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Information on the district court PLEASE

  • 23-06-2010 7:51pm
    #1
    COM_90
    Closed Accounts Posts: 7 ✭


    A friend of mine was given a court date by the guards after a night in town. They gave him the court date there and then in the station on the night in question (its for a very minor offence). Anyway the date is coming up and he doesn't have a clue what to expect, he just has a piece of paper the guards gave him on the night saying be in court on the date.

    So two questions:

    Do people get barristers for this kind of thing?

    And how does a case like this go down ?

    any info much appreciated.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I presume it s a public order charge. He should have his charge sheet and his bail bond. He goes to court and waits for his name to be called. When it is the judge asks him if he pleads guilty or not guilty. If he pleads guilty the judge gets the facts from the garda and passes sentance. If he pleads not guilty it will probably be put to another date for hearing. Your friend can consult a solicitor if he wishes. His solicitor can apply to the court for legal aid if needed.


  • #3
    Mary Hairy
    Closed Accounts Posts: 128 ✭✭Mary Hairy


    There will be no legal aid on a minor public order charge, unless there are a multiplicity of previous convictions, or there has been a bench warrant issued. bets thing to do is go to sittings of the local District Court in advance of the date and find out what goes on. Find out who the legal aid solicitors are. They may not charge much for a private client. I have seen some do it for free.
    Bets thing to do is go to the prosecuting guard in advcance of the date and apologise.


  • #4
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    A solicitor and barrister for a minor offence in the District Court will set you back at least €500. The advantage of getting representation is that you are more likely to escape the charge (if pleading not guilty), or getting a lower sentence (if pleading guilty). Legal representation may also be able to advise you how to plead. Your friend might head in on his own and plead guilty where there is a legal point that could get the whole thing struck out. Also, there are some judges who take into account the fact that someone has already paid money for representation when determining the level of the fine/donation/compensation.

    On the other side of things, there might be nothing that legal representation can do. It could be a clear cut charge, and if it's a first offence the most likely outcome is the application of the Probation Act (no conviction recorded) and a fine or charitable donation. Your friend could therefore end up paying money for the crime and fees to representation. It's a tough call when you feel it's something you could easily handle yourself, but if money isn't an issue I would recommend going to a solicitor.


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