Friend missing court date

Kali_Kalika

I'm sure you've heard this plenty of times - but I'm here asking for a friend (trust me, I'm not the type to get into this situation!)

Earlier this month he was arrested/detained for walking in the road while "intoxicated" - it says on his paperwork "Contrary to Section 4 of the Criminal Justice (Public Order) Act, 1994 as amended by section 22 of the Intoxicating Liquor Act 2008.

His court date is next week and he says he will go to it, but not at the time stated as he "needs" to collect his dole on the way to court.

I'm not looking for "tell him to go" or similar advice - I'm wondering what will happen WHEN he doesn't show up on time (his time is 10:30 he's saying he'll be there by 11)

I've tried to warn him of warrants out for his arrest but he tells me that I'm wrong. Which, fair enough, I'm not Irish or a Cop or a Solicitor but even an average street moron like myself can figure out not showing up in court HAS to have some consquence. I've read up on Citizens Advice - and it says there (basically) they will either have the court date without him being there or will adjourn it to another date - is this correct? Which is more likely for the charge he recieved?

Boombastic

It depends what time the judge actually calls the case at he might not call it first. .. sounds like your friend knows how it goes

Kali_Kalika

Boombastic wrote: »

It depends what time the judge actually calls the case at he might not call it first. .. sounds like your friend knows how it goes

From the sounds of it he's been in court before. The paperwork he got that night at the station says the date he's up in court and a time - he says he'll go on the day but he'll be late ..... is that REALLY going to fly or is he dreaming as typical?

lollsangel

Is the post office 2 hours from the courthouse?

Boombastic

Kali_Kalika wrote: »

From the sounds of it he's been in court before. The paperwork he got that night at the station says the date he's up in court and a time - he says he'll go on the day but he'll be late ..... is that REALLY going to fly or is he dreaming as typical?

No it will not fly. If the judge calls him up and he's not there the judge will not be impressed.

The time on the paperwork is not the exact time he will be up at. More of when the Court sits.

Btw if he is a no show and the is no one there to speak for him a warrant could be issued.

Kali_Kalika

lollsangel wrote: »

Is the post office 2 hours from the courthouse?

Yes. For him it is. He lives in the midlands and court is southside dublin - so yes - travel time is 2hours 45 minutes (minimum, all things running on time, etc etc)

As I said - these things were not relevant to my question but thank you for asking. And a bigger thank you to those who actually answered what I asked.

Kali_Kalika

Boombastic wrote: »

No it will not fly. If the judge calls him up and he's not there the judge will not be impressed.

The time on the paperwork is not the exact time he will be up at. More of when the Court sits.

Thanks - this pretty much answered what I was asking. I didn't know if the time shown was his exact time (like an appointment) or if it was a general be here at that time so your ready when he calls you type thing - I wasnt really finding that info on Citizens Advice, etc - so thanks for answering that.

Since you were clear on answering that I'll direct another question to you

If he's not there when he IS called - what will most likely happen then? Will they proceed without him or reschedule (those seem to be the 2 options that Citizens Advice give) - or is there something else?

Kali_Kalika

Boombastic wrote: »

Btw if he is a no show and the is no one there to speak for him a warrant could be issued.

Regarding your edit: He said he will be asking for free legal aid on the day - so if he's not there to answer for himself or to ask for the free legal aid - then it appears no one will be speaking for him - so a warrant would be likely then in that case?

coylemj

Kali_Kalika wrote: »

I've read up on Citizens Advice - and it says there (basically) they will either have the court date without him being there or will adjourn it to another date - is this correct? Which is more likely for the charge he recieved?

They definitely won't adjourn a relatively minor charge like that if he is not there and not represented, more like the judge will hear the case and hand down a fine.

The maximum penalty for that offence is €500 with no option of a term of imprisonment so it's very unlikely that a bench (arrest) warrant will be issued.

Not showing up will probably result in a much higher fine so he really should make an effort, probably plead guilty, make a grovelling apology and hope the judge is in a good mood.

