Barrister advice?

baalad

Any Barristers here that specialise in criminality? Or anyone here that can recommend a barrister?

Seems like they are very hard to find and google did not return much for me to be honest !

Just seeking some advice / guidance more then anything if one would be so kind as to help out!

Cheers!

Dolbhad

baalad wrote: »

Any Barristers here that specialise in criminality? Or anyone here that can recommend a barrister?

Seems like they are very hard to find and google did not return much for me to be honest !

Just seeking some advice / guidance more then anything if one would be so kind as to help out!

Cheers!

You can’t directly engaged a barrister. You have to go through a solicitor and the solicitor usually picks the barrister best suited for your case if one is needed.

Credit Checker Moose

You can always tell the solicitor that you want X barrister.

baalad

Oh ok, i didn't know that! Is that not taken as an insult from the solicitors perspective though? If i told my solicitor i wanted to speak with a Barrister i would think my solicitor would perceive that i am saying he is not good enough for the job , no?

I was hoping i could have a word with one was all. Getting one to represent me would cost a fortune!

vurstflavor

Barristers go to court
Solicitors do the other legal work

nuac

In each county there are some barristers who defend criminal cases. We do not have the same degree of specialisation as in UK, but in each county there are barristers well known for their expertise in particular branches of law
Discuss with your solicitor

coylemj

baalad wrote: »

I was hoping i could have a word with one was all. Getting one to represent me would cost a fortune!

Why do you think a solicitor (with experience in the local courts) couldn't answer your questions?

Even if barristers do all the legwork during jury trials in the higher courts, there is always a solicitor sitting behind them so they see and hear every aspect of criminal court procedures.

Are you prepared to pay a barrister for this consultation?

nuac

Mod
If you want to know the likely attitude of the Court to particular facts a solicitor practising in that court might be your best source

baalad

coylemj wrote: »

Why do you think a solicitor (with experience in the local courts) couldn't answer your questions?

Even if barristers do all the legwork during jury trials in the higher courts, there is always a solicitor sitting behind them so they see and hear every aspect of criminal court procedures.

Are you prepared to pay a barrister for this consultation?

Yes! But i just thought my solicitor would not like me requesting a barrister for some reason

Peregrinus

baalad wrote: »

Yes! But i just thought my solicitor would not like me requesting a barrister for some reason

Nah, he won't be bothered. If he thinks some other barrister would be a better choice he will tell you so, but if you say "thanks, but I really want Joe Bloggs" then he'll offer the brief to Joe.

baalad

coylemj wrote: »

Why do you think a solicitor (with experience in the local courts) couldn't answer your questions?

Even if barristers do all the legwork during jury trials in the higher courts, there is always a solicitor sitting behind them so they see and hear every aspect of criminal court procedures.

Are you prepared to pay a barrister for this consultation?

Its a long story but a week before my court case the Guard contacted me to meet up to discuss "the going ons that would take place in court"

He told me he had never lost a case and that he knew my solicitor very well and him and my solicitor would "negotiate"

My solicitor however was informing me to not attend court as he said he planned to look for evidence and my appearance wasn't necessary as the case was going to be adjourned.

On the morning of the case i received a call from mu solicitor saying he spoke with the guard and the guard told him i was supposed to be in court to face prosecution. I was also informed that if i had of attended court that day that he was going to make one of the charges disappear. However, this is a charge that i never received a summons for and was only brought to my attention days before the case.

I do not understand why no'1 , Why did my solicitor not just tell the guard to stay out of it and inform the guard that i was not in attendance because he advised me not to attend?

2, Why and how can i suddenly have a second charge brought against me over a year later and never received a summons for it, let alone i was told i would be let away with it if i attended court but because i didnt attend , he is charging me?

I feel like iam being screwed over by the guard and i also feel like my solicitor is not being much help! When i contacted my solicitor to ask what his view was, he as usual cut the call short and said he was too busy to talk and all he could say was that a second charge is being brought against me!

In my opinion i was being coerced into pleading guilty by the guard and in return for my guilty plea i was being promised to get away with one of the charges (which never existed or came to my attention) The guard told me the garda commissioner rang him to say i would be charged with a second charge when i appear in court. I dont even know if thats possible. But because i did not turn up (as advised by my solicitor) i am now having another charge brought against me.

It may just be paranoia but it seems like iam bring screwed over by the guard and im worried that my solicitor and him do in fact know each other pretty well and my solicitor is reluctant to go against this guard?

