intoxicated in public and up in court

its me!

has anyone got any idea of what i should expect. was drunk on friday and was put in a cell for the night and told to appear in court in about 3 weeks. on the letter, it says to pay €200 if i dont show. what should i do? if i dont show up am i just charged anyway? will i just get fined?

waraf

Show up to court wearing a suit. Keep your mouth shut (i.e. don't interrupt or contradict the Gardai - the judge will take his/her word over yours anyway as you were drunk at the time). Be both respectful and apologetic and take your punishment like a man.

its me!

how much do u reckon i'll be fined? i assume its just going to be a fine, is that right?? i've never been in trouble before so really have no idea how this all works! thanks for any advise. also... should i get a solicitor?

focusing

The €200 would be your bond.

If you fail to appear you have to pay that amount to the State, you'll also get the book thrown at you in your absence.

Be polite, apologise and ask if you can make a charitable donation.

Have cash in court for that.

waraf

Personally, I would always get a solicitor if I was appearing in court (I've never had the pleasure thankfully). Maybe someone else on here can tell you if it's necessary.
Looks like you will get fined about 100 euro for being drunk or maybe 140 if you were being disorderly (i.e. being a tw@t when the cops came to sort you out).

http://www.barkeeper.ie/News_Item.asp?News_ID=1453

445279.ie

Turn up, it you don't a bench warrant will be issued for your arrest.

Get a Solicitor and as said before keep you mouth shut and let him/her do the talking.

You might be lucky and get away with a poor box payment

waraf

focusing wrote: »

Have cash in court for that.

Good point. A mate of mine nearly got sent to mountjoy for a week as he didn't have the cash with him to pay a drunk charge in court. Luckily someone was nearby with the cash and it was all ok in the end. Scared him straight though and he hasn't drank since

its me!

yea apparently i did use abusive language. i did just go thru a break up and am never that bad so will defo be giving a sob story.. dont know if it will help... how come i have to go to court if they have on the spot fines??

PCPhoto

IMO what you should do is :

Goto court, listen to what is said, explain to the judge that you have been through bad break up etc etc you were drunk you understand it was a mistake - you lost control.

Maybe talk to the garda before the court - apologise and ask what he/she thinks will happen (my guess is the benefit of the probation act or a donation/fine)

you could plead with the judge not to give you a criminal conviction (ie. donation to poor box or probation act)

hullaballoo

Get a solicitor.

That's my best advice because otherwise, you won't know when it's your turn to speak and you won't know what to say when it is your turn.

McCrack

If your holding your hands up to a minor public order charge representation isn't necessary.

I mean if you have intelligence and the confidence to speak up in public you won't need a solicitor.

PCPhoto is on the ball.

legal eagle 1

I've been at a lot of these minor hearing in the local district court and most of the time the judge will give you a caution and a fine ranging in amounts depending on the Garda's evidence of the incident. Turn up in a suit, very respectable and only speak when spoken directly too. As regards obtaining a solicitor, if your very worried it will ease your mind but the cost of getting a solicitor to come to court for you is huge as they see it as a full days work hanging around the courtroom! It may be a very costly affair than alongside a fine!

445279.ie

McCrack wrote: »

If your holding your hands up to a minor public order charge representation isn't necessary.

I mean if you have intelligence and the confidence to speak up in public you won't need a solicitor.

PCPhoto is on the ball.

Yeah, but a solicitor will know the judge's form and know how to play him/her

hullaballoo

McCrack wrote: »

If your holding your hands up to a minor public order charge representation isn't necessary.

I mean if you have intelligence and the confidence to speak up in public you won't need a solicitor.

PCPhoto is on the ball.

Now, I think you've been here long enough to know better than to say something like that. Please read the forum charter and stickies before posting again.

This thread is border-line as it is re the legal advice thing. since it's minor and I always feel sorry for people who have brushes with the law when they've really just acted out of character and it's a once-off, I let this sort of thing slip from time-to-time. The same with minor consumer issues. However, one thing that is never tolerated is for someone to say, 'you don't need representation'. That's the end of the matter.

its me!

thanks for all the advice. not as worried as i was earlier! but still very nervous!!!

legal eagle 1

its naturally to feel nervous but, you wont be alone. I've seen about 12 drunk and disorderly cases dealt with in less than an hour in a small courtoom. Its a mistake you made and I'm sure the judge will take that into consideration .

happyhappy

if this is genuinely your first offence and it was only section 4 & 6 public order (drunk and a danger to yourself & using threatening, abusive or insulting behaviour) you make be entitled to be dealt with under the adult caution system. that said, if your behaviour was very bad on the night you may not. get a solicitor to make the application for you to the court

McCrack

hullaballoo I accept what you say and I apologise if I over-stepped the mark. I wasn't offering legal advice to the OP (I wasn't intending to anyway) but an opinion on whether representation is needed.

