Due in Court- court process

jimaneejeebus

Hey I'm due in district court next week for a section 4 drunk in a public place.

What is the court process for pleading guilty?.... Not-guilty?

I would like to plead not-guilty because I wasn't drunk and I also wasn't disorderly, but I also want to let this go.

Daithi207838

jimaneejeebus wrote: »

Hey I'm due in district court next week for a section 4 drunk in a public place.

What is the court process for pleading guilty?.... Not-guilty?

I would like to plead not-guilty because I wasn't drunk and I also wasn't disorderly, but I also want to let this go.

When in Court wait for your case to be called by name. You will then be given the option to plea or set a date for a hearing. A hearing is set when you are pleading not guilty to the case alleged, you may seek out a solicitor or one can be appointed to you. You may apply for free legal aid depending on your means.

jimaneejeebus

Daithi207838 wrote: »

When in Court wait for your case to be called by name. You will then be given the option to plea or set a date for a hearing. A hearing is set when you are pleading not guilty to the case alleged, you may seek out a solicitor or one can be appointed to you. You may apply for free legal aid depending on your means.

If I I plead guilty will it be done with there and then? What kind of fine should I expect?
Will i have a criminal record? ....Oh yeah is there a chance that i plead not-guilty he might strike it out cos it's such a small offence?

nuac

Talk to a solicitor in that particular court.

I doubt if you would get legal aid for the offence described,

NoQuarter

jimaneejeebus wrote: »

If I I plead guilty will it be done with there and then? What kind of fine should I expect?
Will i have a criminal record? ....Oh yeah is there a chance that i plead not-guilty he might strike it out cos it's such a small offence?

Plead guilty and the guard will tell the judge what happened and you will be sentenced there and then.

you may end up with a criminal record (a fine is a conviction) depending on what happens. This is why you should seek legal advice.

There is not a chance it will be struck out just because you plead not guilty.

jimaneejeebus

nuac wrote: »

I doubt if you would get legal aid for the offence described,

Thanks nuac, so if I'm not entitled to legal aid, does that mean I'll have to represent myself? Or does that mean the judge deems it so paltry that he won't even warrant it going to a hearing and hence my case will be struck out?

Jo King

jimaneejeebus wrote: »

Thanks nuac, so if I'm not entitled to legal aid, does that mean I'll have to represent myself? Or does that mean the judge deems it so paltry that he won't even warrant it going to a hearing and hence my case will be struck out?

It is not going to be deemed paltry. It all depends on the judge. Some will do the poor box if there is an apology. Some will convict and fine.

jimaneejeebus

Jo King wrote: »

It is not going to be deemed paltry. It all depends on the judge. Some will do the poor box if there is an apology. Some will convict and fine.

So it's conviction fine and/or poor box if I plead guilty versus no legal representation if I plead not guilty? Bit of a hobsons choice there.

Jo King

jimaneejeebus wrote: »

So it's conviction fine and/or poor box if I plead guilty versus no legal representation if I plead not guilty? Bit of a hobsons choice there.

There won't be a fine and poor box. It will be one or the other. DJs vary enormously in their attitude so without knowing which judge you will be before there is no predictability. It is very difficult to get out of a Section 4 charge. Some judges are anti drink and believe everything the guards say. Others just view it as trivial and say put €50 in the poor box and get the hell out of here.
There are general factors which help tilt the balance one way or the other.
Demeanour. An early apology to the guard with a show of remorse and embarrassment in court.
An innocent explanation (drank a short for the first time, etc) along with a story of not having had a drink since and going to counselling.
An otherwise respectable and blameless life.

These tend to help.
What does not help is turning up looking like you slept in a ditch and then saying the guards are liars.

jimaneejeebus

NoQuarter wrote: »

Plead guilty and the guard will tell the judge what happened and you will be sentenced there and then.

Thanks noquarter
Are u sure about this? I just want to get this over with

Our man in Havana

Yes. Plead guilty and the matter is disposed of there and then.

MagicSean

If you get a solicitor he could probably arrange for the matter to be dealt with by way of adult caution or fixed charge penalty and have to proceedings struck out. Assuming you have never been in trouble before.

wexford awake

I Have been in court twice with that offence. The second offence I was not drunk. I discussed it with my solicitor and he pretty much ignored me. A gards word will always be taken, especially over a person who had alcohol consumed. I know it's a balls, but you would be better of just going in pleading guilty. You can't get jail for a section 4 anyway. It depends on the judge, some convict and fine, others apply the probation act (no conviction) and possibly a bigger fine. The judge I was in front of gave me the probation act and a 250 euro fine.. But it would be risky contesting it, you would probably need a load of witnesses to back up your version of events, and even a that your solicitor mightn't even entertain your idea. But you can't get jail for a section 4, but he might give you a bigger fine. Good luck with it. It is always very nerve wrecking when it's your first appearance.