Free legal aid (section 6 public order)

pudzey101

hi just received a summons tonight for something that happened back in 20th feb 2015 .

just wondering am i entitled to free legal aid , im on social welfare at the moment ?

johnnyskeleton

pudzey101 wrote: »

hi just received a summons tonight for something that happened back in 20th feb 2015 .

just wondering am i entitled to free legal aid , im on social welfare at the moment ?

Maybe if there is a risk of imprisonment or its a complex set of facts. But if its straightforward and youve no previous maybe not. Depends on the judge as well.

Ring a legal aid solicitor in your local area and see if they will apply for you.

esforum

Probable not but it depends. the Judge wont lock you up and throw away the key without giving you the chance to sort a solicitor out.

If its your first time and assuming it wasnt above the usual s6 offences you will get a caution (1.1 probation as its called)

pudzey101

thanks lads , and yeah its first time and no previous , just a stupid bit of shouting at a traffic warden for giving me a ticket over a year ago is all it was

haveringchick

You need to ring your local legal aid board or download an application form from their website and apply to your nearest board centre
Incidentally it's not "free" anymore, there will be a charge based on your means, even if you only have SW
I think it's unlikely they will take you on anyway
I wouldn't turn up in court without a solicitor
The Judge won't like it
Your temper tantrum at the traffic warden who was doing his or her job will end up costing you dear

johnnyskeleton

haveringchick wrote: »

You need to ring your local legal aid board or download an application form from their website and apply to your nearest board centre
Incidentally it's not "free" anymore, there will be a charge based on your means, even if you only have SW
I think it's unlikely they will take you on anyway
I wouldn't turn up in court without a solicitor
The Judge won't like it
Your temper tantrum at the traffic warden who was doing his or her job will end up costing you dear

I think hes inquiring about criminal legal aid rather than civil legal aid.

Pat Mustard

esforum wrote: »

If its your first time and assuming it wasnt above the usual s6 offences you will get a caution (1.1 probation as its called)

Mod:

This is legal advice, which is not allowed by forum charter.

Please be careful about that.

hullaballoo

Why were you not simply cautioned?

pudzey101

hullaballoo wrote: »

Why were you not simply cautioned?

thats the thing i was called down by the local inspector and giving a stern warning , (adult caution) and he said nothing more will be said about this unless it happens again , and then i got the court letter last night , should i call down and have a chat with the guards or get legal advice do ye think ?

Pat Mustard

pudzey101 wrote: »

should i call down and have a chat with the guards or get legal advice do ye think ?

I would say not to call down to Gardai now that you have received a summons.

Get a solicitor who is a good District Court practitioner and let him contact the guards on your behalf. You should ask around and get somebody to recommend a good solicitor to you.

It may be that the solicitor would be able to talk to the Gardai on your behalf before matters go to court.

pudzey101

thanks pat as per my original post im wondering will i get legal aid , few people i talked to said you dont if its public order and more said you do depending on what section it is , only one way to find out i guess , il keep ye updated

Pat Mustard

pudzey101 wrote: »

per my original post im wondering will i get legal aid

My advice to you would be to start saving a few quid for solicitor's fees and the possible cost of a fine/charitable donation.

hullaballoo

pudzey101 wrote: »

thats the thing i was called down by the local inspector and giving a stern warning , (adult caution) and he said nothing more will be said about this unless it happens again , and then i got the court letter last night , should i call down and have a chat with the guards or get legal advice do ye think ?

It sounds like it's possibly an error on AGS's part to have issued the summons having already given an adult caution. The only way to deal with the is to have a solicitor enquire on your behalf. Some solicitors would make that initial enquiry for a very small fee or free of charge, so it would be worth asking around.

pudzey101

im hopeless when it comes to legal jargon forgive me lol whats AGS ? im waiting on appointment to see solicitor at 4 o clock so il see how it goes from there

ohnonotgmail

pudzey101 wrote: »

im hopeless when it comes to legal jargon forgive me lol whats AGS ? im waiting on appointment to see solicitor at 4 o clock so il see how it goes from there

AGS = An Garda Siochana

Little CuChulainn

Sounds like they issued the summons without knowing you were cautioned. It would likely have been struck out had you brought up the caution in court or even just told the Garda.

pudzey101

sorted lads , explained my situation to the local inspector and he said he'll strike it out and have the accusing AGS send a letter of apology for inconvenience caused (not that i wanted a letter,just thankful i dont have to go to court )