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is there a time limit between being issued a summons and your court date?

  • 06-11-2013 11:39am
    #1
    Atletico_82
    Registered Users, Registered Users 2 Posts: 3 ✭


    roughly two yrs ago i got charged with public intoxication (drunk in public) after i couldnt tell the two officers where i lived. I had far far too much to drink and I was at fault.
    went traveling and came back and saw i had a fine to pay. I tried pAYing it by post but it was couple of days too late and i got a summons trough the post but it didnt have date on it. I rang the gards and they said i would be posted a date but I still havent recieved anytin. I was also due to move abroad as i had gotten a new job in spain and they said that was ok and i just needed someone (friend or family) to represent me in court.
    however i still havent recieved a date and it has been over a year and a half ago, and i am worried i could get in more trouble. Is it normal for the process to take this long? Or is there a certain time limit between the summons and court date at which the process is void?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Legal advice isn't allowed on this forum so I'll just give a couple of points for you to consider.

    1. A summons will show a court date. That date may or may not be the date that the matter is heard. Perhaps the matter was put back, maybe more than once or twice. The courts will have the details. You could ring the court office and ask the staff.

    2. You made a point about time limits. There seems to have been some delay. I would suggest that time limits should be checked by a solicitor if an argument is going to be made in that regard in court. It would be interesting to see when the complaint was made to the court. You could have this checked.


  • #3
    Atletico_82
    Registered Users, Registered Users 2 Posts: 3 ✭Atletico_82


    The Mustard wrote: »
    Legal advice isn't allowed on this forum so I'll just give a couple of points for you to consider.

    1. A summons will show a court date. That date may or may not be the date that the matter is heard. Perhaps the matter was put back, maybe more than once or twice. The courts will have the details. You could ring the court office and ask the staff.

    2. You made a point about time limits. There seems to have been some delay. I would suggest that time limits should be checked by a solicitor if an argument is going to be made in that regard in court. It would be interesting to see when the complaint was made to the court. You could have this checked.

    thanks, the letter/summons i recieved didnt have a date, but i recieved that 20months ago. I was just wondering if it was normal to not hear anything about it for so long. The original fine was only 100euro so dont why process is so drawn out


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Atletico_82 wrote: »
    thanks, the letter/summons i recieved didnt have a date, but i recieved that 20months ago. I was just wondering if it was normal to not hear anything about it for so long. The original fine was only 100euro so dont why process is so drawn out

    It's not clear from your posts what has happened here, exactly.

    I'm not sure from what you say whether that document is a summons. You need a solicitor to look at your papers. I would suggest that you go into FLAC, bring your paperwork and see a solicitor. It's a free service. Or go to any solicitor.


  • #5
    Atletico_82
    Registered Users, Registered Users 2 Posts: 3 ✭Atletico_82


    The Mustard wrote: »
    It's not clear from your posts what has happened here, exactly.

    I'm not sure from what you say whether that document is a summons. You need a solicitor to look at your papers. I would suggest that you go into FLAC, bring your paperwork and see a solicitor. It's a free service. Or go to any solicitor.

    well it was a letter stating I had a summons to court for not paying my 100euro fine in time for public intoxication, but it did not have a date for my court appearance. I have not received anything since or heard anything else about it in the 19 months since receiving the summons
    I live & work in madrid now so i cant go to flac but i will when im home at xmas


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Atletico_82 wrote: »
    well it was a letter stating I had a summons to court for not paying my 100euro fine in time for public intoxication, but it did not have a date for my court appearance.

    Okay, I get you now.

    I don't know whether a term of imprisonment was imposed in default of payment of the fine, but I would suggest that you should get the relevant papers (email copies, post them, whatever) to a solicitor to check the situation, as soon as possible.


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