Being charged [with] assault

skinny90

Hi I'm looking for advice for a friend.we where out there a few weeks ago ended up being quite a messy night,anyways to cut the story short I left the takeaway to get a taxi as he was still gorging into his taco fries ,the next thing I know he was pinned on the ground and a few mins later he was a arrested,apparently he pissed off one the staff and then it kicked off...,all was grand in the station nd a few hours later he was out ,he had never been in trouble before so they gave him a caution.two days later the guards asked him to come in to the station and told him that the guy is pressing charges,supposedly when he was being pinned he had bitten someone in the leg...
Now to say he is worried would be an understatement we have been friends/neighbours since I was about 6 so basically I know the person inside out and believe me when I say it hes a decent person and never starts fights. He wants to make things right with the person he injured but contacting the man seems to make more annoyed
Regarding a solicitor he can't afford One he's working weekends and in university during the week,his parents aren't well off,his dad had a heart attack about 5 years ago and hes putting himself through college.
Appoligies for the long post but I'm actually worried about him,final exams are n the next few weeks and all he's thinking is why bother if he gets charged,the last couple days even he seems to be very down and dark and he has sort of hinted about just giving up on life and so I'm here looking for advice about how could he settle without going to court...
Regards

Zambia

Anyway he needs a solicitor he may not be able to afford one but I am sure he may be able to get Legal aid.

Nobody can give you legal advice here but I dont think the mods would mind if anyone pointed you to a thread where "how to apply for free legal aid" was discussed.

In relation to your friend being in a Dark place for looking for ways to help him the PI forum is a good place to start.

In the end we all have to take responsibility for our actions.

fasttalkerchat

I would say that once the guards were happy to say no more about it that the allegations won't come to much. If he is summonsed to court make sure that he goes and make sure gets himself a solicitor. If he doesn't get legal aid his university may be able to grant a hardship grant/loan. Also he should call into the takeaway and apologise and ask them if they know what happened because he is being accused of assault.

skinny90

This is it.. he wants to make it right,from the start he said to the gaurds even though he doesn't remember the take away, he accepts full responsibility and he said hell top up his loan if he has to.
ya I was gonna go to PI but didn't wanna start two threads

skinny90

fasttalkerchat wrote: »

I would say that once the guards were happy to say no more about it that the allegations won't come to much. If he is summonsed to court make sure that he goes and make sure gets himself a solicitor. If he doesn't get legal aid his university may be able to grant a hardship grant/loan. Also he should call into the takeaway and apologise and ask them if they know what happened because he is being accused of assault.

The incident happend with a member of staff and him,he went in the next day to see if the guy was alright and he was told by the manager to leave and not to come back

fasttalkerchat

skinny90 wrote: »

The incident happend with a member of staff and him,he went in the next day to see if the guy was alright and he was told by the manager to leave and not to come back

Okay I didn't get that it was a member of staff. If he was told not to come back then he can forget about it for now. If he gave the guards a good account of what happened then he can leave it at that.

Unless he said anything racist etc. to provoke the guy then him being pinned to the ground was IMO reason enough to bite the person attacking him.

MagicSean

He can still get off with an adult caution as it was the same incident and assault is also covered under the scheme. He should ask the garda about this or even try to speak to an inspector or super to plead his case. Although the fact that he bit someone will count against him because it's quite vicious. Isn't there someone in the students union he can go to for legal help?

castie

Staff from a takeaway can pin you to the ground these days?

What exactly happened to warrant this?
If the assault charge is for the biting then Im assuming it wasnt a physical attack that resulted in him needing to be restrained.

I smell excessive force used by a member of the public!

Procrastastudy

I know you were not there - but do you have anymore details on what happened? It seems odd that the staff would choose to pin him to the ground. Normally if you're acting like an idiot it's much easier to give you a shove out the door.

The reaction to him turning up to the place is also an odd one. Normally people look for an apology. On that note I wouldn't go back up there as it could be seen as him trying to intimidate.

Was there racist comments made? Did he try and vault the counter or something? If he was just drunk and annoying - pinning him to the floor seems an over reaction.

Get a solicitor - which he should have done from the begining - and get them to advise. The longer you leave it and pick at it the worse it's going to be. To the point of completely screwing up his life down the line if it gets really bad. A few quid now, which will propably be paid by legal aid, will be well worth it in comparrison to the future cost if you don't.

I'd also suggest he gets some help ref his alcohol consumption. If you get to the point of assulting people in takeaways you have a problem. I know we've all got absolutely loaded before - but he is going to need to explain himself to a judge.

skinny90

Hi,
Just getting back now I think hes finished his exams around 15th-20th of may,would you advise getting a solicitor afterwards or asap if it was me,id wait until afterwards just so he could focus on exams.
Regarding the incident he has absolutly no idea, I went out and came back and he was on the ground,he more than likly said something. Thanks very much for the feedback, he doesnt use boards but il forward on suggestions

Procrastastudy

Get the solicitor onto it now! He's already left it too late in talking to the guards before talking to a solicior.

Litterally he'll go find one in the next 14 minutes before office hours are over if he has any sense.

skinny90

how much would you be talking per hour?

Procrastastudy

Ask them about getting legal aid and whether they will wait on fees. If your mate if convicted of assult there will be many career paths closed to him forever. Cost at this point is a very small point.

Ring a few and get some quotes. I *THINK* you're looking at around E150-200 per hour.

MagicSean

GCDLawstudent wrote: »

Ask them about getting legal aid and whether they will wait on fees. If your mate if convicted of assult there will be many career paths closed to him forever. Cost at this point is a very small point.

Ring a few and get some quotes. I *THINK* you're looking at around E150-200 per hour.

He won't get legal aid if he is accepted for a caution though. he won't get the chance to apply for it.

Procrastastudy

Its not clear from the OP - I'm really begining to think paragraphs have died - but I *THINK* he got the caution for being drunk and disorderly and the assult charge has come subsequently.

That fact that he's accepted the caution without speaking to a solicitor may cause him problems if I'm right. If I'm wrong he may as well leave it alone.