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Prison Time for fine = Criminal Record???

  • 06-06-2012 3:02pm
    #1
    Registered Users, Registered Users 2 Posts: 2


    Hi, a friend of mine has asked me what would happen if she went to jail (Mountjoy) for non payment of a fine? Would she get a record, Criminal or otherwise?

    She was given a fine for undertaking another car. She didn't pay the fine and didn't attend the court date, she had moved and didn't receive her summons so didn't have the details. Now i know she should have paid the fine, also that she should have gone to court, but she's now in the situation that she has a warrant out for her for a €250 fine or 1 day in Jail in lieu. She simply doesn't have the money and if she goes in to Mountjoy for the day (or as she was told, an hour or two) will she be left with a record that would come back to haunt her?

    She's quite stressed over it and paranoid if she goes out of the house she'll be arrested immediately! Highly unlikely i know but she's quite stressed. Any help or info is appreciated!
    Tagged:


Comments

  • Registered Users, Registered Users 2 Posts: 254 ✭✭theAwakening


    your friend was already convicted in her absence. if payment wasn't made in the time specified by the judge, a penal warrant issues, granting gardai a power of arrest. a warrants-garda will be in touch with her to organise payment of the fine, or alternatively, lodgment in dochas centre, mountjoy.


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


    She already has a conviction. And I wouldn't be too sure of her getting out in an hour or two. I don't think the womens prison is as full as the mens one.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Someone in government needs to come up with a better solution; why should the state incur further costs in chasing these down and incarcerating people at significant further cost. Most people will have income (even social welfare payments) which can be attached, assets which can be seized (whose car was she driving) rather than incurring further costs in chasing them down. Open it up to bailiffs who recover costs as well as the fine.


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


    I doubt if the warrant is for only one day in jail because on that basis they wouldn't be able to keep her overnight so it would literally be a day trip i.e. in and out in the same day. In order to keep her overnight it would need to be a warrant for at least two days because part of a day is the same as a whole day when it comes to jail time.

    Say the local warrants Garda drops her to Mountjoy at 11 a.m. on Tuesday with a warrant for one day. That 'one day' only covers Tuesday so they would have to release her before midnight that evening which in practice means they'd let her go some time that afternoon.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    coylemj wrote: »
    I doubt if the warrant is for only one day in jail because on that basis they wouldn't be able to keep her overnight so it would literally be a day trip i.e. in and out in the same day. In order to keep her overnight it would need to be a warrant for at least two days because part of a day is the same as a whole day when it comes to jail time.

    Say the local warrants Garda drops her to Mountjoy at 11 a.m. on Tuesday with a warrant for one day. That 'one day' only covers Tuesday so they would have to release her before midnight that evening which in practice means they'd let her go some time that afternoon.
    With the bus fare to go home too.


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