Outstanding Fines/Summons

ColBackAgain

Hey guys,

Was wondering if anyone knew, is there a way to find out about outstanding proceedings?

eg. If there is a fine waiting to be sent out, court summonses waiting to be issued? Etc.. etc..

I don't mean something like arrest warrants.
I mean for something like speeding? Getting too drunk and causing trouble? Or something that would generally require a fine or summons?

Like can I head down to my local station with my passport and ask? Or are we completely in the dark until the day it arrives in the post?

Cheers,
Col

Slyderx1

i think your best bet here is a friendly garda but thats not to say that the info you get on monday may not be the same on tuesday.....

Pat Mustard

ColBackAgain wrote: »

Hey guys,

Was wondering if anyone knew, is there a way to find out about outstanding proceedings?

eg. If there is a fine waiting to be sent out, court summonses waiting to be issued? Etc.. etc..

I don't mean something like arrest warrants.
I mean for something like speeding? Getting too drunk and causing trouble? Or something that would generally require a fine or summons?

Like can I head down to my local station with my passport and ask? Or are we completely in the dark until the day it arrives in the post?

Cheers,
Col

It is possible to find out if a summons has been issued in relation to particular matter, by making contact with the Gardai.

Considering the potential flak from this, I would suggest that it would be best to ask a solicitor to handle this for you.

ColBackAgain

The Mustard wrote: »

It is possible to find out if a summons has been issued in relation to particular matter, by making contact with the Gardai.

Considering the potential flak from this, I would suggest that it would be best to ask a solicitor to handle this for you.

Oh ok. Like it's nothing serious or even existant.

It was just a general inquiry, if there was a way people generally did this. Not looking to go out of the way.

Mainly just wanted to ask is I was stopped by the Gardai a while ago. Just acting stupidly when drunk. He never acted like he intended it to go further. But I was wondering if there was a way I could check. As the statute of limitations was up this week. So if anything will come, it has to be submitted by now. if that makes sense?

Slyderx1

this is your second thread on the same topic so i can see you are very concerned.. on the presumption that it is a summary matter and one that does not fall within the remit of the superintendent to administer an adult caution then the Prosecuting Garda must apply for the issue of a summons or charge you within 6 months from the date of the alleged offence. Once the summons has been issued it is then served on you. Usually these steps are recorded by Pulse so what you need to do is to ascertain if pulse has recorded the issue of summons.

ColBackAgain

Slyderx1 wrote: »

this is your second thread on the same topic so i can see you are very concerned.. on the presumption that it is a summary matter and one that does not fall within the remit of the superintendent to administer an adult caution then the Prosecuting Garda must apply for the issue of a summons or charge you within 6 months from the date of the alleged offence. Once the summons has been issued it is then served on you. Usually these steps are recorded by Pulse so what you need to do is to ascertain if pulse has recorded the issue of summons.

Yeah I'm fairly concerned. Not with the likelihood of it happening. More to do with the repercussions. eg. im moving out of ireland in 4 weeks. So potentially coming home because of it etc.

Mainly I think its on my mind a tonne lately as I know that my faith is sealed now as the 6 month period passed.. is its either happening or not. If that makes sense? Like I know that its been decided what will happen and I'm fairly impatient as is and the wait will drive me crazy.

Pat Mustard

ColBackAgain wrote: »

Yeah I'm fairly concerned. Not with the likelihood of it happening. More to do with the repercussions. eg. im moving out of ireland in 4 weeks. So potentially coming home because of it etc.

Mainly I think its on my mind a tonne lately as I know that my faith is sealed now as the 6 month period passed.. is its either happening or not. If that makes sense? Like I know that its been decided what will happen and I'm fairly impatient as is and the wait will drive me crazy.

OP, if you are that worried, go and see a solicitor. It'll be 50 quid or so to put your mind at rest.

Slyderx1

The Garda may or may not access pulse at the formal request of an ordinary solicitor on the basis of a 'looksee'. Nor may pulse be up to date either in the OP's case. If on the other hand the OP explains his case personally to the sergeant in charge then he may get a sympathetic hearing.

ColBackAgain

Yeah I could go to a solicitor. But still living at home and to be honest the even itself at the time didn't seem to serious. Don't want to worry my parents or anything saying "i need to see a solicitor."

Like I just worry a lot personally. I'm just a bit paranoid I guess. For example, my friend with me at the time doesn't even remember the event probably. I would say he just brushed it off as "getting stopped by the Garda's".

Look I don't want to go to too much trouble or "tempt faith" as such. I just wanted to see if there was an easy way to get the information is all. I thought maybe there was rule about data protection that way I could head into a station with ID and just get a 5 minute background check or something.

If it's more effort, I think I would rather not worry myself more than I have to.

Pat Mustard

Slyderx1 wrote: »

The Garda may or may not access pulse at the formal request of an ordinary solicitor on the basis of a 'looksee'. Nor may pulse be up to date either in the OP's case. If on the other hand the OP explains his case personally to the sergeant in charge then he may get a sympathetic hearing.

In my experience, Gardai will cooperate with solicitors in giving this type of information.

In my opinion, where a person is in a situation where a prosecution may or may not happen, it is probably better that they do not make direct contact with the Gardai.

coylemj

There's no point in wasting money on a solicitor unless the OP gets a summons and at this stage that is looking highly unlikely for what sounds like an extremely minor offence.

Disagree with the advice not to approach the Garda, you certainly should not go near a civilian witness to an 'incident' for which a summons against you may be issued but in the case of a public order offence, an approach to the Garda the following morning accompanied by an abject apology can lead to the matter being dropped. Where there is no injured party and the offence is relatively minor, it's totally down to the individual Garda to prosecute or not.

