Free legal aid

aaabbbb

Note: I've no interest in discussing this particular case at all anyone who does can go somewhere else

Any way I just happened to notice today while reading this article : http://www.rte.ie/news/2013/1018/481087-ohara/

That it mentions ," An application for free legal aid was deferred, but the detective sergeant told the court there was no garda objection to this "

Now I really don't want to speculate about the case or the accused financial affairs however , (I know the article said the application was deferred) but it's led me to wonder the following in general;

Can anyone avail of free legal aid ?

I've always just made the assumption it was for those who really couldn't afford it/have any means to make a reasonable defence, like those who are unemployed , disabled and unable to work or those only working part-time with no savings to fall back on etc.

Have I been mistaken for all this time ?!

AnonoBoy

aaabbbb wrote: »

Can anyone avail of free legal aid ?

Yeah. But you get only get amateur solicitors if you do.

The guys who actually work in hardware shops and in call centres and just do legal work in the evenings or on weekends in the hope that they'll get noticed and become big.

















Or is that standup comedians? I can never tell the difference.

hfallada

Im not sure on how you get it( but would you trust a free solicitor, when if they are decent they can make a killing working in private firms. I dont know many solicitors, who became solicitors to "help people"). But a judge refused a man free legal aid( he was arrested for trying to buy sex in a sting by a garda), because "if he has the money to spend on a lady of night, he can pay for a solicitor".

Knine

It is not Free Legal Aid though. I think it now costs €150 euro.

But to answer your question, I wondered what was going on too if the accused is a partner in a business.

BabysCoffee

I think anyone can get Free Legal Aid......but if I was charged with something serious and had the ability to pay, I think I'd rather go to the best I could afford rather than work with the court appointed legal team.

What if you were charged with murder and the court gives you legal representation of someone who has never done a murder defence before?!

I think I'd rather pay for someone who specialise in whatever I was charged with.

SEPT 23 1989

I like to represent myself in court especially for more serious crimes

BabysCoffee

SEPT 23 1989 wrote: »

I like to represent myself in court especially for more serious crimes

Free to you and doesn't even cost the state

aaabbbb

AnonoBoy wrote: »

Yeah. But you get only get amateur solicitors if you do.

The guys who actually work in hardware shops and in call centres and just do legal work in the evenings or on weekends in the hope that they'll get noticed and become big.
Or is that standup comedians? I can never tell the difference.

Id actually pay to see a comedian defend someone....



Quite possibly only for minor cases such as with drug addicts and the like or a game of Kangaroo court anything more serious and it could be just awkward !

Sunnyisland

Free legal aid is provided in some cases where clients can satisfy there means are below a certain level,and contrary to some myths the solicitors and barristers are not the end of the ladder,some of the best legal minds in the country have thriving legal aid practices,as it is a well paid state service.

wazky

I offer my legal services at very competitive prices, I haven't much in legal training or fancy degrees but I have been to court a good few times.

ballsymchugh

realies wrote: »

Free legal aid is provided in some cases where clients can satisfy there means are below a certain level,and contrary to some myths the solicitors and barristers are not the end of the ladder,some of the best legal minds in the country have thriving legal aid practices,as it is a well paid state service.

i'm pretty sure Abu Hamza's legal team in london were part of free legal aid. they frustrated the british government for years with appeal after appeal on technicalities and european law.

mikemac1

A few watching American TV here

Legal aid in Ireland doesn't get you some useless rookie who couldn't get a decent job.

All the biggest firms in Ireland will accept legal aid and some pull several hundred thousand euro iin legal aid fees every year.

Nadser

Not everyone is eligible - I wasn't a few years ago and had to pay (all good though, it was a misunderstanding, albeit one that cost me around €580)

aaabbbb

mikemac1 wrote: »

A few watching American TV here

Legal aid in Ireland doesn't get you some useless rookie who couldn't get a decent job.

All the biggest firms in Ireland will accept legal aid and some pull several hundred thousand euro iin legal aid fees every year.

Considering as you say most will accept legal aid , does the defendant get to choose their legal team if using legal aid ?

snubbleste

Anyone can get legal aid if they can convince the judge that they need it, even serving gardaí
http://www.rte.ie/news/2013/1001/477618-garda-child-abuse/

Cody Pomeray

AnonoBoy wrote: »

Yeah. But you get only get amateur solicitors if you do.

The exact opposite of this is true. Legal aid buys the best.

Cahir O'Higgins, Frank Buttimer, Yvonne Bambury, these are not names of people who work in call centres. They're some of the most well respected solicitors in Ireland. And they always earn the biggest legal aid fees.

To answer the OP, the architect's profession is hardly lucrative at the moment. I doubt many can afford to fund serious legal defences.

Banjo String

All we know is this man owned a business.

We don't know if he's a multi millionaire or in debt to the eyes.

aaabbbb

Cody Pomeray wrote: »

The exact opposite of this is true. Legal aid buys the best.

Cahir O'Higgins, Frank Buttimer, Yvonne Bambury, these are not names of people who work in call centres. They're some of the most well respected solicitors in Ireland. And they always earn the biggest legal aid fees.

To answer the OP, the architect's profession is hardly lucrative at the moment. I doubt many can afford to fund serious legal defences.

I wouldn't say so either but I'd always just assumed that anyone with a full time job and a normal decent wage wouldn't get legal aid unless there were extenuating circumstances or such. Obviously I've been mistaken :pac:

aaabbbb

Banjo String wrote: »

All we know is this man owned a business.

We don't know if he's a multi millionaire or in debt to the eyes.

