Proceedure and Conduct in Court

turgon

Firstly I am NOT seeking legal advice. Secondly, I realize this may be outside of the remit of this forum, but the advice I seek would greatly help me, and help others I believe.

I am going to District court on Thursday morning at 11; Im charged with Careless driving (driving without due care and attention); I will be pleading guilty; I am representing myself (Im not in a position to hire legal help).

Ive never been to court before so Im not familiar with procedure/conduct. For example, I assumed one refers to the judge "your honour," but is this the same in Ireland? I presume also that one must stand when speaking?

As I understand (from interest research), careless driving is a summary offense. I will be called up, I will proceed forward to the defense table, be told what I am charged with, I will plead guilty. The judge will then ask for statements from the prosecution and myself before issuing a sentence. Is this correct?

What is or isnt appropriate to include in any statement I give?

I intend to sit in on the sittings before me; I intend to arrive in the town the court is about 9:20; is this adequate? Must I wait for a break in proceedings before I enter the courtroom? Do I sit in the public gallery before being called up? Any other tips?

I really really appreciate any advise you can give. If this thread is deemed inappropriate and locked, I would be really thankful if you might be willing to PM me. Thanks for reading

Tom Young

See OP all of the above ''?" symbols denote questions.

To which the answers you get, you might rely upon.

We can't ensure that the posters here know or are practicing in order to answer the questions you ask, or indeed advice in relation to matters which in the vast majority of cases they may know nothing about - technically I mean.

So in effect that is why we don't allow legal advice here.

I won't close it, but this is precisely why. If you can afford a solicitor, please engage one.

Tom

445279.ie

Turn your phone off

9.20 is far too early to turn up. No need to arrive until 11am. You can go into court at any stage and sit in public seating area.

When your name is called, stand up and make yourself known. As you say, the Judge will ask how you're pleading and then listen to the evidence of the prosecuting Garda.

S/He will ask you if you have anything to say and then proceed to give his/her sentence.

Best of luck, and hope this helps.

TheNog

In agreement with Tom. I strongly recommend you engage with a solicitor. You cannot hope to properly represent yourself when you have no experience of court.

But if you do decide to give it a go then see below

turgon wrote: »

Ive never been to court before so Im not familiar with procedure/conduct. For example, I assumed one refers to the judge "your honour," but is this the same in Ireland? I presume also that one must stand when speaking?

When speaking with the Judge refer him/her as "Judge".

As I understand (from interest research), careless driving is a summary offense. I will be called up, I will proceed forward to the defense table, be told what I am charged with, I will plead guilty. The judge will then ask for statements from the prosecution and myself before issuing a sentence. Is this correct?

You will not be asked for a statement nor will the Judge ask for statements either. The judge will ask for the oral evidence of the Garda or any witnesses. The Judge will then ask how you want to plead.

I intend to sit in on the sittings before me; I intend to arrive in the town the court is about 9:20; is this adequate? Must I wait for a break in proceedings before I enter the courtroom? Do I sit in the public gallery before being called up? Any other tips?

AFAIK all court sittings start at 10.30am. Some courts could be different though. Best check with the District Court Clerk for times.

You sit with everyone else until your case is called. When called stand up near the Judge, make sure your phone is switched off and your hands are out of your pockets!!!

turgon

My rationale for no seeking legal advise was primarily because I dont have enough money. Also, Im pleading guilty to the charge so I wont be mounting a defense.

turgon

445279.ie wrote: »

S/He will ask you if you have anything to say and then proceed to give his/her sentence.

Would it bad to simply say No? Otherwise, is there any general guidelines for what would is appropriate to stay here.

Hooch

turgon wrote: »

Would it bad to simply say No? Otherwise, is there any general guidelines for what would is appropriate to stay here.

Im sorry would be a start (not trying to be smart)

Wont happen again etc etc

445279.ie

nice guy always wrote: »

Im sorry would be a start (not trying to be smart)

Wont happen again etc etc

Agreed

turgon

I was thinking that. At the time I only had a provisional license and now Ive a full so I was thinking of mentioning my change in attitude towards driving (which is true).

I was worried that apologizing might be deemed inappropriate for some reason.

Hooch

turgon wrote: »

I was thinking that. At the time I only had a provisional license and now Ive a full so I was thinking of mentioning a change in attitude towards driving (which is true).

I was worried that apologizing might be deemed inappropriate for some reason.

Nope tell the judge it copped you on and you have your full licence and your now fully abiding by the Road traffic act.

enry

TheNog wrote: »

In agreement with Tom. I strongly recommend you engage with a solicitor. You cannot hope to properly represent yourself when you have no experience of court.

But if you do decide to give it a go then see below




When speaking with the Judge refer him/her as "Judge".



You will not be asked for a statement nor will the Judge ask for statements either. The judge will ask for the oral evidence of the Garda or any witnesses. The Judge will then ask how you want to plead.




AFAIK all court sittings start at 10.30am. Some courts could be different though. Best check with the District Court Clerk for times.

You sit with everyone else until your case is called. When called stand up near the Judge, make sure your phone is switched off and your hands are out of your pockets!!!

I agree with what TheNog said his understanding of the legal system is obviously second to none. I'd love to hear his opinion on the freedom of speech:)

TheNog

enry wrote: »

I'd love to hear his opinion on the freedom of speech:)

With Freedom of Speech comes great responsibility, the responsibility of one's own words.

:pac::D:pac:;):p

*Your week ban in ES still stands though*