Struck Out Case!?

BlackStreet

Hi all,

I have recently been to court but had my case struck out as the Garda didn't show up or leave instructions. I count myself very lucky but I've been told not to get my hopes up as there's a possibility of being re-charged. What I'd like to know is if there is much chance that the case would be revived and for how long do the gardai have the opportunity to re-charge me? Also my iphone and some other personal property were confiscated and I really don't want to go up and ask for them back considering the possibility of being re-charged. Any help would be really appreciated and I thank you in advance.

Hunter Mahan

It depends on what you were charged with originally, can you tell us?

Also can you remember what the judge said as he struck out the case?

BlackStreet

Thanks for your reply,

I was charged with possession and sale and supply of drugs unfortunately. The judge pushed my case back to the end to see if the Garda showed up then when I was called up the second time my solicitor asked for a strike out and the judge just agreed. My solicitor told me I could still be re-charged but this was over two weeks ago so I'm hoping I won't have a knock on the door but I'd just like to know how long do they have if they do want to re-charge me?

Hunter Mahan

I would imagine that the seriousness of the offence will lead to a re-charge.

You have to face this head on otherwise you will drive yourself mad, contact the Garda in question and find out what the current position is, hiding will solve nothing and you will be able to prepare properly. It will get rid of any possibilty of the Gardai arriving to your door at 6 am with new charge sheets for you.

The Garda have a computer system which will not let him just forget that he arrested and charged you, plus the courts will require an explanation no doubt for the non appearance. (depending on seriousness)

The fact the case was struck out because of a non appearance will lead to questions of the Garda, for which he will need good reasons.

I suppose it does really depend on the strength of the sale and supply charge, are we talking 100s or 1000s euro? Ounces or Lbs?

Your phone and other items are probably seized as evidence, to get them back you will need closure of some sort.

BlackStreet

To say I was surprised with the no show would be an understatement. It was only a small amount of cannabis I was found with but along with the texts on my phone and other pieces of evidence that they found in my house they charged me with sale and supply. I can't help but think my dad had something to do with the Garda not showing up as he has many friends in the Gardai but he denies this I'm not quite sure if I beleive him. I really don't want to produce myself at the Garda station just in case this is the case and showing up asking for my stuff back might trigger them to follow this up. I can live without my phone if it means I don't end up being charged but if there was a possibility of having it back in the future and still avoiding being charged that would be great but I don't want to push my luck. If they still had intentions of charging me what would the reasons behind them not showing up and not re -charging me already after more than two weeks be?

Hunter Mahan

I would believe your Dad, the Garda leaves himself open to serious disciplinary action if he fails to turn up to court when required as far as I am aware. (Without good reason)

If you can live looking over your shoulder for the next year so be it, I don't think there is a time limit on when you can be re-charged, though a delay may work in your favour when/if it gets to trial.

My advice would be to grow a pair, face up to it, contact the Garda, and sort it out. If it was only a small amount of cannabis then the case may not be re-entered and you will get your stuff back.

I suppose the only thing is your "small amount" could be a significant amount to the Gardai, there are differences in valuations between the dealer and the Gardai. A person in your trade will know to the gramme what he was caught with, if you can say the weight then we can tell you the seriousness and possible consequences. Is it your first time caught?

McCrack

My own view would be to let sleeping dogs lie. It's the Guards/State's job to bring you before a Court. They tried and failed by the prosecuting member not showing up.

You played your part by appearing. They didn't. End of. Dont stir it by contacting them. If you do its prey to a loin.

Hunter Mahan

McCrack wrote: »

My own view would be to let sleeping dogs lie. It's the Guards/State's job to bring you before a Court. They tried and failed by the prosecuting member not showing up.

You played your part by appearing. They didn't. End of. Dont stir it by contacting them. If you do its prey to a loin.

What you say is true but I'm not sure I could live with not knowing, also there's no chance of getting his stuff back.

Fred Swanson

This post has been deleted.

