Summons to Appear for intoxication / Abusive behavior - please help

boosh24

Hi

My fiance has received a summons to appear in court for

• Intoxication in a public place
• Abusive insulting behavior

Genuinely need advice folks - we googled these charges and '3 month prison sentence' was mentioned as a possibility for this

Background: Not that it is required here but i wanted to be open about this. Myself and my partner are recovering alcoholics. This summons relates to the last time that my partner relapsed. This was a very difficult moment for us, and in truth my partner does not remember the particulars of the incident. From my point of view the guards became involved when she had passed out in the street, and i think some passers by assumed that something violent had occurred. Needless to say, i could not prove that this was not the case, and the guards must be careful, and my fiance was not in a mental state to acknowledge that it was an alcoholic relapse. My partner was taken away in an ambulance to hospital, and she returned the following day. At which point we both went to meetings and got back on the horse so to speak

This summons has rattled us both. I am questioning whether I could have done anything different on the night, and my partner is obviously shaken by the fact that her relapse has landed her in court for actions she TRULY cannot remember. Its a bolt out of a clear blue sky, and we are very on edge about it.

If someone wanted to discuss this, either publicly or privately i would really appreciate it.

My assumption is that a prison sentence is a near impossibility for this. Although i have never been in hospital for my own alcoholism, i have frequently been there at night and the AnE's tend to be full of drunken people, with large numbers being what i would call 'abusive and insulting'- were even half of these people in prison, i suspect ireland would require a massive increase in jails

I am expecting a fine but the varying information seems to suggest this could be as much as 1000EUR which would be crippling in itself.

Does my partner require a solicitor for this? WE have been frantically calling solicitors and so far have not received information about this

phildub

Does she work or own property? She might qualify for legal aid if not. If she hasn't been in trouble before she could ask garda if she qualifies for adult caution. Or could ask judge to de dealt with under the probation act. Fine is more likely to be 200e than a thousand. Jail is highly unlikely.

If you don't understand anything I just said there she should get a solicitor

amdublin

I think you should really work on getting a solicitor. Good luck and best wishes with your continued rehab the both of you

Oscar_Madison

Yeah solicitor all the way- very minor charges there and coupled with both your challenges with alcohol I don’t believe prison will even be remotely considered, even if you have some previous form in this area. Probation most likely if first offence or even thrown out if a fine paid - but you need a solicitor - don’t go this alone without one.

Contact the court where you’re due to appear and they may have a list of local solicitors .

Best of luck and don’t stress this - there’s tons of hope for you both

horse7

Must have been a serious incident.

suvigirl

You should go to the court that she is summoned to, see who the solicitors there that do legal aid, presuming you will qualify for legal aid. Have a quick chat and tell the solicitor that you will be looking for representation on whatever date.

If there are no previous convictions and your other half has addressed her issues since the arrest, I couldn't see a sentence of imprisonment.

nachouser

Trolly mc troll.