arrested for intoxication - what next?

RoyalBaa

Hi,

I have been previously arrested twice for being drunk and disorderly and received an adult caution. A year later I was arrested again, for the same offence, and being aggressive and non-compliant with Gardaí. I was told I will be going to court. I am just wondering about the court process, when I will receive a letter and what the likely outcome/ punishment will be? Also, I'd appreciate it if I wasnt judged as I know I have some issues that I must deal with. Thanks

braddun

http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/public_order_offenses_in_ireland.html

braddun

http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0004.html

MarkAnthony

Hi Royal,

start dealing with those issues - see your GP get some referrals. Get into you local AA. All will help you down the road when you do finally go to court and in the long term even if it goes away you know yourself you need to get sorted.

The very best of luck - get on to a solicitor ASAP; legal aid may be available.

Bassfish

If it goes to court and by that time you have made genuine strides towards addressing whatever issues you have with alcohol and show genuine remorse, in all likelihood the judge will be lenient with you.
Good luck with it, the outcome will largely be determined by your own actions.

mickman

Maybe cut down on your drinking ?

RoyalBaa

Thanks for the above. just wondering what the worst possible outcome could be, as I'd rather prepare myself for the worst, just in case. I'm very concerned about getting a conviction, as it will determine whether or not I should continue with my college course, as my future career will require Garda vetting

MarkAnthony

No one can tell you with any certainty - what you're going to be aiming for is the application of the probation Act, which avoids a record. I very much doubt you'll be looking at prison which only really leaves a fine and of course a criminal record. The spent convictions legislation in imminent so this might not be a massive issue down the line.

Money spent on a solicitor at this point will be money very well spent. Get on to one first thing tomorrow.

Best of luck.

RoyalBaa

is it necessary to get a solicitor? money is quite tight atm, and especially if i'll have to pay a large fine. Im just not really sure how the whole court thing works :S

michael999999

RoyalBaa wrote: »

is it necessary to get a solicitor? money is quite tight atm, and especially if i'll have to pay a large fine. Im just not really sure how the whole court thing works :S

If you can afford to get so drunk as to resist arrest...

RoyalBaa

michael999999 wrote: »

If you can afford to get so drunk as to resist arrest...

I'm pretty sure a solicitor cost a lot more than a few drinks too many!!!

michael999999

RoyalBaa wrote: »

I'm pretty sure a solicitor cost a lot more than a few drinks too many!!!

Only if you can stick to having a few drinks, without getting arrested!

Which you can't!

Pat Mustard

mickman wrote: »

Maybe cut down on your drinking ?

michael999999 wrote: »

If you can afford to get so drunk as to resist arrest...

michael999999 wrote: »

Only if you can stick to having a few drinks, without getting arrested!

Which you can't!

Mod:

These posts have nothing to do with Legal Discussion and are off topic. You might get away with that if the posts were helpful or at the very least, in some way entertaining.

Your posts have not reached any of those standards.

No more off topic posting.

RoyalBaa

All I'm wondering is that in my situation, what are the benefits/ limitations of having a solicitor? I am concerned about the cost, but if it would definitely be recommended to get one, then i will certainly look into it!

MarkAnthony

A solicitor is going to be able to put your case forward in the best possible light. It will also show the judge - along with AA attendance - that you're serious about changing. Having a solicitor usually conveys that you understand the gravity of the situation. Furthermore a solicitor will know the Judge and what to say and not to say.

It boils down to this really: If you're looking to avoid a conviction you absolutely need a solicitor; no guarantees of course. If you're going to take your lumps you may not need one but you're more than likely going to end up with a conviction with all that entails for future plans.

Legal aid might be available.

heldel00

If you are concerned about this having an impact on your future career (you said previously about Garda getting being required) then I would find the price of a solicitor from somewhere and I would definitely do as previously suggested and join groups/meetings etc that would show you are on the right track

Kristopherus

RoyalBaa wrote: »

All I'm wondering is that in my situation, what are the benefits/ limitations of having a solicitor? I am concerned about the cost, but if it would definitely be recommended to get one, then i will certainly look into it!

€150.00 or so for a solicitor. If you address your issues and get your solr to highlight those good points you might get away with having to maks a donation to a charitable organisation. But if you get a grumpy judge, who might have a litany of similar cases then..........

the_syco

RoyalBaa wrote: »

is it necessary to get a solicitor? money is quite tight atm, and especially if i'll have to pay a large fine.

Get a solicitor, and ask how much of a donation to the poor box should you take out of the credit union via a loan.

Before you complain about how this will leave you broke, consider which is more important; no debt, or no job that requires garda vetting?

Perhaps consider going to the AA meetings rather than the weekly sessions before your next session costs you your freedom?

heldel00

^^^ +1 and if your future career is a concern then definitely have representation

(My now husband was lifted for this years ago. An much older gent was up just before him and he got off with a very minimal fine (even though he had tried to take a few swings at the Gardai). My fella got up (genuinely he had only given guff to the guard) and got whacked with a €1200 fine and that was with a solicitor representing him.
Being a young fella and having been lifted for this before will not work in your favour

RoyalBaa

ok, thanks for the info. I will definitely look into getting a solicitor. One more question. When should I be getting my letter with my court date? The arrest was a week ago. I just want to get it sorted ASAP, and don't want it lingering over me for months and months. Thanks.

MarkAnthony

RoyalBaa wrote: »

ok, thanks for the info. I will definitely look into getting a solicitor. One more question. When should I be getting my letter with my court date? The arrest was a week ago. I just want to get it sorted ASAP, and don't want it lingering over me for months and months. Thanks.

They've up to six months to issue the summons.

RoyalBaa

MarkAnthony wrote: »

They've up to six months to issue the summons.

Oh really? Ok, thanks. Hopefully it will be sooner than 6 months, as I may not be here for the summer.

MarkAnthony

RoyalBaa wrote: »

Oh really? Ok, thanks. Hopefully it will be sooner than 6 months, as I may not be here for the summer.

You'll need to make it back for the court date. Otherwise you will definitely need a solicitor to represent you in your absence. I'm not sure how that will look, or whether things can be postponed - at this point you should have spoken to a solicitor this morning so I'll leave it there. Other than to say most solicitors will give you a brief initial consult for free and to wish you the best of luck.

RoyalBaa

MarkAnthony wrote: »

You'll need to make it back for the court date. Otherwise you will definitely need a solicitor to represent you in your absence. I'm not sure how that will look, or whether things can be postponed - at this point you should have spoken to a solicitor this morning so I'll leave it there. Other than to say most solicitors will give you a brief initial consult for free and to wish you the best of luck.

Thanks MarkAnthony for the advice. I'll get onto a solicitor asap.