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Public Order Offence?

  • 24-07-2012 7:28pm
    #1
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭


    I got three public order offences against me,I am truely shoock about this and cant belive its happening.

    What happened was I was out on a stag and at the end of the night,I ended up arguing with a guard as one of the people in my party was cut up by glass by another person and I was mad the main man wasnt arrested.
    He did instruct me to move on or I be arrested and he was right,I was pretty angry while I was talking to him.I got peppered sprayed and arrested then put in cell,let go shortly after and handed 3 charges and a summons.

    3 charges are
    Section 19 of the criminal Justice Act
    Section 6 of the criminal Justice Act
    Section 4 of the criminal Justice Act.

    I ve got a solicitor,she is getting the court date adorned,as she wants to get cctv and statements and figure it out from there.
    I apologised to the guard.

    I have never a conviction before and never in trouble with the guards.

    Anyone with any experience with this,freaking out now as if I get convicted I lose my job.
    Any one been through this?


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    It's doubtful you will get a conviction. Assuming you are honest and unless your solicitor is terrible you should be able to avail of an adult caution or at the most receive the probation act.


  • #3
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭the whole year inn


    thanks alot,sort of rests my mind a bit,it was just really a bad decision on my part and am full of shame.I wasnt actually fighting with the guard just arguing and was angry and wouldnt move when he told me :(



    Thanks again


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    What sort of job would fire you for public order convictions?


  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    johnnyskeleton wrote: »
    What sort of job would fire you for public order convictions?

    I would assume various security companies would take a dim view for a start.


  • #6
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    MagicSean wrote: »
    It's doubtful you will get a conviction. Assuming you are honest and unless your solicitor is terrible you should be able to avail of an adult caution or at the most receive the probation act.

    Quite the assumption! Being realistic, if he gets one of the judges that never apply the probation act then what? With 3 charges I would have thought a fine is a distinct possibility and therefore, a conviction.

    No previous is a plus but IMO, saying the Probation Act is a shoe in is a bit strong.


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    OP - Rely on nothing stated above re. Not getting a conviction.

    Seek professional legal advice.

    Tom


  • #8
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Tom Young wrote: »
    OP - Rely on nothing stated above re. Not getting a conviction.

    Seek professional legal advice.

    Tom

    Two replies to that...

    1. The OP has already stated that he has engaged a solicitor

    2. MagicSean is a member of AGS so has experience in the area and his advice is worth something to the OP in terms of setting out realistic expectations.


  • #9
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    There's a charter here for a reason.

    I'm not personalising/user associating my Mod remarks.

    Point 3. There are a lot of new District Court Judges;

    Point 4. We don't know the entirety of the evidence, factual basis for the charges;

    Point 5. There is a charter. Don't breach it.


  • #10
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    GCDLawstudent wrote: »
    johnnyskeleton wrote: »
    What sort of job would fire you for public order convictions?

    I would assume various security companies would take a dim view for a start.

    As in if you wanna work security you have to have a section 2 assault or upwards before they'll even consider you?


  • #11
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Okay got me there :D


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  • #12
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    GCDLawstudent wrote: »
    I would assume various security companies would take a dim view for a start.

    No. They don't mind. On the application forms - I have seen these - they have a big box for listing your convictions.


  • #13
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭the whole year inn


    Yea secuirty i work in,the solicitor said the judge in question is not a big fan of the probation act,so i guess thats why shes getting it adjourned.
    A no conviction is a must.


  • #14
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    the whole year inn wrote: »
    Yea secuirty i work in,the solicitor said the judge in question is not a big fan of the probation act,so i guess thats why shes getting it adjourned.
    A no conviction is a must.

    Then you can afford a good solicitor. Be prepared to pay out in terms of a fine.


  • #15
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭the whole year inn


    Tom Young wrote: »
    the whole year inn wrote: »
    Yea secuirty i work in,the solicitor said the judge in question is not a big fan of the probation act,so i guess thats why shes getting it adjourned.
    A no conviction is a must.

    Then you can afford a good solicitor. Be prepared to pay out in terms of a fine.
    Yea im prepared to pay, id be happy now with just the solictor fees and the fine.


  • #16
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    MagicSean wrote: »
    It's doubtful you will get a conviction. Assuming you are honest and unless your solicitor is terrible you should be able to avail of an adult caution or at the most receive the probation act.

    Have you ever dealt with Public Order charges in Galway District Court?


  • #17
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    the whole year inn wrote: »
    Yea im prepared to pay, id be happy now with just the solictor fees and the fine.

    OP a court fine is a conviction, be aware of that.


  • #18
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭the whole year inn


    NoQuarter wrote: »
    the whole year inn wrote: »
    Yea im prepared to pay, id be happy now with just the solictor fees and the fine.

    OP a court fine is a conviction, be aware of that.
    I thought there was a way to get a fine without the conviction.


  • #19
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I could be wrong but I think you are thinking of when they get you to make a donation.


  • #20
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭the whole year inn


    GCDLawstudent wrote: »
    I could be wrong but I think you are thinking of when they get you to make a donation.

    Damn it. Adult caution is my only hope so. Would the judge take into consideration ill lose my job if i get convicted?


  • #21
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Between knowing dangerously less than nothing and the charter - I'm pretty sure thats one for your solicitor I'm afraid.


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  • #22
    the whole year inn
    Registered Users, Registered Users 2 Posts: 7,123 ✭✭✭the whole year inn


    GCDLawstudent wrote: »
    Between knowing dangerously less than nothing and the charter - I'm pretty sure thats one for your solicitor I'm afraid.
    Fair enough.
    Im back to freaking out again.

    Having no privious convictions must stand for something?


  • #23
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Oh my lord.


  • #24
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    OP your lawyers are the only ones who can sort this for you, not random strangers on the internet who may or may not be lawyers or even have a clue about the law.

    The ways to avoid conviction are a "poor box" donation, an adult caution or any fine by the Guards not dealt with by the Courts or the benefit of the Probation Act. Thats not advice, its just stndard criminal procedure.


This discussion has been closed.
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