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Garda Adult Caution - how to proceed from here

  • 23-04-2018 12:58pm
    #1
    Registered Users, Registered Users 2 Posts: 11


    Hi all,

    I was arrested in October 2017 as I was drunk and being an idiot. I agreed to an adult caution and they released me a few hours later.

    I can remember signing the form to get my property back but couldn't say 100% if I signed anything else as I was still far from clear headed by then.

    The Garda told me as I was leaving that I would be contacted in the next few days and I would have to call into the station. The first call came almost 3 months later which I stupidly missed as I mistook it as a work call I didn't want to answer. Complete stupidity on my part.

    The next contact came a few weeks later and I managed to get talking to the arresting Garda. He said he was going to arrange an appointment for me to drop in and he would be in touch in the next few days.

    He also asked for my email address as understandly I think he thought I was messing him around. I 100% wasn't!

    It was around the time of the snow and I presumed that was delaying things when I didn't hear anything

    This is the last contact I had with him. I have checked my email every single day and been very conscious of phone calls and there hasn't been anything.

    I got a call on Saturday from a landline which I thought was going to be the Garda but it turns out it wasn't so I started looking into the situation a bit more.

    In my naivety I thought that I had already received the caution and calling into the station part was just a formality - Google and previous threads here have now shown me that is not the case at all.

    I made a phone call to the station on Saturday and left name/number for the Garda to call me. They told me he was back on Sunday night. I am guessing that means a week of night shifts and they probably don't call people that late at night.

    My main concern is he took my email down wrong or something and thinks I ignored contact again.

    As it's over 6 months since the arrest I am completely freaked out now and don't know what to do.

    Sorry this is so long. I would really appreciate any advice.


Comments

  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Firstly I’d say relax a bit. You’ve done your bit by agreeing to the caution. The Garda is to make the appointment with you and that his responsibility.

    If you want to try ringing the station again tonight his shift should start at 9pm tonight and I think he will be on 4 days off and not back till Saturday.

    I’d say he took your email as it can be easier to reach people via email than by phone.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    If more than 6 months has elapsed they cannot apply for a summons, so you could refuse their kind offer of a caution.

    Problem being he has already agreed to it.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Site Banned Posts: 28 FelchWivMe


    just go down there and hand yourself in, man. No point running from the law, you'll only regret it. Just say your goodbyes to everyone, settle up any affairs and debts, and go down to that station. Do your time and you'll come out the other side a better person.


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  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    What can they do if he now changes his mind? Nothing.

    There is no changing his mind. The adult caution is a substitute for a persons first minor offence. To receive the caution he must admit guilt and be willing to receive the caution. He has done that. There is no mechanism to refute the caution once agreed.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    Get a solicitor and sue the pants off them for harassment.


  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Thanks for the replies Fred and lmklad.

    Tbh I deserve the caution due to my behaviour so I don't have issue with that.

    The reason for my concern is I believe they can redact the caution and return to court appearance/criminal prosecution if the person has provided false information or does not comply.

    I think I many have signed something agreeing to the caution as I was leaving but can't be sure.

    My job requires international travel so a court conviction would be a disaster.

    Sorry for the hysterics and thanks a lot for taking time to be helpful.


  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Thanks for the replies Fred and lmklad.

    Tbh I deserve the caution due to my behaviour so I don't have issue with that.

    The reason for my concern is I believe they can redact the caution and return to court appearance/criminal prosecution if the person has provided false information or does not comply.

    I think I many have signed something agreeing to the caution as I was leaving but can't be sure.

    My job requires international travel so a court conviction would be a disaster.

    Sorry for the hysterics and thanks a lot for taking time to be helpful.

    You are worried about this, so try and contact the guard tonight. Failing that contact the station tomorrow and ask to speak to an inspector as they are the ones who issue the caution. You may be able to make an appointment directly.


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  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Lmklad wrote: »
    Thanks for the replies Fred and lmklad.

    Tbh I deserve the caution due to my behaviour so I don't have issue with that.

    The reason for my concern is I believe they can redact the caution and return to court appearance/criminal prosecution if the person has provided false information or does not comply.

