Legal Matter

cupthehand

Hi I was wondering if anyone would be able to offer me some *free* legal advice...
I got a summons last week for some minor public order offences and am up in court in two weeks anyways to cut a long story short in the summons it gives the place where the iincident took place as the totally wrong address altogether, the guards mistake as he was news to the area, does this mean i got a case saying I wasnt even in the paticulaar area that nite and would I need a solicitor for the court case and what is the likely outcome will the case be thrown out or will it go ahead or could it be dis-missed for now but could they come back to me with a new summoms with the correct details?
Sorry bout all the questions but Im a bit green bout it all.
thanks for any help forthcomming

smileygal

try the Citizens Information Centre for Free Legal Advice at an office near you

Wertz

Public order charge is a b*tch....whatever you do don't go into the court without a solicitor...makes you look like you're not taking the charge seriously (I know, I know).

As to the wrong details....raise that with the solicitor, but TBH don't expect to get off with it...
I was wrongfully arrested (IMO) and thrown in a cell for 8 hours for walking away from a cop when he asked me my name (I was drunk and wanting to make the door on a nearby nightclub before it shut). I was rugby tackled to the footpath, handcuffed and placed in the back of a squad car (with no seatbelt I might add) and subjected to slanderous remarks from 2 kerry sheep shaggers fresh out of Templemore.
When I told the solicitor all this he told me to just take it and move on...judges tend to get heavy handed when they see someone not conforming to the public order act.
Probabtion act, name in local rag and €80 legal fee...who's the real criminal here?

Kernel

Wertz wrote:

Public order charge is a b*tch....whatever you do don't go into the court without a solicitor...makes you look like you're not taking the charge seriously (I know, I know).

haha, solicitor for a public order charge... I'll bet the real crims were having a laugh at you mate. You go to court, you say you were sorry/drunk etc. you get ordered to donate roughly 200 quid to a charity. Just don't be socially irresponsible again OP, nobody likes a yob.

Neuro

Wertz wrote:

I was wrongfully arrested (IMO) and thrown in a cell for 8 hours for walking away from a cop when he asked me my name....

A wonderfully one-sided account. You fail to mention why he was asking you your name? Or was he a gay cop just chatting you up?

Sleepy

http://www.flac.ie should be useful for you.

clairey

you should defo get a solicitor, you could apply for free legal aid??
it always looks better if you have a solicitor, was only in court with the bf he was arrested for drunk and disorderly, he had to go into court three times and ended up paying 500 euro fine, who cares wat the real crims think :rolleyes: at least the solicitor can stop you getting a record for it.

Kingsize

have you not appeared in court yet? they usually will ask you have you a solicitor & decide on whether you qualify for free legal aid.im no expert but thats the way it was about 9 years ago when erm ...a mate of mine got arrested when drunk.

btw if its a first offence & not too serious just admit guilt say youre sorry & youll hopefully get probation & have to put some cash in the poorbox.

Lump

If you were never at the place stated in the Complaint thingy, then you have nothing to worrk about.

Turn up say you weren't there, ask the guard in the court to prove it. He won't be able to. He might admit his mistake.

Then tell the court that if the address is wrong what else is wrong, and ask the judge to throw the case out.

Peace of piss.

Incidently I do know something about law, I had to be a witness in a Crown case in the Uk

John

Wertz

Neuro wrote:

A wonderfully one-sided account. You fail to mention why he was asking you your name? Or was he a gay cop just chatting you up?

It was a one-sided experience. I was being asked my name for the simple fact that cops the land over (but especially in the kip of a town I live in) will stop anyone that looks dodgy,especially when they have monthly quotas to fill; as I wear a baseball cap all the time, I tend to fall into that category. Add to that the fact that I was well on it and in the bar/club area of town on a saturday night and you've got yourself a reason to take names.
As for turning up in court with a solicitor...why would I care what a bunch of f*cktard criminals think? What I care about is what the judge thinks on the day. I know a few people that have went the no-solicitor route and ended up with large fines for first offences; TBH I'd rather pay the legal fee.