These type of things are common sense really and I don't see the point in handing over 200 or 300 euro to a solicitor to effectively speak for you.
It's a matter of the OP pleading guilty, quick explanation of the background, apologising to the court and Garda and offering a sweetener to the court as a token of remorse.

Probation of Offenders springs to mind.

Regarding the Adult Caution Scheme would I be right in saying the point has passed for that to be applied? I've never heard of Judges remitting a charge back to the Garda for them to caution.

Jo King

McCrack wrote: »

These type of things are common sense really and I don't see the point in handing over 200 or 300 euro to a solicitor to effectively speak for you.
It's a matter of the OP pleading guilty, quick explanation of the background, apologising to the court and Garda and offering a sweetener to the court as a token of remorse.

A lot of judges do not like dealing with unrepresented defendants. They tend to take up a lot more time. Some judges tend to say "Mr. or Ms. Solicitor please advise your client to do something about his drink problem." A few hundred euro is a small price to pay in order to avoid having a conviction recorded. Regarding cost the best thing to do is go to a legal aid solicitor who will be appearing regularly in the court in question. The price will be reasonable since the solicitor will be there anyway and they will be well used to the palaver needed to mollify whatever judge is sitting.

445279.ie

McCrack wrote: »

Regarding the Adult Caution Scheme would I be right in saying the point has passed for that to be applied? I've never heard of Judges remitting a charge back to the Garda for them to caution.

Seen it quite a few times

445279.ie

Jo King wrote: »

Regarding cost the best thing to do is go to a legal aid solicitor who will be appearing regularly in the court in question. The price will be reasonable since the solicitor will be there anyway and they will be well used to the palaver needed to mollify whatever judge is sitting.

Spot on Jo King

McCrack

Jo King wrote: »

A lot of judges do not like dealing with unrepresented defendants. They tend to take up a lot more time. Some judges tend to say "Mr. or Ms. Solicitor please advise your client to do something about his drink problem." A few hundred euro is a small price to pay in order to avoid having a conviction recorded. Regarding cost the best thing to do is go to a legal aid solicitor who will be appearing regularly in the court in question. The price will be reasonable since the solicitor will be there anyway and they will be well used to the palaver needed to mollify whatever judge is sitting.

I accept that, summary Judges are very wary or hesitant to accept pleas from unrepresented defendants charged with certain offences (particularly S49's) and rightly so but in this instance I can't see that being an issue.

Maybe I'm looking at this through tunnel vision but my own knowledge/experience tells me legal representation in this instance is unnecessary provided the OP is articulate and confident enough to express himself clearly.

445279.ie

McCrack wrote: »

I accept that, summary Judges are very wary or hesitant to accept pleas from unrepresented defendants charged with certain offences (particularly S49's) and rightly so but in this instance I can't see that being an issue.

Maybe I'm looking at this through tunnel vision but my own knowledge/experience tells me legal representation in this instance is unnecessary provided the OP is articulate and confident enough to express himself clearly.

I'd agree with you if it was a RTA offence (other than S.49 obviously), but where if he gets the wrong judge he could end up having a conviction which would go against him for life, a solicitor is highly recommended

focusing

It all depends on what value you put on not having a conviction.

If you want to keep your record clean, investing in a solicitor may be the best money you've ever spent.

If you don't care about having a conviction, just appear yourself and see how it goes.

its me!

so would it be too late now to ring up the garda for the adult cautioning scheme?

Jo King

McCrack wrote: »

Maybe I'm looking at this through tunnel vision but my own knowledge/experience tells me legal representation in this instance is unnecessary provided the OP is articulate and confident enough to express himself clearly.

Whatever knowledge you have, there is certainly one thing you do not know. The judge! DJs vary a lot in their approach. It might make no difference being represented or it might make all the difference. THe judge will have no difficulty in accepting a plea. What the o/p needs is a break from the judge. How to handle the judge is something only a practitioner who is befor ethat judge regularly will know.

happyhappy

its me! wrote: »

so would it be too late now to ring up the garda for the adult cautioning scheme?

yes it's too late now, but some judges will ask the garda if the adult cautioning scheme could have been applied, even though you have been charged. a lot of it depends on your behaviour on the night, and you may also not be suitable.

if i was to guess what would happen to you(not knowing the exact facts), i reckon a contribution to charity of 200 - 300 euro and section 1(1) of the probation act wiould be applied.

this is only a guess from prosecuting similar cases, only a guess!

partyguinness

Here is what you should do:

1. call to the garda station, meet the guard involved..then apologise for what happened.

2. Go to court, bring about €500 quid with you.

3. When your name is called, stand up and step forward

4. Let the garda tell the story and then the judge will ask what you have to say for yourself

5. Dont get smart and dont contradict the evidence of the Garda. If the Guard hasnt done so, respectively point out that you apologised and then apologise again with your best alter boy face on.

6. If you have no previous convictions and there was nothing particularly nasty about your actions, the judge will prob dismiss under the Probation Act and you pay €200-€300 into a charity or garda benevolent fund.

