Summons served incorrectly?

Ae45

Hi everyone

Are you obliged to appear in the District Court if your summons is served wrong?

My summons was left at my parents house where I no longer live. It was left with my 13 year old brother. The guard said to him 'I cant leave this with you as you are underage but did so anyway. A summons cannot be left with anybody under 16 upon doing some reading online.

Any advice much appreciated

Thanks

coylemj

The summons will be marked as 'served' so if you don't show up, the case will be heard and you'll probably be convicted and fined as the judge will only hear the prosecution (Garda) side of the case.

Solicitor time.

FAMLEE

OP, time to start a new life in the UK.

coylemj

coylemj wrote: »

Solicitor time.

The only advice you should heed.

FAMLEE

Ae45, what was the summons for..?

Ae45

2 pills

antix80

Ae45 wrote: »

2 pills

We're ya buying them or selling them?

Ae45

neither - just had them in my pocket and got searched by undercovers

Purgative

OP there is no hay to be made from this.


The court will either deal with the matter in your absence as an earlier poster said, or adjourn for the summons to be served.


The most you will get out of this is a delay.


Back in the day, we used to serve summons by post. If anyone didn't turn up we'd ask for an adjournment to allow for personal service.

FAMLEE

Fair play on not being a rat, my advice would be go to court & take the fine , community service etc whatever the judge imposes.

Your not going to get 3 months over a couple of pills... the gard that caught you is probably just a cnut who is raging you wouldn't rat.

Ae45

Would there be a big chance of bench warrant?

coylemj

Purgative wrote: »

The court will either deal with the matter in your absence as an earlier poster said, or adjourn for the summons to be served.

How will the case be even called (by the clerk, during a court sitting) only to be adjourned, if the summons is not marked as 'served'?

What I mean is, if the summons was not returned as 'served' then surely the case is a total non-runner? So will not be listed for any court sitting?

Ae45

as they guard left it with my 13 year old brother - nothing was signed for - the guard even said 'im not allowed do this'

coylemj

Ae45 wrote: »

Would there be a big chance of bench warrant?

The answer depends on the charge (possession/intent to supply) and the substance involved. And the judge on the day.

Be careful what you disclose here.

keavebm

FAMLEE wrote:

Your not going to get 3 months over a couple of pills... the gard that caught you is probably just a cnut who is raging you wouldn't rat.

Go to court feck all wilk happen the guard was a c×nt. Probably took them himself when he got home. Sorry my apologies guards are on coke now so no good to them

Ae45

sorry i also forgot to say the summons only came yesterday and im scheduled for surgery on Monday (No chance Ill be better by Thursday for the case) what should I do?

coylemj

Ae45 wrote: »

as they guard left it with my 13 year old brother - nothing was signed for - the guard even said 'im not allowed do this'

But leaving the summons with someone suggests that he is going to register it as properly served.

punisher5112

Ae45 wrote: »

sorry i also forgot to say the summons only came yesterday and im scheduled for surgery on Monday (No chance Ill be better by Thursday for the case) what should I do?

Call the guard and if he isn't any use call the court.

Ae45

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

Ae45

on the k

FAMLEE

Ae45 wrote: »

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

In that case, ignore the summons & get on with your life.. if another court dates comes upon.. explain about your 13 your old brother & it will be likely be thrown out

Ae45

if i dont show up will there be a warrant out for my arrest?

FAMLEE

Ae45 wrote: »

if i dont show up will there be a warrant out for my arrest?

Yeah, and it could be years until you're forced to apper in which case explain your 13 year old brother took the summons not knowing what it was. Attend court & get struck out. Too many scumb4g garda out there doing this sh1te

jacknife

Ae45 wrote: »

neither - just had them in my pocket and got searched by undercovers

in court ask for the results of the scientific analysis they did on them, all substances have to be tested, no harm in asking anyway, they have to prove their case

drunkmonkey

Ae45 wrote: »

if i dont show up will there be a warrant out for my arrest?