This is my reasoning for wanting to get advise from a barrister!

coylemj

That story makes no sense at all, I'm not even going to try to address the individual issues.

If you think your plumber isn't doing a proper job, you don't call in a consulting engineer, you get a different plumber.

baalad

Well this solicitor is often recommended and has a good reputation from what i can gather! Or he is at least more recommended then other solicitors in my locality!

The issue is that it feels like he has no time for me (iam not sure if all solicitors are like this or what as i have no dealing with them before)

It feels as though he is just going through the motions and not making much of an effort to fight my corner. If i contact him the call is always cut short within 60 seconds. He never has time to talk and i always feel like iam bothering him.

He tells me i owe him 1,200 euro if he wins my case but only 200 euro if he looses but i have no idea what iam paying him for at all because right now he has not done anything for me! Ive spoke to him once in person for 10 minutes and twice on the phone for 1 minute each time.

It feels like he just wants handy money with minimal effort. If i change solicitor now its messy as my case has been adjourned and i do not want another adjournment nor do i want to be on the wrong side of him given his relationships with the very people trying to prosecute me

baalad

coylemj wrote: »

That story makes no sense at all, I'm not even going to try to address the individual issues.

If you think your plumber isn't doing a proper job, you don't call in a consulting engineer, you get a different plumber.

What does not make sense?

I was essentially advised that i did not have to attend court because my solicitor was requesting evidence and having the case adjourned so my attendance was not necessary.

In the meantime (1 week before the hearing) the guard contacted me to meet him and i was basically told i should plead guilty and that he would make one of my charges go away (i was only then informed of a second charge that was allegedly being brought against me) but i was told not to worry because he would make this charge go away if i pleaded guilty.

I told my solicitor this and suggested that maybe the guard was trying to help me? His response was "nonsense"

Yet on the day of my case he rings me saying that the guard said i should of turned up to be prosecuted and because i didnt show up iam now facing a second charge which will be brought against me on my adjournment date!

Iam confused as to how or what the hell is going on and when i asked my solicitor i was told "its all very chaotic but all i can tell you is that your case is adjourned and iam too busy to speak and will be in touch in due course"

nibtrix

baalad wrote: »

In the meantime (1 week before the hearing) the guard contacted me to meet him and i was basically told i should plead guilty and that he would make one of my charges go away (i was only then informed of a second charge that was allegedly being brought against me) but i was told not to worry because he would make this charge go away if i pleaded guilty.

I can't help on the wider issue, but don't meet the Guard again without your solicitor being present.

Claw Hammer

baalad wrote: »

What does not make sense?

I was essentially advised that i did not have to attend court because my solicitor was requesting evidence and having the case adjourned so my attendance was not necessary.

In the meantime (1 week before the hearing) the guard contacted me to meet him and i was basically told i should plead guilty and that he would make one of my charges go away (i was only then informed of a second charge that was allegedly being brought against me) but i was told not to worry because he would make this charge go away if i pleaded guilty.

I told my solicitor this and suggested that maybe the guard was trying to help me? His response was "nonsense"

Yet on the day of my case he rings me saying that the guard said i should of turned up to be prosecuted and because i didnt show up iam now facing a second charge which will be brought against me on my adjournment date!

Iam confused as to how or what the hell is going on and when i asked my solicitor i was told "its all very chaotic but all i can tell you is that your case is adjourned and iam too busy to speak and will be in touch in due course"

The guard is trying to pull a fast one. It is common enough for guards to do a plea bargain. Bring 2 or more charges and offer to drop a charge if you plead guilty to another. This helps the guard avoid the risk of not getting a conviction and means any gaps in his evidence disappear.
It sounds like the guard is taking you for an eejit.

baalad

Claw Hammer wrote: »

The guard is trying to pull a fast one. It is common enough for guards to do a plea bargain. Bring 2 or more charges and offer to drop a charge if you plead guilty to another. This helps the guard avoid the risk of not getting a conviction and means any gaps in his evidence disappear.
It sounds like the guard is taking you for an eejit.

Thats exactly what i thought!

However, i do not understand why my solicitor did not tell the guard to mind his own business (when the guard told my solicitor i should be in court to be prosecuted) My solicitor should have replied "i told him not to be here" not ring me as if he is on the guards side and saying "oh the guard said you should be here" and because your not, you now face a second charge!

