Summonsed for assault??

Dean.Tamkin

I have been summonsed to appear on assault charges .
At the time of the alleged assault i went to the garda barracks volunterily for an informal interview and they listened to what i had to say and wrote it down and off i went.
About a month later the garda phoned me and asked me to call in to him but i was busy and couldnt go , this happened again a month later when i was out of the country and the garda wasnt too happy about it. Maybe 3 wks after this the garda rang again and i was at home but not able to move outa the house due to back trouble and asked him could he not call to the house to me and he said no that he would have to see me in the station and if i didnt come in i would be in trouble , so i told him togo ahead and do what ever he had to do .
Last wk i got the summons to appear but i have never been arrested on any charges or read my rights , Can this happen??
I am unemployed , can i get legal aid.??
Am i entitled to ask the garda for copies of any statements or evidence that they will be using against me??

heffomike54

You can apply for legal aid when you go to court, as your out of work it should be granted.

The fact that you were not arrested doesn't mean anything, you were issued with a summons instead. You should really talk to a solicitor asap as they will review your case and give you the best advice. By the way, don't take any advice on this website as gospel either.

MagicSean

I presume it's a section 2 assault. There is no arrest for this crime. You get the opportunity to make a cautioned statement in reply to the allegation against you. The Garda seeks a direction for prosecution based on the evidence available. As you declined to make an official statement the only evidence was probably the injured party statement. That is most likely the reason you were summonsed. When you go to court you can request legal aid. Your solicitor can request a copy of all statements.

Reloc8

k_mac wrote: »

I presume it's a section 2 assault. There is no arrest for this crime. You get the opportunity to make a cautioned statement in reply to the allegation against you. The Garda seeks a direction for prosecution based on the evidence available. As you declined to make an official statement the only evidence was probably the injured party statement. That is most likely the reason you were summonsed. When you go to court you can request legal aid. Your solicitor can request a copy of all statements.

Actually it could easily be for an indictable assault.

You are never obliged to be arrested for any offence, its an option for some.

You are never obliged to be given a cautioned statement in reply to the allegation made against you. Frequently you are invited however to do so. Doing so sometimes makes things better and sometimes makes things worse.

I otherwise agree - engage a solicitor. They will advise on whether legal aid is likely to be granted. Whether you have a solicitor or not you are entitled to have disclosed the documentation relied upon by the prosecution.

MagicSean

Reloc8 wrote: »

Actually it could easily be for an indictable assault.

You are never obliged to be arrested for any offence, its an option for some.

You are never obliged to be given a cautioned statement in reply to the allegation made against you. Frequently you are invited however to do so. Doing so sometimes makes things better and sometimes makes things worse.

I otherwise agree - engage a solicitor. They will advise on whether legal aid is likely to be granted. Whether you have a solicitor or not you are entitled to have disclosed the documentation relied upon by the prosecution.

You would have to request this in court though. Not from the gardaí directly.