Advice needed re proposed arrest.

Glass fused light

giarcdear wrote: »

are the Garda obliged to inform me of my right to legal advice

The caution informs you of your rights, common sense would should kick in when the Garda mentions arrest which could lead to a criminal record, that you need a specialist ie a solicitor to insure that you minimise the risk of a poor outcome.

meathstevie

giarcdear wrote: »

unfortunately there is a lot of background stuff i can't say.

there was no dmg done to their car what so ever.

If that's the case than that's what you tell the Garda conducting the interview. With or without a solicitor you can tell the Gardai your version of events during interview and you can answer or decline to answer their questions as you see fit. The content of the interview will be part of the evidence in the investigation. Ultimately it really is as simple as that.

What happens after is a decision that will be made when the investigation is complete. You could ultimately be prosecuted and found guilty/not guilty or the available evidence could be assessed as being insufficient or too weak to base a prosecution on and nothing further will happen.

By the way, an arrest is pretty much a tool to facilitate an investigation. In itself it does nothing to your criminal record.

4ensic15

meathstevie wrote: »

If that's the case than that's what you tell the Garda conducting the interview. With or without a solicitor you can tell the Gardai your version of events during interview and you can answer or decline to answer their questions as you see fit. The content of the interview will be part of the evidence in the investigation. Ultimately it really is as simple as that.

What happens after is a decision that will be made when the investigation is complete. You could ultimately be prosecuted and found guilty/not guilty or the available evidence could be assessed as being insufficient or too weak to base a prosecution on and nothing further will happen.

By the way, an arrest is pretty much a tool to facilitate an investigation. In itself it does nothing to your criminal record.

An arrest often has to be disclosed in applying for a visa. Nobody should say anything until they have legal advice. I take it it is against the charter to tell peoiple what to say as well as what not to say, so I will stop there.

feargale

giarcdear wrote: »

unfortunately there is a lot of background stuff i can't say.

How do you expect to get any worthwhile advice here if you are not telling the whole story? Off with you to a solicitor and be sure to tell him the whole story.

TallGlass

Right, this isn't legal advise. However, what you've described to me is a civil matter, you slipping in someones drive, or slipping in Tesco is no different, it's like Tesco saying your broke there fridge cause you slipped.

Anyways, the Garda wouldn't be arresting anyone for slipping nor be pursuing the matter. It's civil, as far as I can tell. Which lead me to my next point, you seem to be a bit hit and miss with the details here, as in your not up front, someone has to ask you and then you revel. My advise is, if you do get legal rep, not be as hostile.

Glass fused light

meathstevie wrote: »

If that's the case than that's what you tell the Garda conducting the interview. With or without a solicitor you can tell the Gardai your version of events during interview and you can answer or decline to answer their questions as you see fit. The content of the interview will be part of the evidence in the investigation. Ultimately it really is as simple as that.

What happens after is a decision that will be made when the investigation is complete. You could ultimately be prosecuted and found guilty/not guilty or the available evidence could be assessed as being insufficient or too weak to base a prosecution on and nothing further will happen.

By the way, an arrest is pretty much a tool to facilitate an investigation. In itself it does nothing to your criminal record.

The best way for the Garda to obtain collaborating evidence is for the OP to "tell his version", if there is a possibility of arrest get a solicitor involved ASAP. An arrest by a Garda can lead to a civil case of unlawful detention, so if the Garda is willing to go that far over one incident they are sure of their evidence, however it's just as likely that as this is ongoing behaviours a harassment charge is also an option. The arrest is recorded and can be disclosable on some Garda vetting eg for work with childern or vulnerable adults.

giarcdear

OK sorry for the delayed update but a BM messaged me re a similar issue

anyways, 7 court appearances later during covid where AGS and my accuser only showed up 1 time, my case was eventually struck out, as AGS and my accuser never showed up the last time, which was NOV22, this fecking thing was hanging over me for 4yrs but eventually sorted

thanks to all who replied to this thread.

GerardKeating

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Claw Hammer

In general it is very unwise to make any statement in circumstances like this. You should only do so after taking legal advice.

An un-cautioned statement may be inadmissible. It is much easier for the guards if you make a statement whilst under arrest and the statement is video recorded.

It sounds like a shakedown.