It just stinks to me and doesn't add up! Have not heard from the guard nor the solicitor since this yet both were in contact prior to the court date.

Not used to being in these situations so its all new to me and perhaps iam being paranoid but something just seems off about it!!

It feels as though he may have screwed up the evidence so tried to coerce me into a guilty plea and then when he realised i was not pleading guilty, he decided to try and do me for a second charge which i thought was impossible because i have received no summons in relation to this sudden charge but my solicitor says the court adjourned my case and are waiting for the second charge to be filed.

The guard has fed me so much bull**** over the last few months also with regards to what punishment i would receive if found guilty and contradicted himself numerous times.

Claw Hammer

baalad wrote: »

Thats exactly what i thought!

However, i do not understand why my solicitor did not tell the guard to mind his own business (when the guard told my solicitor i should be in court to be prosecuted) My solicitor should have replied "i told him not to be here" not ring me as if he is on the guards side and saying "oh the guard said you should be here" and because your not, you now face a second charge!

It just stinks to me and doesn't add up! Have not heard from the guard nor the solicitor since this yet both were in contact prior to the court date.

Not used to being in these situations so its all new to me and perhaps iam being paranoid but something just seems off about it!!

It feels as though he may have screwed up the evidence so tried to coerce me into a guilty plea and then when he realised i was not pleading guilty, he decided to try and do me for a second charge which i thought was impossible because i have received no summons in relation to this sudden charge but my solicitor says the court adjourned my case and are waiting for the second charge to be filed.

The guard has fed me so much bull**** over the last few months also with regards to what punishment i would receive if found guilty and contradicted himself numerous times.

The solicitor doesn't want to fall out with the guard over it. There is some confusion over whether defendants should come to court at the moment. There are advices that defendants should not appear unless necessary posted on websites and solicitors are supposed to advise their clients accordingly. Some judges and guards don't appear to have got the message.

ohnonotgmail

having spent some time writing software for barristers I can confirm that some barrister fee notes can be verging on the criminal. Not sure if that is what the OP means. The largest I seen was for around 500,000 and that was more than 20 years ago.

qwerty13

Is this the same guard that was contacting you via Facebook and sympathising with you about being caught?

baalad

qwerty13 wrote: »

Is this the same guard that was contacting you via Facebook and sympathising with you about being caught?

yes

baalad

Can anyone tell me if its legal for a Guard to coerce someone into a guilty plea?

For instance. My case was due to be heard and a week prior the guard messaged me asking me to meet him. During this meeting he informed me that a second charge was being brought against me. To date i have not received any summons for this particular charge only his word that iam being prosecuted for a second charge. However he suggests that he will make this charge go away if i plead guilty! He also states that he has never lost a case and that he knows my solicitor very well!

My solicitor tells me to essentially ignore the guard and describes the meeting as "nonsense" and i was instructed to not attend in court on the day as it wasn't necessary because he was requesting evidence and the case would be adjourned.

On the morning of my case he then bloody rings me saying "the guard says your supposed to be here to face prosecution" so i responded by saying what the hell, you told me not to be there. Why haven't you told the guard ? The call ended with him saying "look, ill deal with it, its just very chaotic at the moment" and later on that day i was informed that a second charge was indeed being brought against me and was applied for (or something along those lines) and my case was adjourned.

I have since contacted the solicitor to get clarification on whats going on and he essentially told me he was too busy to talk and that he would contact me in due course. I sent him an email the following day outlining the questions i had for him and that i wanted answers in relation to what happens next etc Its a week later and i still have heard nothing from my solicitor. No call, no email - nothing!

I have tried contacting other solicitors for advice but they just say "bring in your summons and we will talk" so im desperate for some advice and dont know who or where to turn to!

Does anyone here know if any of the above is legal or not? Can a second charge be created a year later without me ever receiving a summons for it? Had i not have agreed to meet the guard then i would still be unaware this second charge existed but seemingly its being brought against me on my adjourned date. Is this possible and is the guard breaking any law by coercing me into a guilty plea with the promise of making other charges disappear??

I was also given false information by the guard on the night of my arrest regarding the consequences and later in facebook messages he again gave false information about the consequences which in my opinion had an impact on the statement i gave!

My crime for those wondering is that i was 1 nanogram over the limit for cannabis!

KaneToad

qwerty13 wrote: »

Is this the same guard that was contacting you via Facebook and sympathising with you about being caught?

