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Court Appearance

  • 19-11-2010 5:44pm
    #1
    Registered Users, Registered Users 2 Posts: 98 ✭✭


    Hi,

    I'm up in court in a few weeks on a Public Order charge. Basically was very drunk and acted stupidly.

    I am just wondering if anybody else has been in this situation. And also what can i expect to happen in court. Quite anxious about this!

    Cheers:)


Comments

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


    What section if the public order act? What usually happens is the defendant gets the option to plead guilty or not. If they plead guilty the Garda gives the facts and then the defendant or their solicitor give their circumstances to the judge and then the judge gives out the punishment.

    You should consider consulting a solicitor. As you haven't received an adult caution I presume you have been in trouble before. A solicitor will know how best to get any punishment mitigated.


  • Registered Users, Registered Users 2 Posts: 98 ✭✭suzycat


    Its the intoxicating liquor act and also theft offences act.

    Haven't got the money for a solicitor. I will apply for legal aid on the day itself.

    I'll be pleading guilty and hopefully the punishment won't be too severe!


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    It is most unlikely that you will get legal aid. What happens will depend on the local District Court judge. In any case, apologise, in advance of the hearing, to anyone who was insulted or inconvenienced including the prosecuting guard.
    If you are in Galway expect a conviction and a fine. In some areas, a guilty plea and an offer to make a donation to charity might get a strike out or Probation Act. Go to your local District Court sittings in advance of the hearing date and watch how Public Order Act offences are dealt with. That will help you prepare.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Jo King wrote: »
    In any case, apologise, in advance of the hearing, to anyone who was insulted or inconvenienced including the prosecuting guard.

    It is not a good idea to approach potential prosecution witnesses in the court or outside before the hearing. Even if you had a solicitor he/she would not do this, maybe talk to the Garda but do not go near civilian witnesses.

    No matter what you say or how you say it, it can rub some people up the wrong way, some could even feel intimidated by it and if they draw the judge's attention to it you could be in big trouble.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    Sounds to me like you stole something while under the influence.

    Best of luck with that.


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Jo King wrote: »
    It is most unlikely that you will get legal aid.

    I wouldn't agree with that. It's a theft allegation.

    Rather than trying to figure it out on her own, she should approach a legal aid solicitor in court and see what they say. If the judge is one who won't give legal aid on such an allegation then she can find this out from them. If they are someone who might, she can ask them to seek legal aid on her behalf.

    OP, while you say you can't afford a solicitor you might be able to afford one on the day. If you can get a few hundred quid together, I'd recommend that so that if you don't get legal aid you might be able to get a solicitor to represent you for a few quid and have a few quid more for compensation. If you walk into a solicitor's office and ask them to appear in court specifically for you it could cost maybe €1000, but if you approach one who is already in court and let them know your scenario, they might be prepared to do it for a few hundred. Even if you don't want to pay a solicitor, it is no harm to have some money on you if you do decide or are asked to pay compensation/charitable donation or alternatively for bail on appeal if you wish to appeal.


  • Registered Users, Registered Users 2 Posts: 155 ✭✭Rhamiel


    Apologise, plead guilty and promise it was stupid mistake and you wont be in trouble again. May be a good idea to bring a couple hundred for the court poor box. If your lucky you may get the probation act which basically gives one more chance! beats a fine and criminal conviction!!


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