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Section 3

  • 18-09-2013 9:42pm
    #1
    Registered Users, Registered Users 2 Posts: 4


    Hi there,

    I have joined this site with the purpose of just getting some honest opinions (not looking for legal advice) on how my (hypothetical) case may unfold.

    I am a 19 year old male currently studying Languages in DCU. About 7 months ago I (hypothetically) punched a doorman outside the academy on middle abbey street Dublin due to my complete arrogance and have now been (hypothetically) summoned to appear in court for section 3 assault causing harm.

    I have accepted full responsibility, issued an apology and have completely cooperated with an garda siochana. I have also been told that due to the fact that I have no priors and considering my circumstances, the case will be kept in the district court if I plead guilty.

    My main question is how likely would a sentence to prison be?

    Thanks
    Tagged:


Comments

  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Unlikely, but you should get a solicitor as it's a serious charge.


  • Registered Users, Registered Users 2 Posts: 4 moonen086


    I have,

    But in all honesty is a very good solicitor necessary if you have already decided that you are going to plead guilty?


  • Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    moonen086 wrote: »
    I have,

    But in all honesty is a very good solicitor necessary if you have already decided that you are going to plead guilty?

    Mitiigation might well be a factor - a good solicitor (or even a barrister if you intend to ever travel) could make the difference between no criminal record and a criminal record.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    It's sometimes said that you get a good lawyer to act in a case not because it you have to have them to deal with a straighforward application, but to deal with it if anything goes wrong.

    Yes, there is no reason you couldn't get the same or even better result without a solicitor on a good day in front of a good judge. But if you get a bad judge on a bad day you'll thank your lucky stars the solicitor is there.


  • Registered Users, Registered Users 2 Posts: 4 moonen086


    Thanks,

    I'm also pretty sure that I'm entitled to free legal aid.

    Would I have to apply for this before or after the court process?


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    moonen086 wrote: »
    Thanks,

    I'm also pretty sure that I'm entitled to free legal aid.

    Would I have to apply for this before or after the court process?

    Before. Your solicitor will sort it out for you.

    Sorry, to clarify, before the hearing of the evidence etc but the application is made in court.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Hypothetically; might one want to cover off the possibility of a civil claim with the solicitor also or is this not an issue?


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Thread closed. The no legal advice rule is in place for a reason and if users are going to be so transparent about flouting the charter, I am going to change it so that these threads give rise to a ban in future.

    That said, I acknowledge that the advice you have received is not legal advice but good, practical advice that you would do well to follow.


This discussion has been closed.
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