Have I got a conviction

sidcon

I was in court the other day for being drunk and disorderly, failing to obey a Garda's orders and assaulting a Garda, none of this could be proven and the court Sargent said that CCTV backed up my claim. However I was still ordered to pay €200. I left the court very confused as I could not hear the judge and a court clerk came over and said have you got €200, I had and paid it and was told that was it. I don't know if I was actually charged how do I find out.

Reloc8

You were in court so you were charged.

From what you say its clear that the charge was either 'struck out' or dismissed with the benefit of the Probation Act. Either way you don't have a criminal conviction.

There's a huge gray area as to the extent to which this kind of outcome is recorded and whether records are available to visa authorities or employers on foot of garda vetting,

On balance, if you are asked the question 'have you ever been prosecuted for a criminal offence' the answer is yes, but [insert what you said in your post]. If you are asked if you have ever been convicted of a criminal offence, the answer is no.

I am taking it that you did not have a solicitor acting for you. I would simply note that if you did he or she would be able to give you full clarity as to where you stood on all matters - at this remove, no one else can do that.

nb this is internet waffle upon which you should place no reliance.

ResearchWill

sidcon wrote: »

I was in court the other day for being drunk and disorderly, failing to obey a Garda's orders and assaulting a Garda, none of this could be proven and the court Sargent said that CCTV backed up my claim. However I was still ordered to pay €200. I left the court very confused as I could not hear the judge and a court clerk came over and said have you got €200, I had and paid it and was told that was it. I don't know if I was actually charged how do I find out.

If you paid the money to the court office more than likely fine and so conviction. If money paid to charity/poor box then more than likely probation of offenders Acr. Go to the Court Office and ask the question "do I have a conviction"

Reloc8

If the clerk took the money it wasn't a fine and conviction. If he paid it over the counter, outside of court, and got a receipt it might have been.

coylemj

It must have been the poor box if the cash was asked for there and then so most likely Probation Act.

Otherwise if I remember my District Court Rules, the judge is obliged to state in writing why payment is required forthwith and if he does, it's usually because the defendant has been convicted, got a fine and has no fixed abode so the Gardai can't chase him up for payment, hence the judge demands money there and then or off to the lockup you go.

MagicSean

Sounds like you were cleared of the assault and given the opportunity to pay money to the court poor box to have the other public order cases disposed of.

angrykoala

MagicSean wrote: »

Sounds like you were cleared of the assault and given the opportunity to pay money to the court poor box to have the other public order cases disposed of.

agreed. no conviction here. you got the benefit. if it was a fine/conviction you are usually given a time period to pay... and you were defintely charged. id say sections 4,6,and 8 of the public order act. i very much doubt you were charged with assaulting a guard. thats a major investigation and a dpp direction

ResearchWill

OP the only person who can with out doubt answer you question is AGS or the District Court. Everyone else is guessing based on your original post. Please check with those who really know.