Boombastic

Kali_Kalika wrote: »

Thanks - this pretty much answered what I was asking. I didn't know if the time shown was his exact time (like an appointment) or if it was a general be here at that time so your ready when he calls you type thing - I wasnt really finding that info on Citizens Advice, etc - so thanks for answering that.

Since you were clear on answering that I'll direct another question to you

If he's not there when he IS called - what will most likely happen then? Will they proceed without him or reschedule (those seem to be the 2 options that Citizens Advice give) - or is there something else?

It depends on what the judge decides.
Reschedule/ proceed on absence/warrant

I have no idea which would be most likely


But be warned the judge in most cases come down with harder penalties for no shows.

Shelflife

He could always pick up his dole after the court case or the following day. Bit silly to chance annoying a judge and getting a higher fine as a result .

L1m1tless

You can usually collect the dole the next day

ABajaninCork

It's three days to collect the dole. You can also collect it a day earlier.

Your friend probably needs the money to pay the fare to Dublin. I'd tell him to collect it earlier, and show up to court on time.

Fred Swanson

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Arthur Beesley

Why are you even bothering when he doesn't care?

Santa Cruz

coylemj wrote: »

They definitely won't adjourn a relatively minor charge like that if he is not there and not represented, more like the judge will hear the case and hand down a fine.

The maximum penalty for that offence is €500 with no option of a term of imprisonment so it's very unlikely that a bench (arrest) warrant will be issued.

Not showing up will probably result in a much higher fine so he really should make an effort, probably plead guilty, make a grovelling apology and hope the judge is in a good mood.

Incorrect. As it is only a few weeks from the offence I presume that he signed a bail bond as a summons would not be issued in such short time. If he is not in court the Gardai is obliged to request that a warrant be issued. Failure to answer bail is an offence in itself under Section 13 Criminal Justice Act

Little CuChulainn

If he is called and he is not there the judge may put it back to a second calling. On the other hand he may ask the Garda how he wishes to proceed. The Garda will either look for a bench warrant or to proceed with the case in his absence as it's relatively minor. The most likely outcome will be a bench warrant for his arrest. He'll then saunter in at his own pace, be arrested and have to wait until the bench warrant is executed before an annoyed judge.

ABajaninCork

Fred Swanson wrote: »

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It's not. Several years ago, I had to go home to London in a hurry. Phoned Welfare and explained my situation. They told me the money's actually in the PO from the day before and I could collect it then.

Shelflife

ABajaninCork wrote: »

It's not. Several years ago, I had to go home to London in a hurry. Phoned Welfare and explained my situation. They told me the money's actually in the PO from the day before and I could collect it then.

Not anymore, only collectable on the day and 2-3 days later.

roadsmart

Unless your friend is extremely unlucky there's very little chance of his case being called before 11am.

Fred Swanson

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Little CuChulainn

Fred Swanson wrote: »

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Depends on the court doesn't it?

roadsmart

Little CuChulainn wrote: »

Depends on the court doesn't it?

Yes. Country courts are like that, but the city courts also have business to sort before the first case is called and that usually takes up the first short while. It could happen that he's called very first case, but it's very unlikely.

ABajaninCork

Shelflife wrote: »

Not anymore, only collectable on the day and 2-3 days later.

No. I collect mine on Mondays and it's actually due Tuesday.

Santa Cruz

Little CuChulainn wrote: »

If he is called and he is not there the judge may put it back to a second calling. On the other hand he may ask the Garda how he wishes to proceed. The Garda will either look for a bench warrant or to proceed with the case in his absence as it's relatively minor. The most likely outcome will be a bench warrant for his arrest. He'll then saunter in at his own pace, be arrested and have to wait until the bench warrant is executed before an annoyed judge.

That won't happen if the Garda has left the court.
What will happen is that a warrant will be sent out to his local station and depending on the local Gardai he will get a knock on the door some morning. If living in the country he might be remanded in custody from the local District court to a sitting of the court in Dublin.

Even if he turns up late the pissed off Judge could remand him in custody overnight to put some manners on him