    I think I many have signed something agreeing to the caution as I was leaving but can't be sure.

    My job requires international travel so a court conviction would be a disaster.

    Sorry for the hysterics and thanks a lot for taking time to be helpful.

    You are worried about this, so try and contact the guard tonight. Failing that contact the station tomorrow and ask to speak to an inspector as they are the ones who issue the caution. You may be able to make an appointment directly.


    Hi,

    Thanks. Yes I tried to call a few minutes ago. They are now telling me he is back on Saturday. Sounds like bull**** tbh.

    Is there any way I can find out what my current situation is as far as the Gardai are concerned?

    He is not based in the station I was detained in but I live close enough to it. Would calling in there be of any use?

    My experience with the desk hasn't been great when dealing with innocuous things like forms so a bit reluctant.


  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Not BS. He probably took tonight off and his days off start tomorrow. They work six on four off so he wouldn’t be back till Saturday.

    If it was me I just ring during the morning and ask to speak with an inspector. It’s that rank that does the cautions anyway so may as well talk directly to that person.


  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Hi lmklad,

    Maybe I misunderstand but when I called on Saturday afternoon they said he wasn't working Saturday and was back Sunday night.

    Last night they told me he was back Saturday. Doesn't seem to add up to me.

    Got a similar answer a few months ago but I did get to speak to him within in hour. Just seems like a fob off each time.

    I will try the inspector thing when I have some free time. Probably tomorrow morning.

    If anybody has any other suggestions or advice I would be very thankful.

    Cheers


  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Hi all

    So I went to the station this morning to ask. Firstly the two Gardai I spoke to at the desk were extraordinarily nice and helpful so kudos to them.

    I gave them my details, the name of the arresting Garda, address etc. and they came back to say they couldn't find me on the system?

    So I don't know if that means I somehow fell off and just handed myself in for a caution I wouldn't have received or it has moved past that point to a summons which doesn't show up for them?

    The Garda confirmed after 6 months a caution changes to a summons but she said this can be reversed also depending on the circumstances.

    The Garda is in fact expected to be back on Saturday as I was told the other night.

    They are going to pass my details to him via email.

    I'd be happy to just take the caution and be on my way at this point but if anybody knows the ins and outs of the system I would appreciate your thoughts.

    Thanks


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Given that you are apparently not on the system after this length of time, it is quite possible that you may get off with no caution and no summons. You should certainly not sign any new admissions or statements without talking to a solicitor first.


  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Hi Zub,

    Thank you for the input. As I am relatively young and my naivety of the law is clear from this thread I have never had any dealings with a solicitor and don't want to inform my family of the situation.

    Presumably they can gain access to my current status as far as AGS are concerned? I also have no idea how much it costs to consult one.

    Would like to hear yours and others advice.

    Many thanks


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Thank you for the input. As I am relatively young and my naivety of the law is clear from this thread I have never had any dealings with a solicitor and don't want to inform my family of the situation.

    A solicitor is absolutely not allowed tell your family anything.


  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Thank you for the input. As I am relatively young and my naivety of the law is clear from this thread I have never had any dealings with a solicitor and don't want to inform my family of the situation.

    A solicitor is absolutely not allowed tell your family anything.

    Oh yes I understand that. I worded it poorly. I meant my family would have a solicitor but I don't want to involve them.

    I have had no dealings with solicitors or the legal profession myself but have always been under the impression it costs a small fortune to even speak with them.

    Thank you


  • Registered Users, Registered Users 2 Posts: 11 wonderohwonder


    Hi again,

    Sorry to keep dragging this up..

    True to form there is still no contact from the Garda. I am reluctant to keep calling as I don't want to piss them off either.

    Is it a straight forward thing to go to a solicitor and for them to verify my current status with the Gardai or is there a way I can access this myself?

    Thanks in advance for any replies.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Hi again,

    Sorry to keep dragging this up..

    True to form there is still no contact from the Garda. I am reluctant to keep calling as I don't want to piss them off either.

    Is it a straight forward thing to go to a solicitor and for them to verify my current status with the Gardai or is there a way I can access this myself?

    Thanks in advance for any replies.


    Id call the superintendent directly. You will get an answer.


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