criminal damages

toonroyal

if one was to be summoned to court over criminal damages with a clean record and not a penny to his/her name what exactly is he/she looking at as a sentence? ok this person was seen on top of another persons car and the car owner pressed charges, now he/she was only seen on the car and he/she checked that the car wasnt damaged when he/she climbed off. does this person have a case to plead not guilty?

Princess Zelda

If you read the act, it states that criminal damage isn't just actually causing damage to the car, but being reckless as to whether the property would be damaged. I'd say standing on a car would fall under this. Best advice here would be to get a solicitor in relation to the court case. The legal aid scheme is in place for people of low income

toonroyal

ok and what are the chances of me getting legal aid?

Princess Zelda

I am not on computer, so can't link, but here's a guide to who qualifies - http://www.citizensinformation.ie/categories/justice/legal-aid-and-advice/criminal-legal-aid

Plebs

toonroyal wrote: »

if one was to be summoned to court over criminal damages with a clean record and not a penny to his/her name what exactly is he/she looking at as a sentence? ok this person was seen on top of another persons car and the car owner pressed charges, now he/she was only seen on the car and he/she checked that the car wasnt damaged when he/she climbed off. does this person have a case to plead not guilty?

Yeah right. Pay up. Either that or face being dragged through the courts.

I put my foot through a neighbours roof a good few years ago and paid €650 to get it fixed the next day. I wouldn't risk falling out with someone (not to mention tarnishing my own reputation) by delaying or refusing to pay up. I was able to get my friend (a professional builder) to do the work for me and he gave me a 25% discount on the work.

toonroyal

ok. well this person admitted to being on the car and wrote it in his/her statement. but he/she also said that he/she checked the car and there was no damage done. but it transpires that there was a big quote for some damage done. so this person is being wrongfully accused of the damages to the car. there were other parties involved. this person also has a witness that will say the same. how would it hold up in court? and what is the sentencing if this person gets charged, baring in mind a clean record + good rep

Plebs

toonroyal wrote: »

ok. well this person admitted to being on the car and wrote it in his/her statement. but he/she also said that he/she checked the car and there was no damage done. but it transpires that there was a big quote for some damage done. so this person is being wrongfully accused of the damages to the car. there were other parties involved. this person also has a witness that will say the same. how would it hold up in court? and what is the sentencing if this person gets charged, baring in mind a clean record + good rep

Anything from 6 weeks to 6 months I'd say.

toonroyal

ive gotten alot of opinions and your the first to say jail time, so i cant see it happening especialy when the jails are over crowded

Plebs

toonroyal wrote: »

ive gotten alot of opinions and your the first to say jail time, so i cant see it happening especialy when the jails are over crowded

I'm only pulling your leg.

MagicSean

For a criminal damage charge there must be some damage done. The reckless part only refers to the motive of the crime. If you were dancing on someones car I'd hazard a guess you were drunk too. Can you be certain no damage was done? A person with no previous convictions who pleads guilty might get off with no more than probation. It really depends on how good your solicitor is.

monkeypants

Why were you on top of the car?

toonroyal

your right about the, well i was sobering up. i am sure because i rubbed my hand across the roof of the car and there was nothing wrong with it. it was the most stupid thing i have ever done in my life and there hasnt been a day that i havent regretted it.

FreudianSlippers

toonroyal wrote: »

your right about the, well i was sobering up. i am sure because i rubbed my hand across the roof of the car and there was nothing wrong with it. it was the most stupid thing i have ever done in my life and there hasnt been a day that i havent regretted it.

See a solicitor and read up about legal aid on the previous link. This is basically you asking for legal advice and that isn't done here.

questioner

damage will most likely not be visible until the morning. you may have damaged the pillars of the car, you almost certainly damaged the roof. sheet metal such as that used in bonnets boots and roofs of cars is not designed to support point loads. just hope that you didnt damage the pillars of the car

I have heard of similar situations involving drunk students who pleaded to the charge, had compensation in court or arrangements in place and got s.101 of probation act.


look at it this way, if i twas your car and some drunkard danced on it would you take his word that he didnt damage it? i wouldnt, and im a fairly reasonable guy.

if i were you id stop regretting it and start paying for it. if you have the wherewithal to fund drinking to the extent that you dance on vehicles then you should get your act together and start looking for cash.

not knowing anything about the car or the owner but taking into account the grief to the owner, damage to the car and the possibility of the individual not being apprehended in the first place( thereby leaving the innocent owner to foot the bill) i wouldnt complain about handing over anything less than a thousand euro.

which is small potatoes compared to what a criminal record will cost you in later life.