Clearly it's too late after 6 months for the OP to go offering an apology now so he'll just have to sweat it out for another month or so but I'd say it's dead and buried.

Pat Mustard

In some circumstances, there may be valid reason to go in to the Gardai with the hands up, but in other situations, it is entirely inappropriate from a defence point of view.

It's pretty easy for a lawyer to tell the difference between one situation and the other, but for a layman this will not be so easy.

I would stand by what I said that people should not make direct contact with the Gardai in those situations - not without having first spoken to a lawyer.

coylemj

The Mustard wrote: »

I would stand by what I said that people should not make direct contact with the Gardai in those situations - not without having first spoken to a lawyer.

It all depends on the individual Garda and the type of offence. Clearly if it was a traffic accident involving injury to a third party or an allegation of a serious assault there would be no point in making a direct approach to the Garda and legal advice is required.

You're caught p1ssing against the wall down a side street after a bellyful of pints and the Garda takes your name. Are you really going to engage a solicitor and ask him/her to make an approach to the Garda after the event? That would really get his/her goat up. A face to face apology would possibly work, getting a solicitor to approach the Garda would mark you out as a tool with more money than sense and probably lead to a prosecution.

Slyderx1

The Mustard wrote: »

In my experience, Gardai will cooperate with solicitors in giving this type of information.

In my opinion, where a person is in a situation where a prosecution may or may not happen, it is probably better that they do not make direct contact with the Gardai.

I think you are mixing up convictions with investigations in train.

Pat Mustard

coylemj wrote: »

You're caught p1ssing against the wall down a side street after a bellyful of pints and the Garda takes your name. Are you really going to engage a solicitor and ask him/her to make an approach to the Garda after the event? That would really get his/her goat up. A face to face apology would possibly work, getting a solicitor to approach the Garda would mark you out as a tool with more money than sense and probably lead to a prosecution.

Okay, well first thing is that the Garda who is involved does not have to be contacted. A call can be made to the Garda station, you need the client's name and date of birth and you can ask away whichever Garda answers.

Secondly, I don't think that Gardai lose a lot of sleep over minor criminal/road traffic matters.

I see your point, though. In certain situations, there may be call to go in with the hands up. I still say that it may be difficult for a layman to make the call correctly.

Pat Mustard

Slyderx1 wrote: »

I think you are mixing up convictions with investigations in train.

Nope. No, I am not. I am talking about potential charges being brought.

coylemj

The Mustard wrote: »

I see your point, though. In certain situations, there may be call to go in with the hands up. I still say that it may be difficult for a layman to make the call correctly.

My point is that in very minor cases you're better off throwing yourself at the Garda's mercy, you have nothing to lose because if they were going to prosecute you anyway then it makes no difference. On the other hand, if it's the day after a busy Friday or Saturday night in Temple Bar, one punter coming in to grovel for forgiveness has a good chance of getting a discretionary pardon.

Even if it does go to court, your solicitor can make a virtue out of the fact that you presented yourself at the Garda's station the very next day to apologise and this would typically go down well with the judge.

Pat Mustard

coylemj wrote: »

My point is that in very minor cases you're better off throwing yourself at the Garda's mercy, you have nothing to lose because if they were going to prosecute you anyway then it makes no difference. On the other hand, if it's the day after a busy Friday or Saturday night in Temple Bar, one punter coming in to grovel for forgiveness has a good chance of getting a discretionary pardon.

Even if it does go to court, your solicitor can make a virtue out of the fact that you presented yourself at the Garda's station the very next day to apologise and this would typically go down well with the judge.

I don't necessarily agree because it is the end result that counts.

If a client goes in to speak with police but ends up being prosecuted on whatever charges anyway, then that it is not a good result.

If he walks, perfect, of course.

coylemj

The Mustard wrote: »

If a client goes in to speak with police but ends up being prosecuted on whatever charges anyway, then that it is not a good result.

It's 'not a good result' but at least you've made an effort which your solicitor can use to your advantage when it goes to court.

If the Garda does accept the apology then you've avoided a prosecution.....

Where is the downside in making contact to apologise?

I really can't see what point you're making here - you're saying that not making contact to apologise is better in the case of a minor public order offence? How?

Pat Mustard

coylemj wrote: »

It's 'not a good result' but at least you've made an effort which your solicitor can use to your advantage when it goes to court.

If the Garda does accept the apology then you've avoided a prosecution.....

Where is the downside in making contact to apologise?

I really can't see what point you're making here - you're saying that not making contact to apologise is better in the case of a minor public order offence? How?

I am saying that certain people have approached me after particular incidents, they have asked me for for my advice, I told them not to go near police, and they did not get prosecuted. I suspect that little good would have come if they had done so.

In my experience, it is better to reduce the amount of evidence that is available against a client, if possible. If you send a client off to talk a Garda, you have no control over what might be said, and over what might be quoted back by said Garda.

ColBackAgain

Sorry guys, been super busy the last few days and never got a chance to read the thread.

I think the plan is to leave it for now. At the time I couldn't go and apologise to the Garda in question, because I have absolutely no idea who he is, or where he would be stationed.

At the time I walked away, feeling as if, "thank god he didn't fine me". What I mean is. I have seen incidents like this in the past, as an onlooked and I have seen guys kicking off and shouting and moaning and being a total drunken state. I wasn't like this. I'm not lying. I had about 3 beers in me. But when the Garda spotted me. I zipped up, walked over, explained what happened. He did give out to me obviously. But I never made any attempt to kick off or anything. I said "look realise it wasnt the best choice. But best of a bad situation for me. Had to go, literally HAD TO go and this was the next best option at the time."

I just naturally assumed for that type of offence it was an "on-the-spot" fine.