Legal help for upcoming book..

Pcunningham

Hi Guys,

I'm writing a book at the minute and I'm looking for some Legal advice, I just want to get things right before I put them in the book, if anyone can help I'd really appreciate it....

Basically the character of my book is a blackmailer. He would be in the 'revenge porn' category, (pay me or the photos and videos go online) In the book he's just been arrested and this is where I need some assistance.

I've read up on the Law's regarding blackmail and I understand that he faces 14 years maximum if convicted. If he pleads guilty straight after his arrested does this mean there will be no trial? What happens then? Is there simply a sentencing hearing where a Judge and no Jury will decide on his sentence?

What happens in the meantime after his arrest. I understand that the Guardaí either have to charge or release a person after a certain period of time, but if he is refused bail am I correct in saying that he is held in remand until sentencing?

And finally, if he cannot afford legal representation, does he get a state appointed solicitor? At what point would this happen?

Sorry if my questions are a bit all over the place.... I just want to get the correct info before I move on with the book.

Cheers.

Paul.

Little CuChulainn

Gardaí can arrest someone to investigate the crime. They can only hold that person for a certain length of time and then must release or charge them. Once a person is charged they must be given station bail or brought to the next sitting of the district court. Once in court the judge will decide on jurisdiction. This often depends on what the DPP has directed. The DPP may agree to district court or might only agree to district court if the accused is pleading guilty. After jurisdiction is decided the judge , either the original one if he accepted jurisdiction or the circuit court one if not, will look for a plea. If it is guilty he will decide on bail and probably put the matter forward for sentancing. If the accused pleads not guilty their solicitor will probably request all evidence against their client be handed over and the matter to be put forward for a future date. That's a very basic run down of the process.

jenny smith

Pcunningham wrote: »

Hi Guys,

I'm writing a book at the minute and I'm looking for some Legal advice, I just want to get things right before I put them in the book, if anyone can help I'd really appreciate it....

Basically the character of my book is a blackmailer. He would be in the 'revenge porn' category, (pay me or the photos and videos go online) In the book he's just been arrested and this is where I need some assistance.

I've read up on the Law's regarding blackmail and I understand that he faces 14 years maximum if convicted. If he pleads guilty straight after his arrested does this mean there will be no trial? What happens then? Is there simply a sentencing hearing where a Judge and no Jury will decide on his sentence?

What happens in the meantime after his arrest. I understand that the Guardaí either have to charge or release a person after a certain period of time, but if he is refused bail am I correct in saying that he is held in remand until sentencing?

And finally, if he cannot afford legal representation, does he get a state appointed solicitor? At what point would this happen?

Sorry if my questions are a bit all over the place.... I just want to get the correct info before I move on with the book.

Cheers.

Paul.

see
http://www.citizensinformation.ie/en/justice/legal_aid_and_advice/criminal_legal_aid.html