my mate isn't from Dublin (was up for the weekend) and I was an easy target.

    Don't mind all that because I guess I'm an accompliss to a crime so it's not like I was totally innocent. BUT, I get back to the garda station and they seem really pissed off at this stage. Haven't said or done anything to them but they just seem like they're out for blood. So they take everything from me - belt, shoe laces etc - and I'm sitting at a desk getting charged. My phone is about a foot away from me on the table. They hand me this big contract looking thing and tell me to sign it. I say, here let me ring my mate and he'll even tell you I wasn't robbing any milk and reach for the phone. I stress that I did not do this in a fast or threatening manner!
    Next thing one of them grabs my hand and puts it behind my back and slams the side of my head into the table as hard as he can.

    2 minutes later they've handed me a new form which has God-knows-what on it and I'm just saying I wont sign it until i've read it. So the guard starts flying through it and says they wont let me go until I sign it so being drunk I just did. Then they tell me I will get a summons soon and throw me in a cell for about 4 hours.

    In this time I haven't noticed my head has been bleeding and I've been lying down on this horrid mattress. I'm honestly going to have to have an STD test after this because God knows who was on it before me.


    My question is - If I go to court, would it be a good idea to say all this? Or best to take my medicine? I have good quality pictures on my phone of the state of the side of my head after being slammed off the desk, what should I do with these? Would they stand up in court if it came to it? Will the guards say I became aggressive and it was necessary?


    I'm not a scumbag and my mate was just being a drunken fool. I know I might come across as a bit too much of a victim, when I know I was doing something wrong. I just thought the punishment was very harsh. God knows how many people got mugged etc last night while 3 guards felt the need to make me feel like a dweeb for 3 hours and physically hurt me.

    I don't mind any negative comments as long as they're helpful!

    thanks,
    Ro

    how would they have know.

    The belt & shoelaces are to make sure you dont try to Commit Suicide in the holding cell.

    Not saying they should have banged your head against the table, but maybe they thought you were being a smartass "here, call me mate who was there, he'll back me up". Yeah, the police have never heard that before.

    To quote Intermission

    "Stay where you are and take your scolding."


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    OP

    If you feel you have a ligtimate complaint then by all means make one to the Ombudsman. If you were charged or summons to court in the future then get a solicitor.

    There is one thing I will say just for your information though, shoes, belts, tracksuit bottom ties etc are taken off anyone going into the cells. Its standard practice and as Foreign points out it is prevent people from taking their lives within the cells.

    Also please read the Charter. This forum is not for airing anyones complaints. If you have a reasonable question by all means ask it.

    Thread closed.


  • Closed Accounts Posts: 213 ✭✭BigWilly


    thanks foreign and blinding.

    I've been in court before for urinating in temple bar about 2 years ago. But the guard didn't show. I told them this last night which might have been a bad idea but I just wanted to get the hell out of there asap.


    Thanks for that info foreign, I think I've been watching too much 'banged up abroad' not signing what I'm given! :P


  • Closed Accounts Posts: 213 ✭✭BigWilly


    TheNog wrote: »
    OP

    If you feel you have a ligtimate complaint then by all means make one to the Ombudsman.

    There is one thing I will say just for your information though, shoes, belts, tracksuit bottom ties etc are taken off anyone going into the cells. Its standard practice and as Foreign points out it is prevent people from taking their lives within the cells.

    Also please read the Charter. This forum is not for airing anyones complaints. If you have a reasonable question by all means ask it.

    Thread closed.

    Mate, I know about the laces etc rule. Wasn't complaining about that. I have a valid question? I dont see what the problem is. Sorry if I'm being out of order!

    Ro


This discussion has been closed.
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