I wouldn't say he's the former given the current climate. But as I said in the OP I don't wish to speculate about his financial affairs.

He had a normal full time job like millions of others , so I would have previously assumed that would rule anyone out of receiving legal aid

Basically I'd assumed you needed to be pretty much on the breadline to get it clearly I was wrong

Sala

Criminal legal aid is different to civil. You have to pay a contribution for civil, the means test is very strict and you end up on a waiting list for up to a year. The Solicitors work for the Legal Aid Board (apart from a limited private practitioners scheme) and mainly work in family law. The criminal ones are all private - presumably as the State couldn't employ people to defend them against the State who is the prosecutor. Criminal legal aid is not available for lower offences, or where you have enough money to pay a Solicitor for a less serious offence, but for something like murder, where the case could run into 6 figures, they will give it to you. They can't have people up on serious criminal charges without representation.

Frynge

aaabbbb wrote: »

Id actually pay to see a comedian defend someone....



Quite possibly only for minor cases such as with drug addicts and the like or a game of Kangaroo court anything more serious and it could be just awkward !

Watch "My Cousin Vinney"

catallus

Sala wrote: »

Criminal legal aid is different to civil. You have to pay a contribution for civil, the means test is very strict and you end up on a waiting list for up to a year. The Solicitors work for the Legal Aid Board (apart from a limited private practitioners scheme) and mainly work in family law. The criminal ones are all private - presumably as the State couldn't employ people to defend them against the State who is the prosecutor. Criminal legal aid is not available for lower offences, or where you have enough money to pay a Solicitor for a less serious offence, but for something like murder, where the case could run into 6 figures, they will give it to you. They can't have people up on serious criminal charges without representation.

I dunno about this. Don't repeat offenders coming before the district courts for "lower offences" almost automatically get legal aid?

Dj Grimreefer

aaabbbb wrote: »

Note: I've no interest in discussing this particular case at all anyone who does can go somewhere else

Well if you don't want us to discuss it thats exactly what were going to do,
so fill me in I don't know what it's about and can't be bothered clicking the link

Sala

catallus wrote: »

I dunno about this. Don't repeat offenders coming before the district courts for "lower offences" almost automatically get legal aid?

It depends on whether you are at risk (of going to prison). For a first time possession charge, say enough for a joint, or a minor Road Traffic offence, you probably won't get it. If you are at risk of going to prison, ie s3 assault, you will get it provided you don't have the income to pay a Solicitor. So say a teacher or account is in the DC on a RTO, they probably will have to pay their own way, but if they were accused of murder, drug smuggling, rape etc, it's likely they will get legal aid. It's too dangerous to send people before the criminal courts with no representation.

The Recidivists get it as 1) they are usually unemployed and 2) they are at risk, especially if they are on bail, have suspended sentences, and it looks really bad in sentencing if you already have a sting of convictions so what you or I might get away with, a Judge will send them to prison.

aaabbbb

Dj Grimreefer wrote: »

Well if you don't want us to discuss it thats exactly what were going to do,
so fill me in I don't know what it's about and can't be bothered clicking the link

Its about a gender confused person called Mr blobby . Who was confused because they liked girly things but were called Mr Blobby.

Mr blobby didn't like that their mother did this to them so they got hooked on gear and became a panda.

THE END.

Howard Juneau

BabysCoffee wrote: »

Free to you and doesn't even cost the state

Costs us, the taxpayers a fortune every time he's banged up!

catallus

Sala wrote: »

It depends on whether you are at risk (of going to prison). For a first time possession charge, say enough for a joint, or a minor Road Traffic offence, you probably won't get it. If you are at risk of going to prison, ie s3 assault, you will get it provided you don't have the income to pay a Solicitor. So say a teacher or account is in the DC on a RTO, they probably will have to pay their own way, but if they were accused of murder, drug smuggling, rape etc, it's likely they will get legal aid. It's too dangerous to send people before the criminal courts with no representation.

The Recidivists get it as 1) they are usually unemployed and 2) they are at risk, especially if they are on bail, have suspended sentences, and it looks really bad in sentencing if you already have a sting of convictions so what you or I might get away with, a Judge will send them to prison.

So the recidivists clog up the system and get legal aid for it. Maybe if they didn't get automatic representation then it would act as a deterrent against their ungodly ways.

Sala

catallus wrote: »

So the recidivists clog up the system and get legal aid for it. Maybe if they didn't get automatic representation then it would act as a deterrent against their ungodly ways.

It's not "automatic" but I know what you mean. The problem is if a Judge sentenced someone to prison when that person had no representation, is it due process? The conviction would be open to challenge. To ensure the people responsible for crimes pay for it means that we have to pay for their legal aid

catallus

Sala wrote: »

It's not "automatic" but I know what you mean. The problem is if a Judge sentenced someone to prison when that person had no representation, is it due process? The conviction would be open to challenge. To ensure the people responsible for crimes pay for it means that we have to pay for their legal aid

A judge has discretion and a mind of his own. If he sends someone to prison I'm willing to trust his judgment.

razorgil

catallus wrote: »

A judge has discretion and a mind of his own. If he sends someone to prison I'm willing to trust his judgment.

pity they don't use 'em too often though..

AnonoBoy

Cody Pomeray wrote: »

The exact opposite of this is true. Legal aid buys the best.

Cahir O'Higgins, Frank Buttimer, Yvonne Bambury, these are not names of people who work in call centres. They're some of the most well respected solicitors in Ireland. And they always earn the biggest legal aid fees.

Right. But if you read my post you'd see I was clearly joking.