This can be done on the day hopefully. Out the door and then for a stiff drink.

nuac

Partyguinness, agree with the plan proposed, especially the apology to Gardai involved.

Two caveats

1. Better to have a solicitor who frequently appears in that court

2. As for the stiff drink afterwards, be careful about that - e.g. do not have it in the same pub as the judge goes to for his/her lunch - have seen it happen.

partyguinness

nuac wrote: »

Partyguinness, agree with the plan proposed, especially the apology to Gardai involved.

Two caveats

1. Better to have a solicitor who frequently appears in that court

2. As for the stiff drink afterwards, be careful about that - e.g. do not have it in the same pub as the judge goes to for his/her lunch - have seen it happen.

Also, some judges will give a reduced fine if a solicitor is there because the judge will take the cost of the solicitor into account.

Going for a stiff drink was a bit tongue in cheek..:)

BigWilly

What exactly happens if you do not have enough cash with you in court?

Prisoner6409

BigWilly wrote: »

What exactly happens if you do not have enough cash with you in court?

Then off to jail you must go or the judge may give you some time, depends. What ppl don't realise is that there are an awfull lot of ppl in prison for non payment of fines. Prison is not just full of murderers, drug dealers and rapists, there are a lot of ppl in prison due to falling on hard times.

Prisoner6409

its me! wrote: »

has anyone got any idea of what i should expect. was drunk on friday and was put in a cell for the night and told to appear in court in about 3 weeks. on the letter, it says to pay €200 if i dont show. what should i do? if i dont show up am i just charged anyway? will i just get fined?

What does it say on the charge sheet, "Drunk and Disorderly". Get a Solicitor, it looks better and shows the court you are taking the matter seriously.

BigWilly

Prisoner6409 wrote: »

Then off to jail you must go or the judge may give you some time, depends. What ppl don't realise is that there are an awfull lot of ppl in prison for non payment of fines. Prison is not just full of murderers, drug dealers and rapists, there are a lot of ppl in prison due to falling on hard times.

Surely they would give you a time frame in which to pay the fine, if you're unable to pay it there and then. Are you speculating or is there any basis for what you've said?

cushtac

BigWilly wrote: »

Surely they would give you a time frame in which to pay the fine, if you're unable to pay it there and then. Are you speculating or is there any basis for what you've said?

You are indeed given time to pay a fine, the length of time given can be varied by the judge depending on your personal circumstances.

BigWilly

Well today I was given 2 hours to come up with 250 quid on top of 250 I already had on me. If I wasn't lucky enough to have someone to borrow money off in town I'd have a conviction right now.

Serves me right for wearing a suit. Only person in the court room not in a tracksuit, must have looked like I had cash to blow (I don't).

So yeah, if you want to get off scott free, dress like a knacker, talk to your mates constantly in court and answer a phonecall or two. I mean, one guy even gave the hitler salute when the judge came out.

cushtac

BigWilly wrote: »

Well today I was given 2 hours to come up with 250 quid on top of 250 I already had on me. If I wasn't lucky enough to have someone to borrow money off in town I'd have a conviction right now.

That doesn't sound like a fine, that sounds like you were told to donate to the court's poor box in order to get the probation act. A fine would mean you got a conviction, in which case you would have been given a certain amount of time to pay the fine or a certain number of days in prison if you couldn't pay.

BigWilly wrote: »

So yeah, if you want to get off scott free, dress like a knacker, talk to your mates constantly in court and answer a phonecall or two. I mean, one guy even gave the hitler salute when the judge came out.

If you didn't get a conviction you did get off.

BigWilly

cushtac wrote: »

That doesn't sound like a fine, that sounds like you were told to donate to the court's poor box in order to get the probation act. A fine would mean you got a conviction, in which case you would have been given a certain amount of time to pay the fine or a certain number of days in prison if you couldn't pay.



If you didn't get a conviction you did get off.

You're right in both respects there. Was just a bit miffed yesterday because 500 euros is a bitter pill to swallow for an unemployed bloke.

As they say, dont do the crime...etc

Hasschu

Back in the bad old days in a small town in North Kerry this is how it went. 1) Retain a solicitor, 2) Buy the ticket to Euston as your solicitor advises you. 3) Have your mother in court ready to sob as instructed by your solicitor. The dialog was along the lines of " Your honour my client made a big mistake but he has apologized to Garda (name). He is mortified by his actions which his family condemns unanimously. His mother who is in court told me that the temptation of 56 pubs and the bad company he finds there is too much for him. He has agreed with his family that the best solution is to find a job in England so as he is not exposed to further temptation. (mother sobbing in the background) He has the ticket to Euston for the nine o'clock train tomorrow. I hope you find the arrangements satisfactory your honour and I ask that my client be bound over to keep the peace for 12 months." This solution usually stuck but the key to it was the right solicitor.