Arrested but no charge - options

whatamiat

Long story short I got arrested for 'stealing drinks' in a nightclub. Bouncers took me to the ground, nearly choked me out and damaged my rotator cuff. They called the guards and I was cuffed and brought to the station. Guards said the bouncers said I was 'stealing drinks', I know on my way out of the club I downed a half full, unattended vodka redbull at the end of the bar, so I suppose 'stealing A drink' would have been more appropriate, anyway I was pretty sure whoever owned the drink had left the club.

The guards said they were not charging me and if I wanted to do something about what happened to get in contact with them. Im pretty sure the reaction from the bouncers was intended to do harm and they were just waiting for me to do something wrong. One of them said in my ear 'your not so hard now' when I was gasping for breath on the ground. I dont remember acting 'hard' but I am a pretty big lad so maybe just my presence had something to do with it.

My main issue is not with the bouncers hurting me its with the fact that I now have an arrest record because some bouncers took a disliking to me. My injurys will heal but that record stays for life. What are my options here, baring in mind that I dont have an interest in the hassle of pressing charges over healable injuries? Is there a way to get the arrest revoked?

BostonB

You should get medical advice on the shoulder in case it causes problems in the future.

leonidas83

whatamiat wrote: »

Long story short I got arrested for 'stealing drinks' in a nightclub. Bouncers took me to the ground, nearly choked me out and damaged my rotator cuff. They called the guards and I was cuffed and brought to the station. Guards said the bouncers said I was 'stealing drinks', I know on my way out of the club I downed a half full, unattended vodka redbull at the end of the bar, so I suppose 'stealing A drink' would have been more appropriate, anyway I was pretty sure whoever owned the drink had left the club.

The guards said they were not charging me and if I wanted to do something about what happened to get in contact with them. Im pretty sure the reaction from the bouncers was intended to do harm and they were just waiting for me to do something wrong. One of them said in my ear 'your not so hard now' when I was gasping for breath on the ground. I dont remember acting 'hard' but I am a pretty big lad so maybe just my presence had something to do with it.

My main issue is not with the bouncers hurting me its with the fact that I now have an arrest record because some bouncers took a disliking to me. My injurys will heal but that record stays for life. What are my options here, baring in mind that I dont have an interest in the hassle of pressing charges over healable injuries? Is there a way to get the arrest revoked?

Not good enough, have had this thing happen to me one too many times and its good to see bouncers finally taking it seriously, you could do with a shot of cop the fu*k on

whatamiat

BostonB wrote: »

You should get medical advice on the shoulder in case it causes problems in the future.

I will do, although its already improved greatly so I do not think any serious damage has been done.

Any input on the legal aspect of this?

Itsdacraic

whatamiat wrote: »

Long story short I got arrested for 'stealing drinks' in a nightclub. Bouncers took me to the ground, nearly choked me out and damaged my rotator cuff. They called the guards and I was cuffed and brought to the station. Guards said the bouncers said I was 'stealing drinks', I know on my way out of the club I downed a half full, unattended vodka redbull at the end of the bar, so I suppose 'stealing A drink' would have been more appropriate, anyway I was pretty sure whoever owned the drink had left the club.

The guards said they were not charging me and if I wanted to do something about what happened to get in contact with them. Im pretty sure the reaction from the bouncers was intended to do harm and they were just waiting for me to do something wrong. One of them said in my ear 'your not so hard now' when I was gasping for breath on the ground. I dont remember acting 'hard' but I am a pretty big lad so maybe just my presence had something to do with it.

My main issue is not with the bouncers hurting me its with the fact that I now have an arrest record because some bouncers took a disliking to me. My injurys will heal but that record stays for life. What are my options here, baring in mind that I dont have an interest in the hassle of pressing charges over healable injuries? Is there a way to get the arrest revoked?

You have an arrest record because you stole somebody elses drink.

ResearchWill

whatamiat wrote: »

BostonB wrote: »

You should get medical advice on the shoulder in case it causes problems in the future.

I will do, although its already improved greatly so I do not think any serious damage has been done.

Any input on the legal aspect of this?

Go to a doctor, if you wish to take the matter further you will need proof of injury. Then go to a solicitor he will advise you if you have any case for trespass to the person and or personal injury and or false arrest or in fact any other action.

Zambia

You can not wipe an arrest. Unless of course you have a really really really really fast Delorian . . . you should ask how Will it affect you?

BostonB

Itsdacraic wrote: »

You have an arrest record because you stole somebody elses drink.

Do they not have to prove who drink he stole? Otherwise how do they know its been stolen?

meathstevie

The only thing recorded is that you have been arrrested at some stage which is irrelevant when it comes to someones criminal record.

An arrest is mainly a tool in the Garda/Police tool box. It's purpose is to lawfully take away a person's freedom for a limited amount of time so evidence can be protected, persons ( including yourself ) can be protected and property can be protected.

Take the example of multiple arrests after or during a drunken punch up at a nightclub.