Yes but you need this kicked down the road as if you read the papers in August last year what you've done wouldn't warrant a court appearance. Unfortunately Harris is in charge so nothing has happened and there have been no change as to how minor offences like yours are handled.
Harris said last year, 'Today is the start of a new approach. One that offers people a helping hand, not handcuffs"

To me when someone says today they mean today, I'm not sure when this new approach kicks in but talk to a solicitor https://www.newstalk.com/news/hse-intervene-cases-drug-possession-personal-use-889905

Someone might know when this is happening. If a judge was to read that article they'd wonder what your doing in front of them as well. I'd present it as evidence of why you shouldn't be there in the first place. Who are you to know Harris didn't mean today when he said today.

eddiervp20

Honestly, I would attend the court and explain to the judge what the Garda has done in serving the summons to someone underage.
Best case scenario the judge will question the Garda there and then about it.

I've witnessed Gardaí getting a slap on the wrist by judges by doing stupid things from attending court of a friend.

The courtcase will prob proceed without you and you will receive a fine most likely. Unless you has a string of offences you wouldn't be looking at even a day in jail.

All you're doing is pissing off a judge by not attending and likelihood is they could give you a larger fine.
Court cases don't go away becuase you don't attend court and the sheer amount of people who don't attend and have to show up a second time with a bull**** excuse never works out in their favour.

tuxy

2 pills, don't lose any sleep over it.
Do ask a solicitor for advice though, they will have encountered this type of scenario frequently.

Salary Negotiator

How do you know when the court date is if your brother can’t find it?

tuxy

Salary Negotiator wrote: »

How do you know when the court date is if your brother can’t find it?

If he does not show or have someone to represent him there could be a bench warrant for his arrest. Even if it does not result in a prosecution it is not something you want hanging over you.

Foggy Jew

A prosecution over two pills??? C’mom! You must have previous?

Salary Negotiator

Ae45 wrote: »

sorry i also forgot to say the summons only came yesterday and im scheduled for surgery on Monday (No chance Ill be better by Thursday for the case) what should I do?

Ae45 wrote: »

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

tuxy wrote: »

If he does not show or have someone to represent him there could be a bench warrant for his arrest. Even if it does not result in a prosecution it is not something you want hanging over you.

I agree, But I’m calling bull**** on the story. The younger brother seems to have lost the summons yet the OP knows when the court date is?

Hmmmmm

tuxy

Salary Negotiator wrote: »

I agree, But I’m calling bull**** on the story. The younger brother seems to have lost the summons yet the OP knows when the court date is?

Hmmmmm

You could be right.
Summons yesterday and court on Tuesday doesn't sound right.
Don't they normally give at least two weeks to book time off work?

cobhguy28

Ae45 wrote: »

Hi everyone

Are you obliged to appear in the District Court if your summons is served wrong?

My summons was left at my parents house where I no longer live. It was left with my 13 year old brother. The guard said to him 'I cant leave this with you as you are underage but did so anyway. A summons cannot be left with anybody under 16 upon doing some reading online.

Any advice much appreciated

Thanks

District Court rules are different from the Superior court rules. District court allows for postal summon and allows for personal service to leave at last know address. So by leaving it at the house, it is a good service.

Superior Courts are different, as it would be a more serious case, the rules required, that if it is left with a child, they must be 16 or over.

Ae45

Foggy Jew wrote: »

A prosecution over two pills??? C’mom! You must have previous?

No previous

Ae45

tuxy wrote: »

You could be right.
Summons yesterday and court on Tuesday doesn't sound right.
Don't they normally give at least two weeks to book time off work?

If hand delivered any 7 days notice is needed

ShamrockAir

Your were caught with 2 pills. Get a solicitor, man up and take your punishment. It will be a fine if you don't have a string of previous convictions.

Treppen

ShamrockAir wrote: »

Your were caught with 2 pills. Get a solicitor, man up and take your punishment. It will be a fine if you don't have a string of previous convictions.