Hunter Mahan

I dont think so, because of what he was charged with.

wicklaman83

he deserves to be strung by the balls if he is a dealer.he certainly doesnt deserve any help.

Daithi 1

wicklaman83 wrote: »

he deserves to be strung by the balls if he is a dealer.he certainly doesnt deserve any help.

innocent until ??!

Kristopherus

Daithi 1 wrote: »

innocent until ??!

Well he has admitted to possession here. No sympathy deserved, and some holidays on the menu:(.

wicklaman83

BlackStreet wrote: »

To say I was surprised with the no show would be an understatement. e that tIt was only a small amount of cannabis I was found with but along with the texts on my phone and other pieces of evidenchey found in my house they charged me with sale and supply. I can't help but think my dad had something to do with the Garda not showing up as he has many friends in the Gardai but he denies this I'm not quite sure if I beleive him. I really don't want to produce myself at the Garda station just in case this is the case and showing up asking for my stuff back might trigger them to follow this up. I can live without my phone if it means I don't end up being charged but if there was a possibility of having it back in the future and still avoiding being charged that would be great but I don't want to push my luck. If they still had intentions of charging me what would the reasons behind them not showing up and not re -charging me already after more than two weeks be?

He has stated here himself that he is guilty.

Fred Swanson

This post has been deleted.

wicklaman83

He states his phone and other material was seized from his home.The guards do not seize phones or other material and enter them as evidence just for the sake of it.

He is not charged because of the messed up legal system.There is any number of reasons why the guard didnt turn up and if s/he had of i'm sure the op would of got a nice lenient sentence anyway.

I know myself if i was innocent of an alledged crime i would be looking forward to my day in court to clear my name,not try and hide from the guards in case they re-charge me.

Do you get some joy defending these people?

ResearchWill

wicklaman83 wrote: »

He has stated here himself that he is guilty.

He said he was found with weed (that is section 3 Drugs Act) he also said he was charged with a possession for sale or supply, (that is section 15) very different offence carrying very different penalty. So he may be guilty of section 3 and not guilty of section 15.

ResearchWill

wicklaman83 wrote: »

He states his phone and other material was seized from his home.The guards do not seize phones or other material and enter them as evidence just for the sake of it.

He is not charged because of the messed up legal system.There is any number of reasons why the guard didnt turn up and if s/he had of i'm sure the op would of got a nice lenient sentence anyway.

I know myself if i was innocent of an alledged crime i would be looking forward to my day in court to clear my name,not try and hide from the guards in case they re-charge me.

Do you get some joy defending these people?

It is not for any person to clear his own name, at this moment his name is clear. He is guilty of no crime as we speak. Again its not up to the OP to do the work of AGS, if they wish to re summons then they can do so they know where the OP is he has turned up for his last case, I assume he will turn up if they wish to go again.

BRAIN FEEDs

Is there a time limit on this case for the dpp to recharge him again?

wicklaman83

ResearchWill wrote: »

It is not for any person to clear his own name, at this moment his name is clear. He is guilty of no crime as we speak. Again its not up to the OP to do the work of AGS, if they wish to re summons then they can do so they know where the OP is he has turned up for his last case, I assume he will turn up if they wish to go again.

I didnt say it was.I said if it was me i'd be wanting to clear my own name.If i was guilty i'd be leaving them to their own devices

ResearchWill

BRAIN FEEDs wrote: »

Is there a time limit on this case for the dpp to recharge him again?

Of the top of my head three issues arise, 1 the first summons having been in time then it could be reissued, 2 the judge may also have given liberty to apply. 3 Also as its section 15 there is no time limit as its is not a minor offence.