Arrest can be justified for the following reasons; to protect the involved parties and innocent bystanders from ( further ) injury, to protect the club owners from ( further ) damage to their property, to keep the involved parties in custody to sober up so they can be interviewed some time later when the drink stops talking and the brain ( allegedly ) is working a bit more normal which makes the obtained evidence admissable in court.

BostonB

Is this the difference between being arrested vs charged?

overshoot

BostonB wrote: »

Do they not have to prove who drink he stole? Otherwise how do they know its been stolen?

I know on my way out of the club I downed a half full, unattended vodka redbull at the end of the bar, so I suppose 'stealing A drink'

for one he admits it, any bar that needs bouncers will have cameras so it will be on tape too if the drink was on the bar.
i cant see how you can challenge the arrest, however the bouncer's reaction may be another thing. the bouncer if trained should know the required force so as not to cause injury (at least if the person goes quietly), so as boston b said get medical advice on the shoulder.
however as you were in the wrong, push the bouncer issue and they could go back and look for something to be done on the stealing and it gets worse than an arrest

M00lers

Zambia wrote: »

You can not wipe an arrest. Unless of course you have a really really really really fast Delorian . . . you should ask how Will it affect you?

Doesn't need to be that fast, 88MPH should be about right!!!:D

whatamiat

BostonB wrote: »

Do they not have to prove who drink he stole? Otherwise how do they know its been stolen?

Im guessing if I was to be charged they would have to prove it.

meathstevie wrote: »

The only thing recorded is that you have been arrrested at some stage which is irrelevant when it comes to someones criminal record.

Zambia wrote: »

You can not wipe an arrest. Unless of course you have a really really really really fast Delorian . . . you should ask how Will it affect you?

What about on visa forms or other forms where it asks 'Have you ever been arrested?'

I presume the bouncers had to give the guards a statement, and as they said I was 'Stealing drinks' they have lied, it was a single drink. Although again Im guessing this would only matter if I was being charged.

Getting a lot of stick for taking this drink, I don’t steal drinks, I honestly thought the owner had left the club, It was half full left at the far end of the bar table (near the exit). If I thought the owner hadnt discarded it I wouldn’t have finished it.
Some of ye are going on like Im a serial drink robber and has finally been reprimanded, this was a calculated move by the bouncers to f**k me over.

BostonB

Its a dumb (and uurrrggghh) thing to do. Who knows what people dump in a drink they leave behind just out of badness. Not that its wholly plausible that you only take discarded drinks.

But if they'd thrown you out of the club for breaking the clubs rules thats one thing. But in order to steal something doesn't someone else have to prove ownership of it. The club doesn't own it. They sold it.

CharlieCroker

You've been neither charged or convicted of any offence. What you did was stupid but drink makes people do stupid things!!! Was anything said to you regarding public order offences or the like or that you may be summonsed for an offence?

Cianos

whatamiat wrote: »

Im guessing if I was to be charged they would have to prove it.





What about on visa forms or other forms where it asks 'Have you ever been arrested?'

I presume the bouncers had to give the guards a statement, and as they said I was 'Stealing drinks' they have lied, it was a single drink. Although again Im guessing this would only matter if I was being charged.

Getting a lot of stick for taking this drink, I don’t steal drinks, I honestly thought the owner had left the club, It was half full left at the far end of the bar table (near the exit). If I thought the owner hadnt discarded it I wouldn’t have finished it.
Some of ye are going on like Im a serial drink robber and has finally been reprimanded, this was a calculated move by the bouncers to f**k me over.

Keep telling yourself that if it makes you feel better. I don't see anything conniving or calculated for coming down on someone for stealing other peoples drink.

If you were drunk enough to be taking stranger's drinks off the bar then you were likely causing annoyance and had been watched by the bouncers. They're job is to look after the punters, one of which you just stole from (whether the person had actually left or not is irrelevant, from the bouncers perspective it could have been anyone elses drink at the bar).

If the bouncers watched someone steal your drink, you'd probably be on complaining about them not doing their job.

MagicSean

If you're not interested in taking action over your injury then you have no real options here. You can't erase the past.

whatamiat

Cianos wrote: »

Keep telling yourself that if it makes you feel better. I don't see anything conniving or calculated for coming down on someone for stealing other peoples drink.

God forbid you do something intended with no malice in a club, but technically wrong and the bouncers go to town on you, choke you out, damage your shoulder and get you arrested. Something like accidentally elbowing a girl when dancing, the bouncers take that as assault and do the exact same thing as they did with me. Then tell the guards you were assaulting ‘people’.

Cianos wrote: »

If you were drunk enough to be taking stranger's drinks off the bar then you were likely causing annoyance and had been watched by the bouncers. They're job is to look after the punters, one of which you just stole from (whether the person had actually left or not is irrelevant, from the bouncers perspective it could have been anyone elses drink at the bar).

Including my own, I hardly think he was keeping tabs of the leftover drink at the bar all night.