This sounds like something GSOC should be looking at. If true.

Claw Hammer

baalad wrote: »

Can anyone tell me if its legal for a Guard to coerce someone into a guilty plea?

For instance. My case was due to be heard and a week prior the guard messaged me asking me to meet him. During this meeting he informed me that a second charge was being brought against me. To date i have not received any summons for this particular charge only his word that iam being prosecuted for a second charge. However he suggests that he will make this charge go away if i plead guilty! He also states that he has never lost a case and that he knows my solicitor very well!

My solicitor tells me to essentially ignore the guard and describes the meeting as "nonsense" and i was instructed to not attend in court on the day as it wasn't necessary because he was requesting evidence and the case would be adjourned.

On the morning of my case he then bloody rings me saying "the guard says your supposed to be here to face prosecution" so i responded by saying what the hell, you told me not to be there. Why haven't you told the guard ? The call ended with him saying "look, ill deal with it, its just very chaotic at the moment" and later on that day i was informed that a second charge was indeed being brought against me and was applied for (or something along those lines) and my case was adjourned.

I have since contacted the solicitor to get clarification on whats going on and he essentially told me he was too busy to talk and that he would contact me in due course. I sent him an email the following day outlining the questions i had for him and that i wanted answers in relation to what happens next etc Its a week later and i still have heard nothing from my solicitor. No call, no email - nothing!

I have tried contacting other solicitors for advice but they just say "bring in your summons and we will talk" so im desperate for some advice and dont know who or where to turn to!

Does anyone here know if any of the above is legal or not? Can a second charge be created a year later without me ever receiving a summons for it? Had i not have agreed to meet the guard then i would still be unaware this second charge existed but seemingly its being brought against me on my adjourned date. Is this possible and is the guard breaking any law by coercing me into a guilty plea with the promise of making other charges disappear??

I was also given false information by the guard on the night of my arrest regarding the consequences and later in facebook messages he again gave false information about the consequences which in my opinion had an impact on the statement i gave!

My crime for those wondering is that i was 1 nanogram over the limit for cannabis!

Have you got downloads/screenshots of the facebook messages?
You can always be charged with a further offence. Most likely it would just be taken into account if you are convicted of the first offence. If you are on legal aid, your solicitor is not being paid much so don't expect anything but the bare minimum of communication.

baalad

KaneToad wrote: »

This sounds like something GSOC should be looking at. If true.

The truth of the matter is i contacted him first. He had told me to reach out to him if i had any questions etc so i reached out via facebook when i realised he was friends with a friend of mine on facebook.

In the messages he states that the limit for cannabis is zero. That i will receive a ban of 2 years , possibly 4! He also says he "hates doing this to good people"

On the night of my arrest i was told i would receive a 12 month ban but only do 6 months if i appealed it and on the night i met with him he suggested i might not get a ban at all because iam only barely over the limit but moments later he stated that he could make one of the charges go away but he couldnt do anything about the ban. He has clearly been playing games with me or thats how it feels at least

baalad

Claw Hammer wrote: »

Have you got downloads/screenshots of the facebook messages?
You can always be charged with a further offence. Most likely it would just be taken into account if you are convicted of the first offence. If you are on legal aid, your solicitor is not being paid much so don't expect anything but the bare minimum of communication.

I have the messages yes. and iam paying the solicitor! I initially requested legal aid because i was out of work due to covid / lockdown! and he said "look don't worry, i won't charge you much , especially if you lose the case!

With regards to the second offence! I thought the law states the charges must be filed within 6 months of the alleged crime not 13 months later? I received a summons for this incident months ago and never received anything about a second offence until i et the guard and he told me i was going to be prosecuted for this offence on the day!

baalad

The only proof i have however is the facebook messages. Anything else i have said i cannot prove unfortunately! I wish i recorded the conversation with him when i met him. On that note, given that the conversation took place in an interview room in the station. Should it be recorded? I don't believe it was

Witcher

baalad wrote: »

The only proof i have however is the facebook messages. Anything else i have said i cannot prove unfortunately! I wish i recorded the conversation with him when i met him. On that note, given that the conversation took place in an interview room in the station. Should it be recorded? I don't believe it was

No, it shouldn't be recorded, it's not an interview.

baalad

KaneToad wrote: »

This sounds like something GSOC should be looking at. If true.

