solicitor told me i dont need to attend court

yamaha4life

Hi all,

i recieved a summons recently for a motoring offence and im due in court in 8 days time. i got a letter today from the persecuting garda.

stating unfortunately they are on annual leave and will be unable to attend. the court presenter will be making an application for an adjournment of the case. i contacted my solicitor and read back the letter to him and he told me it will likely be adjourned for a month and there is no need to attend.

is this standard practice? i dont want to be convicted in my absence or does that happen?

thanks

Peregrinus

You won't be convicted if the prosecutor is not there.

Only reason to attend is if you wanted to object to the adjournment and demand that the case be heard as scheduled. If that demand were successful, you would then be acquitted, because the prosecutor wouldn't be there to present any evidence against you. But that demand is unlikely to be successful unless you can persuade the judge that adjourning the matter would unjust or oppressive to you - e.g. if the case had been repeatedly listed and then adjourned for no good reason.

yamaha4life

thanks, i don't really know how the legals system works so i am nervous!

I dont know my solicitor from adam the solicitor i originally engaged sent my stuff to this one.

I got a summons approx 18 months after the offence (speeding) sadly i recieved no FPN but with the summons it did have the option of paying a high fine + points but i decided i didnt want to swallow the fine and points when i didnt deserve them.

probly going to end up costing more though, i gave the solicitor my story but he has decide to go with a different argument to try get it struck out but i guess all i can do is have faith in him.

coylemj

i don't really know how the legals system works so i am nervous

It's obvious you don't know how the legal system works when you say you 'didn't want to swallow the fine and points when i didnt deserve them.'

probly going to end up costing more though

Unless your solicitor pulls it off, you'll probably end up with (1) a bigger fine (2) a solicitor's bill and (3) double the points you would have been hit with if you had paid the FPN. And whatever happens in court, you'll have the legal bill either way.

Good luck, you're going to need it.

GM228

https://www.boards.ie/discussion/comment/117899325#Comment_117899325

And (4), a criminal record.

Claw Hammer

Always go to court if you can at all. If you are there and the judge sees you she might refuse another adjournment application in the future on the basis you have been put to enough trouble.

A2LUE42

I'd attend. It shows you are engaging with the process and could make your claim that you never received the FCN more credible. The judge may just postpone or may ask you why you didn't pay the fcn. If it is the latter, you might get lucky.

coylemj

I'd attend. It shows you are engaging with the process and could make your claim that you never received the FCN more credible.

It most certainly will not. If he's standing there in front of the judge, it shows that he received the summons. How does that support his claim that he never received the FPN?

Does he pay his solicitor to attend a hearing where he knows in advance that the prosecution will ask for an adjournment? Will posters advising the OP to attend pay the additional legal bill if the judge adjourns all of the cases listed for that Garda?

It's easy to spend someone else's money.

yamaha4life

I have taken one on the chin before sadly for the reason arguing my innocence would be costly, i have no problem paying an FPN if clearly in the wrong and obviously if i recieve the bloody thing.

the points jump in court to 5 and up to €1000 fine, the system i guess its designed to encourage you to just pay up and accept it regardless.

i assume ill be notified of the new date by post?