Cianos wrote: »

If the bouncers watched someone steal your drink, you'd probably be on complaining about them not doing their job.

No.

CharlieCroker wrote: »

Was anything said to you regarding public order offences or the like or that you may be summonsed for an offence?

Not at all, quite the opposite actualy. The main guard asked me to come into him sunday if I wanted to do something about what happened.

I got the feeling they felt the manner in which I was held down when they arrived was akin to 'he assualted several women' not 'stole a drink/drinks'.

charlies_boots

Asides from the moral judgment about whether you were right or wrong, your concern seems to be that there will be a mark against your name for being arrested.

The only place the arrest will be recorded will be on the Garda pulse system. You don't have a criminal record as you haven't been charged, likewise you don't have a criminal record.

As far as I know the most forms will ever delve into your record are Australian visa forms asking if you have any previous convictions or if you have ever had the benefit of the probation act (s1.1 leaves you without a convictions) but again this doesn't apply to you.

The only time I can ever see this being an issue is if you are arrested for something again and the Gardaí are minded to give you the benefit of the Adult Caution Scheme rather than charge you. The fact you have been arrested previously may sway them to charge you rather than caution you but to be honest I doubt it will have any impact.

kingcharles82

this may have been a public order arrest rather than a theft arrest, if so then you may be summonosed for an offence at a later date, if it is a theft arrest there was unlikely a statement of complaint from the owner of the drink meaning the gardai would release you without charge and that is the end of the matter, without a statement of complaint the gardai will have no issue with you and will not pursue it any further!with regards the bouncers being heavy handed this is a constant complaint from people being escorted from any premises, you said your a big guy and after a few drinks i presume you didnt leave without a bit of a struggle especially after a few stolen vodka and red bulls, if i was you my friend i would forget what happend and be happy enough a stupid night out didnt land you in court ending up with a conviction or fine, dont be worring about visas and travelling, it sound like the matter is closed and you will have no problems

Sid_Justice

It sounds to me you were acting the bollox, the bouncers took a disliking, they detained you. The Gardaí were called, they realised there wasn't much to the case. Gave you bit of a fright/warning and were released without charge. Did they issue you with an official caution?

I don't think this had many repercussions down the line for this, like I don't think your chances to travel / get a job will be affected by this event. It isn't really a big deal (presuming you haven't actually be charged, you are not attending court etc.).

would that be the measure of it?

Speak Now

whatamiat wrote: »

I presume the bouncers had to give the guards a statement, and as they said I was 'Stealing drinks' they have lied, it was a single drink. Although again Im guessing this would only matter if I was being charged.

Vodka and redbull

Zambia

whatamiat wrote: »

What about on visa forms or other forms where it asks 'Have you ever been arrested?'

Well the answer to that is yes you have been arrested.

The question is not "Is there a record of you being arrested?"

The fact is you where. Sorry mate what I presume is bugging you is who gets to see that record. That is something you just wont ever know for sure.

ap1986

whatamiat wrote: »

Long story short I got arrested for 'stealing drinks' in a nightclub. Bouncers took me to the ground, nearly choked me out and damaged my rotator cuff. They called the guards and I was cuffed and brought to the station. Guards said the bouncers said I was 'stealing drinks', I know on my way out of the club I downed a half full, unattended vodka redbull at the end of the bar, so I suppose 'stealing A drink' would have been more appropriate, anyway I was pretty sure whoever owned the drink had left the club.

The guards said they were not charging me and if I wanted to do something about what happened to get in contact with them. Im pretty sure the reaction from the bouncers was intended to do harm and they were just waiting for me to do something wrong. One of them said in my ear 'your not so hard now' when I was gasping for breath on the ground. I dont remember acting 'hard' but I am a pretty big lad so maybe just my presence had something to do with it.

My main issue is not with the bouncers hurting me its with the fact that I now have an arrest record because some bouncers took a disliking to me. My injurys will heal but that record stays for life. What are my options here, baring in mind that I dont have an interest in the hassle of pressing charges over healable injuries? Is there a way to get the arrest revoked?

serves ya right ya pirck!!

Cianos

whatamiat wrote: »

God forbid you do something intended with no malice in a club, but technically wrong and the bouncers go to town on you, choke you out, damage your shoulder and get you arrested. Something like accidentally elbowing a girl when dancing, the bouncers take that as assault and do the exact same thing as they did with me. Then tell the guards you were assaulting ‘people’.

I'm not making excuses for the use of force the bouncers reportedly used, but that's another issue. Some bouncers are power tripping assholes and use their position to get a bit of cheap thuggery in. However, they were correct to intervene (disregarding force used) when they saw you stealing. Claiming that it was all a calculated move to "fck you over" is a bit much especially when you yourself are admitting to stealing drink.

Including my own, I hardly think he was keeping tabs of the leftover drink at the bar all night.

Since you were being watched he could correctly assert that it wasn't your drink though - meaning you were stealing it from someone else.