ResearchWill

wicklaman83 wrote: »

I didnt say it was.I said if it was me i'd be wanting to clear my own name.If i was guilty i'd be leaving them to their own devices

I would advice seriously against that idea, the only way to clear name is to talk to AGS, "anything you say may be used against you" best even when innocent to stay quiet.

http://www.innocenceproject.org/fix/False-Confessions.php

"While it can be hard to understand why someone would falsely confess to a crime, psychological research has provided some answers – and DNA exonerations have proven that the problem is more widespread than many people think. In approximately 25% of the wrongful convictions overturned with DNA evidence, defendants made false confessions, admissions or statements to law enforcement officials."

kneeler

ResearchWill wrote: »

I would advice seriously against that idea, the only way to clear name is to talk to AGS, "anything you say may be used against you" best even when innocent to stay quiet.

http://www.innocenceproject.org/fix/False-Confessions.php

"While it can be hard to understand why someone would falsely confess to a crime, psychological research has provided some answers – and DNA exonerations have proven that the problem is more widespread than many people think. In approximately 25% of the wrongful convictions overturned with DNA evidence, defendants made false confessions, admissions or statements to law enforcement officials."

If people tell lies admitting to crimes surely they should be punished for that even if not for the original crime?

ResearchWill

kneeler wrote: »

If people tell lies admitting to crimes surely they should be punished for that even if not for the original crime?

It is often not telling lies, it mis interpreting a statment. A classic example a mans wife is found dead, by gun shoot, she is found by her husband, in grief he cradles her body and picks up the gun. When arrested he says it was his fault, he killed her, what he actually meant was he had been having an affair and he knew her suicide was his fault.

Also people may not know something is illegal example 16 year old boy who has been having sex with 16 year old girl, he admits to having sex but says she consented. Her consent mean nothing legally if he knew she was under 17, he has now got himself convicted of a serious sexual crime. Hence say nothing.

Also people who incorrectly admit to serious crimes are usually mentally ill.

BRAIN FEEDs

ResearchWill wrote: »

It is often not telling lies, it mis interpreting a statment. A classic example a mans wife is found dead, by gun shoot, she is found by her husband, in grief he cradles her body and picks up the gun. When arrested he says it was his fault, he killed her, what he actually meant was he had been having an affair and he knew her suicide was his fault.

Also people may not know something is illegal example 16 year old boy who has been having sex with 16 year old girl, he admits to having sex but says she consented. Her consent mean nothing legally if he knew she was under 17, he has now got himself convicted of a serious sexual crime. Hence say nothing.

Also people who incorrectly admit to serious crimes are usually mentally ill.

will people read the black writing please. you have the right to remain silent......... simple as.

ResearchWill

BRAIN FEEDs wrote: »

will people read the black writing please. you have the right to remain silent......... simple as.

I thought that is exactly what I said.

McCrack

wicklaman83 wrote: »

I didnt say it was.I said if it was me i'd be wanting to clear my own name.If i was guilty i'd be leaving them to their own devices

But your name and indeed everybody's name if you are charged with criminal offences is clear until such time as a Court (or jury as the case may be) has decided otherwise.

BRAIN FEEDs

ResearchWill wrote: »

I thought that is exactly what I said.

you did indeed.

it needed to be said again,and again until people learn.

edit,didnt i give you a thanks?

ResearchWill

BRAIN FEEDs wrote: »

you did indeed.

it needed to be said again,and again until people learn.

edit,didnt i give you a thanks?

Sorry missed that, but I agree it needs to be said over and over. But if people ever learn it will put me out of work lol.

murrayp4

McCrack wrote: »

My own view would be to let sleeping dogs lie. It's the Guards/State's job to bring you before a Court. They tried and failed by the prosecuting member not showing up.

You played your part by appearing. They didn't. End of. Dont stir it by contacting them. If you do its prey to a loin.

This.

Hunter Mahan

I think maybe some of ye missed one of the questions asked, he wants to get his stuff back and avoiding everything and hiding is not going to get it back.

Also if he asks whether his case is to be reentered or not, he is not going to be re-arrested and interviewed again. He is not going to make the states case by making such an inquiry.

I can't believe some of the advice being handed out, the OP should talk to his solicitor and find out the status and make inquiries about getting his phone and other items back.

While advising someone to say nothing until they get legal advice is the best advice, telling someone to say nothing at all ever is ridiculous.

If someone is in a position they should say nothing and seek legal advice.