Jeez you're in a hurry for the lad to get a criminal record. Not every judge gives a slap on the wrist and a caution.
Anyway, For all he knew he told a lad in the pub he had a banger of a headache and yer man gave him 2 headache tablets.
Have these pills been tested?

Depends what he said to the guard on the day it happened too.

Record of possession might meen he can never work with/coach kids or teenagers in the future.
I knew a lad in an American company who was fired because he lied about his possession record from yonks ago. When it came to applying for visa to do training in States he was refused.

If the court date is soon the chances of them prioritising 2 tablets in the lab after Christmas/ new years are very slim. The court will probably rely on the op's admission to the guard at the time.

But get advice from a solicitor.

KBurke85

Ae45 wrote: »

as they guard left it with my 13 year old brother - nothing was signed for - the guard even said 'im not allowed do this'

Very had to prove what was said unless your brother recorded the conversation

tayto lover

Looks to me like the Garda was giving you a way out by telling your brother that the service was bad I.e “I’m out supposed to do this”.
Decent sort maybe.

Ae45

tayto lover wrote: »

Looks to me like the Garda was giving you a way out by telling your brother that the service was bad I.e “I’m out supposed to do this”.
Decent sort maybe.

I know that's what I was thinking....

Ae45

Salary Negotiator wrote: »

I agree, But I’m calling bull**** on the story. The younger brother seems to have lost the summons yet the OP knows when the court date is?

Hmmmmm

He hid it so the folks wouldn't find it. Screenshot me the details beforehand

Salary Negotiator

Ae45 wrote: »

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

Ae45 wrote: »

He hid it so the folks wouldn't find it. Screenshot me the details beforehand

He must have hid it well if he hid it and doesn’t know where he hid it.

Mr. Incognito

God. Such bad advice here.

1. Get a solicitor. Pronto.

2. Send said solicitor to court to explain issues with service. They are likely heresay but surgery is not. He will get it adjourned

3. If you dont turn up you run the risk of a bench warrant for your arrest. The guards will arrest you and bring you before the Court. At that point your story on service would be very dodgy. You are aware of the date and are choosing not to attend. You would likely be convicted.

4. Get a solicitor. Pronto.

pablo128

Do drugs get sent to the UK for analysis?

tuxy

pablo128 wrote: »

Do drugs get sent to the UK for analysis?

There's a forensic lab in the Garda HQ. Would they use that?

https://forensicscience.ie/drugs

GM228

All testing for the state is done at the Forensic Science Laboratory in Phoenix Park HG operated by FSI (with the exception of blood/urine/saliva testing for RTA purposes which is carried out at Forensic and Legal Medicine Laboratory in UCD operated by the MBRS).

Ae45

Mr. Incognito wrote: »

God. Such bad advice here.

1. Get a solicitor. Pronto.

2. Send said solicitor to court to explain issues with service. They are likely heresay but surgery is not. He will get it adjourned

3. If you dont turn up you run the risk of a bench warrant for your arrest. The guards will arrest you and bring you before the Court. At that point your story on service would be very dodgy. You are aware of the date and are choosing not to attend. You would likely be convicted.

4. Get a solicitor. Pronto.

Mr Incognito. Had very serious surgery on Monday. Still in hospital recovering. Should I ring the court or what do you suggest? Please and thank you

Dial Hard

Ae45 wrote: »

Mr Incognito. Had very serious surgery on Monday. Still in hospital recovering. Should I ring the court or what do you suggest? Please and thank you

He suggested ringing a solicitor to go to court to represent you. Was that not clear enough from the two times he mentioned it in his post?

Salary Negotiator

Ae45 wrote: »

Mod snip

You sound nice and I wish you well in your legal troubles.

micar

Time to grow up OP and take responsibility rather than trying to weasel your way out if it.

tuxy

Ae45 wrote: »

Mod snip

So you now have a solicitor working for you and you still turn to boards for advice?