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Pleading Guilty in District Court - any room for mitigation

  • 21-03-2013 4:53pm
    #1
    TheProcess
    Registered Users, Registered Users 2 Posts: 5 ✭


    Hello,

    If you plead guilty at the first appearance in the District Court, is there an opportunity for the solicitor you've engaged to provide mitigating information to the DPP and the Judge or by pleading guilty are you waiving all opportunity to have such information taken into account?

    Also by pleading guilty do you avoid the open discussion of your personal circumstances / job etc. being aired in the courtroom?

    Thanks


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    TheProcess wrote: »
    If you plead guilty at the first appearance in the District Court, is there an opportunity for the solicitor you've engaged to provide mitigating information to the DPP and the Judge

    Yes, including reminding the judge that you pleaded guilty. If it's a serious case the judge may send it up to the Circuit Court in which case there won't be much point in pushing mitigating factors at that stage since that judge won't be hearing the case.
    TheProcess wrote: »
    or by pleading guilty are you waiving all opportunity to have such information taken into account?

    No, that is definitely not the case. What will not happen in relatively minor cases is that the prosecution will not call any witnesses, the prosecuting Garda will simply outline the facts.

    In very serious cases there will be a victim impact statement by the injured party or the next of kin in the case of a homicide.
    TheProcess wrote: »
    Also by pleading guilty do you avoid the open discussion of your personal circumstances / job etc. being aired in the courtroom?

    What gets 'aired' in court is completely down to what you want your solicitor to say in mitigation but you'd be well advised to follow his/her guidance.

    Actual details like the name of your employer will not get aired because your solicitor knows how to describe your position in reasonably vague terms.

    Don't let pride come between you and walking out of court instead of going up the North Circular Road in a prison van.


  • #3
    jd80
    Registered Users, Registered Users 2 Posts: 286 ✭✭jd80


    May I ask what the charge is/how many offences?

    Have you been previously convicted for any offence?


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    There is always room for mitigation, you just need to prove you are worthy of it. The big one would be demonstrating that you understand you did wrong, you have learned your lesson, you won't be before the court again on other matters and that you want to make recompense.

    Theft - pay compensation.

    Obnoxious drunk - stay off the drink and get counselling.

    Driving offences - sign up for an advanced driving course.

    Criminal damage - you've signed up to the local community association and will be helping on a community clean-up.

    And so on. You solicitor will have ideas.


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