While we're on the subject just another public order anecdote; good mate of mine a few years back comes out of a pub on a summer evening, headed to a chipper...cop stops him and asks his name, so being a smartarse he decides to give it "as gaelige"....cop asks him again; same reply. Next thing my mate is landed in the station for drunk and disorderly...
Now last time I checked, a member of An Garda Siochana needs to be able to speak Irish and citizens of the country are allowed to speak it, thusly you are allowed give your name in Irish. The guy was never charged with anything and was obviouslyonly arrested to piss him off and f*ck up his day out.

@ OP; I'd do as Kingsize suggested...take the medicine and move on

LegacyUser

Wertz wrote:

as I wear a baseball cap all the time, I tend to fall into that category. Add to that the fact that I was well on it and in the bar/club area of town on a saturday night and you've got yourself a reason to take names.

Sorry mate, but if you head out on a Sat pubbing/clubbing wearing a baseball cap, you're looking to be tarred with a brush!!

Anyone else agree? I'm all for not being presumptious about image etc., but come on...

sorry its a bit off topic

Wertz

bruachain wrote:

Sorry mate, but if you head out on a Sat pubbing/clubbing wearing a baseball cap, you're looking to be tarred with a brush!!

Anyone else agree? I'm all for not being presumptious about image etc., but come on...

What so that's a reason to assume I'm a crim? If it was a ski-mask I could understand.
I wear what I like; if I get refused on a pub/club door because of it, then so be it, but I expect a little more from the gardaí, than I do from the local gangsters in tuxedos.
If that's the general attitude that's out there then this country really is gone to f*ck; I could go out in the US wearing whatever I liked and never got turned away from places, or arrested, funny enough.

LegacyUser

Wertz wrote:

What so that's a reason to assume I'm a crim? If it was a ski-mask I could understand.
I wear what I like; if I get refused on a pub/club door because of it, then so be it, but I expect a little more from the gardaí, than I do from the local gangsters in tuxedos.
If that's the general attitude that's out there then this country really is gone to f*ck; I could go out in the US wearing whatever I liked and never got turned away from places, or arrested, funny enough.

Au contraire - the one thing the US is strict on when it come to dress-code is surprisingly sportswear. I lived there for a number of years all over the country, and the one things that I noticed at most clubs/discopubs was that you weren't allowed to wear jerseys/caps/jackets supporting a particular team, because there would be fúcking murder over it. You must really be living in bandit country if you go out wearing a baseball cap on a Saturday night!?

Wertz

bruachain wrote:

Au contraire - the one thing the US is strict on when it come to dress-code is surprisingly sportswear. I lived there for a number of years all over the country, and the one things that I noticed at most clubs/discopubs was that you weren't allowed to wear jerseys/caps/jackets supporting a particular team, because there would be fúcking murder over it. You must really be living in bandit country if you go out wearing a baseball cap on a Saturday night!?

Well I lived in two different cities in texas for a good while and never had any problems with caps, jerseys, shorts etc....only thing that was ever a problem was getting in without a shirt/tshirt, which is perfectly understandable.

I wear a cap because I have a noticable scar on the top of my scalp.
Once, when I was refused a drink at a random pub becuase of my hat, I asked why the lady with the bonnet at the nearby table or the elderly gentleman in his cloth cap at the end of the bar, had both been served...I got neither a reply nor a drink. Like I said, this country has gone to sh*t...used to be that anyone could get a drink almost anywhere wearing whatever they liked, once they were clean...now it's shoes, shirts, whatever. At least the off licence isn't so discerning...

Jesus1222

Don't bother forking out for a solicitor. The result will be the exact same. Just say "yes no" and thank the judge for your fine. If you're nice and polite and a student you'll get a €100-€200 fine.

The Gardaí in my experience are worse than the Russian police. I've been told that some of them drink on late nights shifts - whiskey/vodka, which might explain alot of
these incidents. If anybody remembers there was an episode of Primetime about this sort of thing a year (or more) ago. If you're threatened by a Guard don't give them any excuse, because basically they can do what they want and get away with it and they will kick lumps out of you for fun after they take you back to the station. If you had any drink taken at all you won't be taken seriously when you complain.

