Summons Served

giarcdear

A garda came to my door in early 2019 and served me with a summons to appear 11jun2019. he came back 5 minutes later and took it back as i didn't get enough notice to appear.


Then in early 2020 a garda came and served me with a summons to appear 09jun20 for the same offense, due to covid the court date was cancelled.


today i got a letter from my-ex's house from court giving new date in Sept20


this offense i am accused of happened in 2018. Criminal Damage(not major damage)



Solictors not open this week, s just curious on the chances of getting it struck out due to time delay in bringing proceedings

You have every chance....and none.

I am not legally competent and you need to seek legal advice which can't be given on this forum.

giarcdear

i know that but was just curious, on the time limitations for minor offenses

Witcher

Criminal damage doesn't go statute barred..make sure you're in court that day.

Claw Hammer

Unless you can establish prejudice that there is a real risk of an unfair trial on account of blameworthy prosecutorial delay , you have little or no chance of having the prosecution stopped on account of delay after as little as 2 years. 4 years appears to be the minimum period that anyone has succeeded in stopping a prosecution for a summary offence and even then some prosecutions have been allowed continue after even longer delays.
The offence you are accused of is not a summary offence so your arguments would be even weaker.
A solicitor experienced in the District Court area before the judge will be best placed to advise.
In minor criminal damage cases, if compensation is paid to the injured party, the accused has not come to garda attention since and there is a previous good record, some judges can be persuaded to do a poor box or not record a conviction.