I'm almost certain inferences can now be drawn in this country if you fail to answer certain questions, if so then staying quiet as a 100% rule is ridiculous.

Go back and talk to your solicitor OP, or your father could probably find out as you said previously. Hiding never solved anything.

ResearchWill

Hunter Mahan wrote: »

I think maybe some of ye missed one of the questions asked, he wants to get his stuff back and avoiding everything and hiding is not going to get it back.

Also if he asks whether his case is to be reentered or not, he is not going to be re-arrested and interviewed again. He is not going to make the states case by making such an inquiry.

I can't believe some of the advice being handed out, the OP should talk to his solicitor and find out the status and make inquiries about getting his phone and other items back.

While advising someone to say nothing until they get legal advice is the best advice, telling someone to say nothing at all ever is ridiculous.

If someone is in a position they should say nothing and seek legal advice.

I'm almost certain inferences can now be drawn in this country if you fail to answer certain questions, if so then staying quiet as a 100% rule is ridiculous.

Go back and talk to your solicitor OP, or your father could probably find out as you said previously. Hiding never solved anything.

First of all what the OP said " Also my iphone and some other personal property were confiscated and I really don't want to go up and ask for them back considering the possibility of being re-charged"

Yes inferences have been introduced, they must be invoked, (can only be done in certain circumstances) 2 you must be give another chance to speak to your solicitor on that exact issue, 3 there must be evidence more than a refusal to answer. Why do I know this because I have been involved in a number of cases where inferences have been invoked by AGS their success rate so far is 0.

Hunter Mahan

I'm just getting the impression from this thread, that people should just stay quiet and everything will be ok. In my opinion people should stay quiet until they've received legal advice. These are not instances where people should try and deal with it themselves.

The OP has already been charged, which implies he has already been detained and interviewed, as a result he can't incriminate himself further by asking whether his case will be re-entered or not, and if he can get his stuff back.

I find it hard to believe the Police will just forget about a serious charge, and whether he will be charged or not will most likely be determined by the cost of doing it again (in the current climate) and not because the OP "reminded" them.

It will be hard for the OP to go through the next few years without doing something to bring it back to light. If he applies for certain jobs or tries to emigrate to certain countries. In the last 10 years alone checks have been carried out on myself 4 times.

If it really was a small amount of cannabis and a first offence, realistically ResearchWill what is he looking at? The probation act?

Fred Swanson

This post has been deleted.

hare

Get on to your brief and DEMAND your property back your not guilty of anything.if they thought they had anything they would have showed have no doubt about that.

ResearchWill

Hunter Mahan wrote: »

I'm just getting the impression from this thread, that people should just stay quiet and everything will be ok. In my opinion people should stay quiet until they've received legal advice. These are not instances where people should try and deal with it themselves.

The OP has already been charged, which implies he has already been detained and interviewed, as a result he can't incriminate himself further by asking whether his case will be re-entered or not, and if he can get his stuff back.

I find it hard to believe the Police will just forget about a serious charge and whether he will be charged or not will most likely be determined by the cost of doing it again (in the current climate) and not because the OP "reminded" them.

It will be hard for the OP to go through the next few years without doing something to bring it back to light. If he applies for certain jobs or tries to emigrate to certain countries. In the last 10 years alone checks have been carried out on myself 4 times.

If it really was a small amount of cannabis and a first offence, realistically ResearchWill what is he looking at? The probation act?

If you read the OP you would see he was not charged ith simple possession section 3 but with section 15 possession with intent to sell or supply. While section 3 with no previous may get Probation of offenders, its very doubtful in a section 15, a conviction for section 15 will be serious. Also delay is the OP's friend in the District court a delay of almost 3 years was enough to get the case struck out. Hence why I am saying to the OP to not do anything, its up to the State to do anything now, I would write the property off and consider it a cheap lesson learned.

Hunter Mahan

Fred Swanson wrote: »

This post has been deleted.

I know that but who do you think carries out the checks? They will see he has an unresolved case surely?

If he's arrested for dealing again, involved in a bar fight or even a traffic accident....

