Using a Solicitor Question?

arch_survey

To stress I am not looking for legal advice.

I was involved in an altercation a couple of weekends ago – happened in a pub, I was hit after some confrontation, which could be stated I started (guy came into my personal space & I put my hands to move him out of it – it wasn’t a full on push, just hands on him & told him that he was in my personal space – he struck me, broke my nose & moved out of the picture). His mates began hassling me, reckoning I was making a bigger deal out of it & I threw the leftover of my drink over one of them to get them out of my face!

Gardai were called on my request – statements were taken.

There is CCTV footage which the barstaff have seen & have told me that what happened is exactly as I said happened.

Couple of days after Garda who took statement rang me – told me that criminal charges could be brought against me, for the damage of property (clothing)! As I threw a drink over one of his mates – so it’s a case of if I drop my case, his mate will drop his!

If I go to a solicitor – is it a case that he/she will be able to view statements & see CCTV, then tell me if it is worth pursuing or not? My worry here is I don’t want to get a criminal record for throwing a drink over someone. Or is it a case that before a solicitor can advise me & see relevant information I must formally press charges of being assaulted?

Just to add never been in trouble in my life – the only brush with the law is two penalty points.

sparkling sea

arch_survey wrote: »

To stress I am not looking for legal advice.

I was involved in an altercation a couple of weekends ago – happened in a pub, I was hit after some confrontation, which could be stated I started (guy came into my personal space & I put my hands to move him out of it – it wasn’t a full on push, just hands on him & told him that he was in my personal space – he struck me, broke my nose & moved out of the picture). His mates began hassling me, reckoning I was making a bigger deal out of it & I threw the leftover of my drink over one of them to get them out of my face!

Gardai were called on my request – statements were taken.

There is CCTV footage which the barstaff have seen & have told me that what happened is exactly as I said happened.

Couple of days after Garda who took statement rang me – told me that criminal charges could be brought against me, for the damage of property (clothing)! As I threw a drink over one of his mates – so it’s a case of if I drop my case, his mate will drop his!

If I go to a solicitor – is it a case that he/she will be able to view statements & see CCTV, then tell me if it is worth pursuing or not? My worry here is I don’t want to get a criminal record for throwing a drink over someone. Or is it a case that before a solicitor can advise me & see relevant information I must formally press charges of being assaulted?

Just to add never been in trouble in my life – the only brush with the law is two penalty points.

Are people are allowed to come into your space in a pub, yes but you can ask them to move - you can't put your hands on them though.

You could just have a chat with a solicitor as the guy seems to have used more than resonable force and a solicitor would probably be the best person to advise you

You could even have a quick look at the Non Fatal Offences Against the person act -
Art 2- 3 and even 4

nuac

Unless it is a v ery quet pub I doubt if there is any such concept as pub personal space

Corruptable

If I was in your case I'd probably leave it, and put it down to experience. From the sound of it, neither party was seriously harmed.

The damage to clothes sounds like horse manure to me. Although assault under sec. 2 of the Non-Fatal Offences Against the Person Act 1997 is a possibility but it's really a stretch of the imagination in this case, to be honest.

I'd imagine that a solicitor would be able to look for CCTV and any statements as part of discovery, but that might depend on the other party actually pressing charges.

arch_survey

Thanks for taking the time to reply.

Regarding personal space - this guy was in my face (side on if that makes sense - his shoulder to my chest), ok it was up to me to probably step away, I didn't but I did put my hands on him gently to let him know I was there & what he was doing.

@Corruptable - I'm not sure I'd fully agree with you about being seriously harmed, ok I didn't end up in a coma but on a night out I returned home with a broken nose.

Corruptable

arch_survey wrote: »

@Corruptable - I'm not sure I'd fully agree with you about being seriously harmed, ok I didn't end up in a coma but on a night out I returned home with a broken nose.

Sorry, I missed the broken nose part. Clearly that's a physical assault under sec. 2 of the Non-Fatal Offences Against the Person Act 1997.

I'm not a practitioner or a member of An Garda Siochana, though many of both groups frequent this forum, so I'm not in a position to even say how it would play out. I've heard similar incidents occurring and such "horse trading" occurring afterwards but I'm not sure what way it would ultimately go.

I would assume the allegation relating to the throwing of a drink on his mate would be treated much less seriously than the assault on yourself. But perhaps a practitioner or garda here could give his opinion (i.e.: not legal advice) on how it would play out.

If in doubt or if it develops, consult a solicitor immediately. It would be money well spent.