How does that process work? I imagine my case would be over by the time i got a reply from them!

ohnonotgmail

baalad wrote: »

How does that process work? I imagine my case would be over by the time i got a reply from them!

while the actions of the garda are highly unusual they won't get you off the hook. If I remember correctly yours was a strict liability offence. The only thing that will save you is if the garda involved screwed up the evidence gathering and paperwork.

baalad

ohnonotgmail wrote: »

while the actions of the garda are highly unusual they won't get you off the hook. If I remember correctly yours was a strict liability offence. The only thing that will save you is if the garda involved screwed up the evidence gathering and paperwork.

His behaviour is making me think he possibly did hence trying to coerce me into a guilty plea or else he genuinely was trying to help me out ?

Im equally surprised that my solicitor is absolutely useless. No communication, No explaining whats going on. If i call him i feel like i am bothering him as he always has an excuse to hang up! And he does not seem to have any interest in anything the guard said! Its as if he does not want to fall out with the guard.

Oh well. Sooner this mess is over the better!

ohnonotgmail

baalad wrote: »

His behaviour is making me think he possibly did hence trying to coerce me into a guilty plea or else he genuinely was trying to help me out ?

Im equally surprised that my solicitor is absolutely useless. No communication, No explaining whats going on. If i call him i feel like i am bothering him as he always has an excuse to hang up! And he does not seem to have any interest in anything the guard said! Its as if he does not want to fall out with the guard.

Oh well. Sooner this mess is over the better!

offering a deal over charges in return for a guilty plea is not coercion.

Claw Hammer

A prosecuting guard is never on your side. A guard offering a deal is doing it for his own benefit. Your solicitor will not be interested in the communication from the guard unless it can be used to crash the case against you. That won't be known until you have the disclosure of the evidence. At that point you may be able to make a call on whether to plead or fight the case.
Even if there is a second charge the guard may well agree to drop it if you do agree to plead guilty before the full hearing.
There is no point in meeting a barrister until you have disclosure.

baalad

ohnonotgmail wrote: »

offering a deal over charges in return for a guilty plea is not coercion.

Really?

My perspective is that he seemed desperate for me to show up and plead guilty for some reason and i may have it wrong but my only thinking for this would be that maybe he has messed something up that he does not want being brought up in court!

I would have thought that a guard meeting with you and trying to sway you towards a guilty plea was coercion.

Could it be argued that the false information received by him impacted my statement also! Its insane the amount of times he has contradicted himself and given me false info regarding the consequences!

ohnonotgmail

baalad wrote: »

Really?

My perspective is that he seemed desperate for me to show up and plead guilty for some reason and i may have it wrong but my only thinking for this would be that maybe he has messed something up that he does not want being brought up in court!

I would have thought that a guard meeting with you and trying to sway you towards a guilty plea was coercion.

Could it be argued that the false information received by him impacted my statement also! Its insane the amount of times he has contradicted himself and given me false info regarding the consequences!

yes, really.

Claw Hammer

baalad wrote: »

Really?

My perspective is that he seemed desperate for me to show up and plead guilty for some reason and i may have it wrong but my only thinking for this would be that maybe he has messed something up that he does not want being brought up in court!

I would have thought that a guard meeting with you and trying to sway you towards a guilty plea was coercion.

Could it be argued that the false information received by him impacted my statement also! Its insane the amount of times he has contradicted himself and given me false info regarding the consequences!

There could well be an argument that any admissions you made were not freely given but were obtained by misrepresentation or duress.

ohnonotgmail

Claw Hammer wrote: »

There could well be an argument that any admissions you made were not freely given but were obtained by misrepresentation or duress.

they weren't made under caution so they wouldn't be admitted anyway.

baalad

baalad wrote: »

Really?

My perspective is that he seemed desperate for me to show up and plead guilty for some reason and i may have it wrong but my only thinking for this would be that maybe he has messed something up that he does not want being brought up in court!

I would have thought that a guard meeting with you and trying to sway you towards a guilty plea was coercion.

Could it be argued that the false information received by him impacted my statement also! Its insane the amount of times he has contradicted himself and given me false info regarding the consequences!

What statement?

partyguinness

Have they not brought in direct access to barristers in Ireland yet?

Claw Hammer

partyguinness wrote: »

Have they not brought in direct access to barristers in Ireland yet?

They have. For solicitors!

partyguinness

Claw Hammer wrote: »

They have. For solicitors!

I thought it was self evident but I meant for the public...:)