Going to the Gardai pressing charges, what happens after

raher1

Hi
I am thinking of pressing charges against a person with the Gardai. How does work, what are the procedures.
Its all new to me.
I don't want to do this but I feel my hand has being forced.

endacl

You don’t ‘press charges’. The DPP does. You only report the allegation. Out of your hands then.

Victor

Write everything down **now**.

Get any other evidence that **you** (not others) have, e.g. video.

Go to Garda.

If there is a risk that you committed an offence, go to solicitor before going to Garda.

If it is a serious matter and the Garda gives you the run around, go to solicitor.

GM228

endacl wrote: »

You don’t ‘press charges’. The DPP does. You only report the allegation. Out of your hands then.

There's always the option of a private prosecution, any body can bring charges.

sexmag

Is this about the personal picture that was uploaded to social media but you don't know what it is nor have you seen it?

Sexmag
Where do you get this- is there another relate thread?
Closing this thread while awaiting your reply

the_syco

If it's related to the below;

raher1 wrote: »

In my house and I was about to take shower

Apart from knowing that someone has taken the photo, do you have any proof of who took the photo? Without proof of who took it, you risk libel or slanders charges being held against you by the person you claim to have taken the picture.

splinter65

raher1 wrote: »

Hi
I am thinking of pressing charges against a person with the Gardai. How does work, what are the procedures.
Its all new to me.
I don't want to do this but I feel my hand has being forced.

In American Cop shows the police ask an alleged victim if he/she wants to “press charges”.
In Ireland an alleged victim can report an alleged crime and the Gardai will take a statement.
The Gardai investigate the allegation and then if they think a crime has taken place they will take it further.
What law do you think has been broken? What witnesses have you spoken to? What evidence have you got?

raher1

It's all related. There one person who holds a grudge again me and spread malicious gossip against me. That person has convinced some that people of this and this lead to the photograph.
I want to press against the malicious gossip person.
That person targeted young people so I wouldn't hear it. You couldn't write it.

the_syco wrote: »

If it's related to the below;

Apart from knowing that someone has taken the photo, do you have any proof of who took the photo? Without proof of who took it, you risk libel or slanders charges being held against you by the person you claim to have taken the picture.

splinter65

raher1 wrote: »

It's all related. There one person who holds a grudge again me and spread malicious gossip against me. That person has convinced some that people of this and this lead to the photograph.
I want to press against the malicious gossip person.
That person targeted young people so I wouldn't hear it. You couldn't write it.

But what crime do you think the Gardai could charge this person with? What law have they broken?

ArthurG

raher1 wrote: »

I want to press against the malicious gossip person.

I'd avoid doing that if I were you.....

raher1

Slander and destroying my good name, insight people to volience

splinter65 wrote: »

But what crime do you think the Gardai could charge this person with? What law have they broken?

raher1

I know, I am not one for lies myself, I like to be positive towards people.

ArthurG wrote: »

I'd avoid doing that if I were you.....

raher1

I have had my good name slandered and there has being a threat of voilence made.
I have spoken to one individual and he confirms what I heard but he wouldn't help as he is married with kids etc etc.

splinter65 wrote: »

In American Cop shows the police ask an alleged victim if he/she wants to “press charges”.
In Ireland an alleged victim can report an alleged crime and the Gardai will take a statement.
The Gardai investigate the allegation and then if they think a crime has taken place they will take it further.
What law do you think has been broken? What witnesses have you spoken to? What evidence have you got?

ArthurG

You’ve been going on about this for months. If it’s troubling you so much go and speak to the Gardai. Talking about it on here won’t help you. No one here can tell you what the Gardai will say. Go and talk to them.

Get Real

raher1 wrote: »

Slander and destroying my good name, insight people to volience

You can take a civil case for slander and Sue them for damages.

It's not a criminal offence to slander a person's good name i.e, a person can't be arrested or put in prison for it.

Avatar MIA

It's the threat (verifiable?) Of violence that will only be of interest to the gardai.

goat2

Have any of the people that has said that you were slandered by this person promised you that they would go to court and swear on this, do you have witnesses to all of this,

Dial Hard

Slander disappeared off the statute books years ago. It's defamation. And based on the information you've posted here over the past few months, you don't even have the basis for a civil case.

c.p.w.g.w

raher1 wrote: »

It's all related. There one person who holds a grudge again me and spread malicious gossip against me. That person has convinced some that people of this and this lead to the photograph.
I want to press against the malicious gossip person.
That person targeted young people so I wouldn't hear it. You couldn't write it.

Seems like a civil matter, solicitor is probably were you need to go

c.p.w.g.w

Dial Hard wrote: »

Slander disappeared off the statute books years ago. It's defamation. And based on the information you've posted here over the past few months, you don't even have the basis for a civil case.

Something like that happened to a work colleague. Somebody was spreading rumours about them, he didn't have enough proof. So they got creative and threatened to make a false criminal allegation* against them unless they made it known that the rumours were untrue.

It worked very well, because if they went through with it, the person spreading the rumours would probably have lost their job and family.


*It's illegal to knowingly make a false claim to the guards.

raher1

I have got legal advice from a solicitor but he wants 5k to start proceeding. I am doing some asking around just to confirm my it's true. I have no experience of this or any legal action.

c.p.w.g.w wrote: »

Seems like a civil matter, solicitor is probably were you need to go

raher1

This person is using under age people to do his dirty work and I was going ask to talk to local sports or committees to see what can be done.
threats are lost on this person.

c.p.w.g.w wrote: »

Something like that happened to a work colleague. Somebody was spreading rumours about them, he didn't have enough proof. So they got creative and threatened to make a false criminal allegation* against them unless they made it known that the rumours were untrue.

It worked very well, because if they went through with it, the person spreading the rumours would probably have lost their job and family.


*It's illegal to knowingly make a false claim to the guards.

splinter65

raher1 wrote: »

Slander and destroying my good name, insight people to volience

Defamation (there's no slander or libel on the statute books any more) is not a matter for the Gardai. You would have to get a solicitor to take on your case. Based on what you’ve told us so far I can assure you that any solicitor will refuse to take instructions from you on this matter.
You have absolutely no chance of getting an incitement to violence either.
I’m sorry if this is not what you want to hear but you shouldn’t waste your own time or money or the Gardai trying to fix your problems in this way.

Del2005

raher1 wrote: »

This person is using under age people to do his dirty work and I was going ask to talk to local sports or committees to see what can be done.
threats are lost on this person.

You are leaving yourself open to the person doing the same to you that you want to do to them if you start taking to other people and organisations about them.

raher1

I feel I need to stand up for my self, if that makes sense

Del2005 wrote: »

You are leaving
yourself open to the person doing the same to you that you want to do to them if you start taking to other people and organisations about them.