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Should I have heard by now? Statute of Limitations

  • 14-03-2013 12:16am
    #1
    ColBackAgain
    Registered Users, Registered Users 2 Posts: 56 ✭✭


    Hi Guys,

    Just wanted a get a bit of information about the 'statute of limitations'? And summonses too?
    I want to know the general scenario that plays out?

    Am I right in saying there is a 6 month period in which the Garda have to act on an offence? I realise it depends on the offence. But for just a simple acting the drunken offence?

    6 months ago, from yesterday, I got stopped, acting the fool by a Garda. Wasn't causing any criminal damage or anything but the situation itself was unlucky. But the point is I got stopped, urinating down a backstreet in town. Needed to go and found a spot away from the public (unlike my friend) and a passing Garda saw me.

    Asked me the usual stuff. Name? ever in trouble with the law? where are you going? Where you coming from? etc etc. Said I was sorry he sent me on my way.

    He never really recorded my details formally. I remember this fairly well, as my address is an awkward one to spell. I usually have to spell it for people when they write it down. He was concerned with if I had been in trouble before. Although he did glance at my passport (to check I wasn't lying about my name). I guess he could have noted my passport number and got my address etc that way (unlikely I think).

    On the night itself he never mentioned any further action and I remember walking away relieved that he never pulled out a notebook or anything to take my details down. It struck me as a situation where he was thinking "ok you shouldn't be doing this. Do you have a history with the Garda? No? ok well lets keep it that way the right?"

    Point is, 6 month period was up yesterday. Now I know that period means the Garda has to file the complaint in that period. But REALISTICALLY is it likely i'll ever hear of this again?

    I asked on Boards when the offence happened and people said "nah nothing will happen. MAYBE a caution. But court or fines are unlikely.”

    I've never been in ANY trouble in my life. Genuinely a 'good kid' growning up. The fact that I'm still worried about this ONE incident, 6 months later, shows how often I get in trouble.

    So is it likely that if I hadn't got anything yet, I can put my worries to rest?
    Or is it a regular thing for the Garda to wait right up until the final days of the period to file the complaint?

    Is there any way I can find out if it has been taken further?

    Geuinely just bricking it whenever post arrives to the house for me. Due to be moving away soon with the girlfriend for a few months. Have a good job and nearly finished my degree. A fine or any trouble with the law could really mess this all up for me and I'm wondering how long I should worry for?

    Mainly worried about having a fine or hassle or anything really? And it does upset me thinking I might have trouble coming my way.

    Cheers


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    6 months to apply to the district court for a summons and 12 months to serve it. Thats the general rule. I know a guy very similar to you who was brought and kept in Mountjoy for five nights for public urination.


  • #3
    ColBackAgain
    Registered Users, Registered Users 2 Posts: 56 ✭✭ColBackAgain


    McCrack wrote: »
    6 months to apply to the district court for a summons and 12 months to serve it. Thats the general rule. I know a guy very similar to you who was brought and kept in Mountjoy for five nights for public urination.

    Oh wow really? :eek: that seriously worries me now :(

    And is there any way I can find out if this is going to go further?


  • #4
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    No if the truth be told I'm winding you up. In all honesty I personally would not worry. Really I wouldn't.


  • #5
    ColBackAgain
    Registered Users, Registered Users 2 Posts: 56 ✭✭ColBackAgain


    McCrack wrote: »
    No if the truth be told I'm winding you up. In all honesty I personally would not worry. Really I wouldn't.

    Oh sorry. This just shows how worried I am.

    Like I am that guy who has never had any trouble in his entire life.

    Always have been on the straight and narrow.

    This one night, had a few beers, got the bus to town. Needed to go badly. Ran down a side street. My mate urinated in the middle of a public place and I went down a backstreet and ran into the Garda. Was just unlucky to get see I guess.

    And there is no way I can find out if there is anything coming my way?


  • #6
    monkeypants
    Closed Accounts Posts: 2,386 ✭✭✭monkeypants


    If he didn't go to the trouble of taking his notebook out, I can't see him later going to the trouble of whatever paperwork he needs to do when charging you.


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  • #7
    ColBackAgain
    Registered Users, Registered Users 2 Posts: 56 ✭✭ColBackAgain


    monkeypants wrote: »
    If he didn't go to the trouble of taking his notebook out, I can't see him later going to the trouble of whatever paperwork he needs to do when charging you.

    My thoughts exactly. Then, because I had a few beers, I thought "well maybe I just overlooked him taking my details". But my address is an unusual one. So I think I would remember him taking it down.

    At least the 6 month period is over now, so it has either been filed or not filed now. Just hoping beyond hope that nothing ever happens.


  • #8
    monkeypants
    Closed Accounts Posts: 2,386 ✭✭✭monkeypants


    ColBackAgain wrote: »
    My thoughts exactly. Then, because I had a few beers, I thought "well maybe I just overlooked him taking my details". But my address is an unusual one. So I think I would remember him taking it down.

    At least the 6 month period is over now, so it has either been filed or not filed now. Just hoping beyond hope that nothing ever happens.
    Maybe I'm relying too much on really early episodes of The Bill and Judge John Deed and people more familiar with the workings of a court could correct me, but if a prosecution is taken, is it not better that notes were taken at the time? I suppose they could be made later, but not much later or they/recollection could be challenged.


  • #9
    ColBackAgain
    Registered Users, Registered Users 2 Posts: 56 ✭✭ColBackAgain


    monkeypants wrote: »
    Maybe I'm relying too much on really early episodes of The Bill and Judge John Deed and people more familiar with the workings of a court could correct me, but if a prosecution is taken, is it not better that notes were taken at the time? I suppose they could be made later, but not much later or they/recollection could be challenged.

    That's the kind of information I'm after! I was hoping someone would say "oh if any further action will be taken. Information needs to be taken down etc etc" or something.

    Like i'm not concerned with "finding a way out of this" if it does turn out to be taken further. I just want to know, in this situation, is it normal that I haven't heard anything yet. And any opinions on if I will hear about it.

    Just want this situation to be forgotten about to be honest. Clearly it's had an impact and scared me into shape. Any further action will just cause a lot of hassle.


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