ResearchWill

hare wrote: »

Get on to your brief and DEMAND your property back your not guilty of anything.if they thought they had anything they would have showed have no doubt about that.

Wrong on so many levels. Would you really take the risk of a conviction for section 15 for a iPhone really.

There are a number of cases recently where AGS have not turned up for cases, there is a view that this may be connected to blue flu.

ResearchWill

Hunter Mahan wrote: »

I know that but who do you think carries out the checks? They will see he has an unresolved case surely?

If he's arrested for dealing again, involved in a bar fight or even a traffic accident....

He does not have an unresolved case he currently has a strike out. It's very different.

Hunter Mahan

ResearchWill wrote: »

If you read the OP you would see he was not charged ith simple possession section 3 but with section 15 possession with intent to sell or supply. While section 3 with no previous may get Probation of offenders, its very doubtful in a section 15, a conviction for section 15 will be serious. Also delay is the OP's friend in the District court a delay of almost 3 years was enough to get the case struck out. Hence why I am saying to the OP to not do anything, its up to the State to do anything now, I would write the property off and consider it a cheap lesson learned.

That is fair enough, and it would be a cheap lesson, if he can stay out of trouble.

ResearchWill

Hunter Mahan wrote: »

That is fair enough, and it would be a cheap lesson, if he can stay out of trouble.

In bold the very important bit.

Hunter Mahan

ResearchWill wrote: »

He does not have an unresolved case he currently has a strike out. It's very different.

I can see where you are coming from now, but I'd imagine the case is resolved with the courts, but not with the Police.

Benbulnen64

I agree with Fred here. If he's charged with an Offence where there's a presumption of dealing based on certain factors, then in the unlikely
event that the charge is reignited that presumption could be rebuttable.

I'd suggest staying shtum and making no further inquiries in the face of the dismissal, but if a further charge is laid it'd be worth getting legal representation. It's one thing having a possession on a record but a dealing charge could have a lot of adverse ramifications for employment, travel, etc.

dees99

OP do NOT go anywhere near the guards. Sacrifice the iphone and let karma take care of the rest. You will do very well to come out of this with just the loss of an iphone

mark davis

Kristopherus wrote: »

Well he has admitted to possession here. No sympathy deserved, and some holidays on the menu:(.

dont say you dont or know some family or friend who smoked it its simple possession iam sure you also know someone who did it who is family inlaws and let me tell you 000.1 gram of herb is possesion you can put it on a match stick as thats all the butt if a joint might hold that 2 is possession and you can get charged depending on the garda him or her self there are some who will do u for traces traces come on then thats it no ausi trips have an open mind

mark davis

wicklaman83 wrote: »

He has stated here himself that he is guilty.

dont fret

mark davis

wicklaman83 wrote: »

He has stated here himself that he is guilty.

dont fret
i know a guy in sim situation and hes waiting 16 mts now hope it goes your way mate

mark davis

wicklaman83 wrote: »

He has stated here himself that he is guilty.

he did not anywhere say iam guilty mr guilty guilty guilty hate to see you on a jury pannel

Fred Swanson

This post has been deleted.

Joeseph Balls

mark davis wrote: »

dont fret
i know a guy in sim situation and hes waiting 16 mts now hope it goes your way mate

Don't fret yourself, have a spliff there, threads 3 years old.

mark davis

BlackStreet wrote: »

Hi all,

I have recently been to court but had my case struck out as the Garda didn't show up or leave instructions. I count myself very lucky but I've been told not to get my hopes up as there's a possibility of being re-charged. What I'd like to know is if there is much chance that the case would be revived and for how long do the gardai have the opportunity to re-charge me? Also my iphone and some other personal property were confiscated and I really don't want to go up and ask for them back considering the possibility of being re-charged. Any help would be really appreciated and I thank you in advance.

i know a guy who is in a sim situation but its a theft charge hes waiting 18 mts no reply and they have 1000s of e wort of stuff and hasent approached him better still they havent got bk to him lol