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Changing legal teams.

  • 19-03-2010 5:32pm
    #1
    Closed Accounts Posts: 4,791 ✭✭✭


    If someone enters a guilty plea at the beginning of an investigation with the guards and then proceedings are brought to sentencing, can the plea be changed at that stage or is it too late.

    Also if you reach the sentencing stage of high court proceedings and you find that your legal team are not working on your behalf can you change them, what would the impact be if you changed, is it possible to get an acquittal if these solicitors can work better for their client or is it too late.

    Also what type of sentencing options are there in Ireland, say for stealing from your employer like that case recently where large sums of money were taken from a GAA club by the club sec.


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    If this is a real case, you need legal advice NOW.
    JJJJNR wrote: »
    If someone enters a guilty plea at the beginning of an investigation with the guards and then proceedings are brought to sentencing, can the plea be changed at that stage or is it too late.
    I imagine they could change, although I imagine things would be a bit complicated, e.g. in making a guilty plea, the accused may have made statements implicating themselves.
    Also if you reach the sentencing stage of high court proceedings and you find that your legal team are not working on your behalf can you change them, what would the impact be if you changed, is it possible to get an acquittal if these solicitors can work better for their client or is it too late.
    You can change your advisers, although again it is probably fraught with difficulty. Using a different legal team is unlikely to magically change things. Combining both of the above would be fraught with difficulty, but if its important then get some independent (of the current legal team) advice.
    Also what type of sentencing options are there in Ireland, say for stealing from your employer like that case recently where large sums of money were taken from a GAA club by the club sec.
    Prison, fines, restitution, community service, probation, charitable donation or a combination of the above.


  • Closed Accounts Posts: 5,284 ✭✭✭pwd


    You won't get an acquittal for having an incompetent or uncommitted legal team.

    Hypothetically, if you could prove that they were actually working against you, then it would invalidate the trial, I imagine. Don't know if double-jeopardy would apply in such a situation. It would be next to impossible to get it accepted that they were working against you though: If they were found guilty of such a thing, it would undermine a lot of previous convictions, so the state would not want that to happen.

    The Law Society is who you complain to about legal professionals who do not fulfil their obligations. Or rant on rate my solicitor.

    You need to prepare mitigation if you are facing sentencing.

    I'm talking hypothetically here, and I'm not qualified to give legal advice - do not consider the above as such if this is not a hypothetical thing.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    I know that if you need to make a complaint about your barrister you can contact the Bar Council:

    Donal O'Kelly, Secretary
    Barristers' Professional Conduct Tribunal
    PO Box 4460
    158-159 Church Street
    Dublin 7
    (01)8175011


  • Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    thanks all, it was just for my own interest.


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