Victor

Wertz wrote:

I was being asked my name for the simple fact that cops the land over (but especially in the kip of a town I live in) will stop anyone that looks dodgy

...as is their right.

Wertz

Victor wrote:

...as is their right.

Where did I imply that it wasn't? The individual determination of what is "dodgy" by the officers involved and their susbsequent action is where my problem lies.
So I walked on by...not like I was threatening them or anyone else or causing any other problems...the arrest may not have been wrongful in the legal sense, but their action during and after the arrest were heavyhanded to say the least.
What annoys me the most is my lack of redress about any of this. My word against that of 2 fine officers....that's why I was told to just take it and move on by my solicitor.
As Jesus1222 said:

If you had any drink taken at all you won't be taken seriously when you complain.

Yet every week I open the paper there's the story of some robbing c**t that gets lenient treatment for a serious offence simply cos they had "A lot of drink taken".

Meh...it's all in the past now...definitely changed my view of the Gardaí for the worse however

mycroft

Lump wrote:

If you were never at the place stated in the Complaint thingy, then you have nothing to worrk about.

Turn up say you weren't there, ask the guard in the court to prove it. He won't be able to. He might admit his mistake.

Then tell the court that if the address is wrong what else is wrong, and ask the judge to throw the case out.

Peace of piss.

Incidently I do know something about law, I had to be a witness in a Crown case in the Uk

John

Not necessarily that simple, the garda's word will always be taken above yours.

Now if the garda say the event took place on X street, on outside of Y club, and you stand up, interupt, and say Y club is actually on Z street, theres a possibility you'll be charged with contempt of court, which is a tad more serious than a minor public order offence.

Also even if the garda gets muddled about the specific location, and you challenge him on that, and then deny the incident occured, you're looking at a stiffer penalty than if you'd just copped a plea, if the judge still believes him.

If you're going to challenge on a legal technicality, or a mistake, then have a solicitor, someone who knows when to say what, and when. Someone who knows the right moves as it where.

Play the % is it easier and less hassle to cop the charge, slap on the wrist, and €60 fine plus the poor box, or hire a solicitor with the attendent costs, or try and wraggle out of it on a dubious technacality, which could land you with a stiffer penalty.

Public order offences are a bitch and well out of order IMO, basically you can be done for anything, the powers are so broad they can be abused so easily.

Mutz

Jesus1222 wrote:

.....

The Gardaí in my experience are worse than the Russian police. I've been told that some of them drink on late nights shifts - whiskey/vodka, which might explain alot of these incidents.

Wow - you were told? How about the incidents from PEOPLE who have drank redbull and vodka mixed with a little coke or speed... nah you're right - they'd be fine I'm sure! :rolleyes:

Jesus1222 wrote:

If anybody remembers there was an episode of Primetime about this sort of thing a year (or more) ago. If you're threatened by a Guard don't give them any excuse, because basically they can do what they want and get away with it and they will kick lumps out of you for fun after they take you back to the station. If you had any drink taken at all you won't be taken seriously when you complain.

Jesus1222 - please cop on you muppet. Everyone has realized at this stage that the Primetime program was sensational and has done huge amounts of damage to the rep of the Gardai.

Its scum who act the maggot in police stations who wont calm down after taking all kinds of drugs and drink who kick lumps out of cell doors and headbut cell walls who claim that they've been given a hiding in a station. They're purely embarressed at what they've done. There's no need for Gardai to hit them - they damage themselves.

If you're gonna listen to fools like those they interviewed on Primetime - then all I can say is that you should take your head out of the sand and look at the state of people on a Saturday night in your local town.

mycroft wrote:

Not necessarily that simple, the garda's word will always be taken above yours.

Because the Garda swears the oath - the accused doesn't

mycroft wrote:

Now if the garda say the event took place on X street, on outside of Y club, and you stand up and say Y club is on Z street, theres a possibility you'll be charged with contempt of court, which is a tad more serious than a minor public order offence.

