Assault Charge Setup pls help!

larry20151

Charged with assault causing harm. Need some advice. Have solicitor. Not sure what to expect.

Modified the post slightly.

Losty Dublin

1) Consult your solicitor for proper advice.

2) If you don't trust them then you should take on another one, either from the same firm or another firm. Given that you are facing criminal charges, a solicitor with a good understanding of district court cases may well be of more help to you.

3) Best of luck.

larry20151

1) I have done so today and am following his guidelines now.

2) Its a small firm, im certainly not short of cash, there a small firm in Wicklow actually.
I could quite easily afford to go with a bigger firm if it benefitted me. My solicitor said to me today he could call a barrister in if he feels this is touch and go. He is reserving judgement until he sees the evidence against me.

3) Thanks man. Worried puking sick about this now.

MarkAnthony

In concert with your solicitor it might be worth making a cross complaint, ref assault but also the extortion angle might have some legs. Guards faced with having to do an investigation into the extortion angle (requesting phone records etc.) might just go quiet on all fronts and hope you all go away.

Speak to your solicitor. If you think he's a gobsh!te, get someone else.

larry20151

MarkAnthony wrote: »

In concert with your solicitor it might be worth making a cross complaint, ref assault but also the extortion angle might have some legs. Guards faced with having to do an investigation into the extortion angle (requesting phone records etc.) might just go quiet on all fronts and hope you all go away.

Speak to your solicitor. If you think he's a gobsh!te, get someone else.

Im not convinced on him. Im not a genius but im genius level at reading personalitys and people quite quickly and I wasn't at all convinced tbh the more I think about it. I might well give him a chance though switch it up at a later point if I need too. Basically im evaluating him as we proceed.

My solicitor in fairness said hes going to request a summonce for these texts. Can anyone confirm this is actually possible? as far as im aware all mobile ISP companys o2 VF 3 etc have to store all texts. im not 100% on that but im pretty sure ive heard that before. For this very reason a summonce being issued. Due to the nature of my job and the importance I have a clean record I feel it would be necessary.

larry20151

Mods can I post my solicitors name and request feedback on the forum?

MarkAnthony

Is it possible? Yes I've seen them in case files. The legal process involved would not be something I can help you with I'm afraid.

larry20151

Fortunately im a network administrator by trade and I am fairly confident I can retrieve them myself with the correct data cable. Which I am trying to purchase. The phone is a Nokia2323c Manufact around 2009 so its proving quite difficult. Should be possible though.

Failing this if I could fall back on a summonce that would be great.

Pro Hoc Vice

larry20151 wrote: »

1) I have done so today and am following his guidelines now.

2) Its a small firm, im certainly not short of cash, there a small firm in Wicklow actually.
I could quite easily afford to go with a bigger firm if it benefitted me. My solicitor said to me today he could call a barrister in if he feels this is touch and go. He is reserving judgement until he sees the evidence against me.

3) Thanks man. Worried puking sick about this now.

So you are worried because solicitor could not guarantee you would not get jail time on a section 3, even though he had not seen the evidence. What do you think he is a mind reader.

Your first mistake was not going to a solicitor before AGS. But now you have to deal with your own statement, why o why don't people listen when AGS say "you have the right to say Nothing, but ANYTHING you do say will by taken down in writing and may be used."

I have seen first offence section 3's ending in strike out probation of offenders, fine, suspended sentence and in some cases jail time. So you solicitor was 100% correct to say what he did, and based on the copy statements will be able to give a better idea.

Pro Hoc Vice

larry20151 wrote: »

Fortunately im a network administrator by trade and I am fairly confident I can retrieve them myself with the correct data cable. Which I am trying to purchase. The phone is a Nokia2323c Manufact around 2009 so its proving quite difficult. Should be possible though.

Failing this if I could fall back on a summonce that would be great.

And how are you going to enter that information into evidence. Take advice from you solicitor on this. Also be very careful such text messages will show an assault took place and an apology from you could be seen by a DJ as admission. Please for you own sanity and to make the best of your own case stop playing CSI leave it to the professionals.

Pro Hoc Vice

larry20151 wrote: »

Im not convinced on him. Im not a genius but im genius level at reading personalitys and people quite quickly and I wasn't at all convinced tbh the more I think about it. I might well give him a chance though switch it up at a later point if I need too. Basically im evaluating him as we proceed.

My solicitor in fairness said hes going to request a summonce for these texts. Can anyone confirm this is actually possible? as far as im aware all mobile ISP companys o2 VF 3 etc have to store all texts. im not 100% on that but im pretty sure ive heard that before. For this very reason a summonce being issued. Due to the nature of my job and the importance I have a clean record I feel it would be necessary.

If I was your solicitor I would be evaluating you, you either trust the guy or you don't if you don't move on but be careful in my personal opinion you are approaching this like a bull in a china shop. Get advice from friends on solicitor, if you are really worried get Barrister as well, go visit local DC on crime day and watch and listen, see who is getting results.

In relation to texts yes they can be retrieved but that could be a double edged sword.

Pat Mustard

larry20151 wrote: »

Mods can I post my solicitors name and request feedback on the forum?

Mod:

Please don't do that. We don't know who you are, what you intend to say and we have no way of verifying the facts of your story.

This isn't a forum for reviews of solicitors, good or bad.

Your details of your story are peculiar and if they are correct they will be recognizable to those involved.

You also asked about what is the maximum sentence that you can get. That was a request for legal advice, which is not allowed. Please read the forum charter before posting again.

You have a solicitor. You should ask him for legal advice instead of random people on the internet.

Little CuChulainn

Have you made a counter complaint to the Gardaí for the blackmail and assault? I would have thought this would be the first thing someone would do. The Gardaí would have a much better chance of recovering the texts and may not look so kindly on it.

larry20151

Some good advice but some of the negative stuff its easy to say when your not the one who has no previous a decent citizen and is being stitched up by a low life.

FreudianSlippers

If it was me, I'd opt for a barrister who specialises in the area.

Victor

I've no idea of the facts.

larry20151 wrote: »

3) Thanks man. Worried puking sick about this now.

Then work on your mitigation. Counselling. Anger management. Charitable work. Possibly compensation (this should only go via solicitor).