It won't be contempt of court - just plead not guilty and it will go for a hearing in some future date - however if you are found guilty after pleading not guilty - you will be fined more severely.

mycroft wrote:

If you're going to challenge on a legal technicality, or a mistake, then have a solicitor, someone who knows when to say what.

Yes - but I don't think free legal aid is provided for Public Order cases - part of the punishment is paying for your legal fees

Wertz

So Mutz...you're saying that out and out police brutality simply doesn't happen in this country?
Probably a lot of people out there that'd disagree with you.
Okay, it's likely the majority of cases are disgruntled idiots trying to get off with whatever they've been arrested for, but the smoke/fire argument can be applied here too. Just becuase you've had no dealings or bad experiences with the force doesn't mean that it's all sweetness and light at the local station.
Garda have a difficult job to do; doesn't give them free reign to do WTF they like simply cos someone is drunk or high...

mycroft

Mutz wrote:

Wow - you were told? How about the incidents from PEOPLE who have drank redbull and vodka mixed with a little coke or speed... nah you're right - they'd be fine I'm sure! :rolleyes:

Okay what does one unsubstaniated allegation have to do with another?

Jesus1222 - please cop on you muppet. Everyone has realized at this stage that the Primetime program was sensational and has done huge amounts of damage to the rep of the Gardai.

Reaaallllllllyyyyy?

Sensationalist how? When it demostrated how much is spent by the Garda every year on out of court settlements for people assaulted by the gardai?

or sensationalist when it demostrated the williness of the ordinary copper to lose the head and use batons in an indiscriminate manner in direct opposition to their training?

Sensationalist when it demostrated that Garda (including one lad who hurls for kilkenny in the all Ireland) use racial abuse to intimidate prisoners?

Sensationalists when it demostrated that no Garda has been convicted of assault in a criminal case despite over a 1,000 complaints in the past two years, a figure made the more shocking by the fact that 4.1 million € has been spent in court settlements over incidents of garda assault?

Sensationalist when it heard testimony from a witness and showed footage of garda in broad daylight using excess force in the middle of dublin city center?

Or sensationalist when the Garda press officer couldn't answe the most basic questions about the issue?

The prime time didn't damage the Garda's reputation, the Garda damaged their own reputation.

Its scum who act the maggot in police stations who wont calm down after taking all kinds of drugs and drink who kick lumps out of cell doors and headbut cell walls who claim that they've been given a hiding in a station. They're purely embarressed at what they've done. There's no need for Gardai to hit them - they damage themselves.

If you're gonna listen to fools like those they interviewed on Primetime - then all I can say is that you should take your head out of the sand and look at the state of people on a Saturday night in your local town.

Yeah and I'll admit they have an unpleasant job but then they volunteered for it.

But the suggestion that anyone who comes out of a station with a few lumps and bruises, well sure he just fell down the stairs got old a long time ago.............

Because the Garda swears the oath - the accused doesn't

No, if he was giving contradictory evidence he may be asked to take the stand, and swear an oath. And I was talking in general as well, a judge is likely to believe a Garda over joe average every day. If a Garda says X and You say Y, the judge will believe X, if it's your word aganist the Garda.

It won't be contempt of court - just plead not guilty and it will go for a hearing in some future date - however if you are found guilty after pleading not guilty - you will be fined more severely.

Not the brightest are you? I was suggesting that if he stood up and objected to the Garda's statement while the Garda was on the stand, he could be found to be in contempt of court. I've seen it happen. I was suggesting that if he was going to object to the Gardai's statement he should have a solicitor handy, so the solicitor knows when to object and raise issue. Far too many people wander into the circuit courts embolden by watching a couple of re runs of LA law, and assume they understand the procedure.

Yes - but I don't think free legal aid is provided for Public Order cases - part of the punishment is paying for your legal fees

Sound of head thunking aganist keyboard. And again, dimwit, I was suggesting that the plantiff here, should consider whether it's worth the hassle and expense of hiring a solicitor, because even if the solicitor gets him off, it may end up costing more than the fine and charitable donation. I was suggesting he play the % and figure out whether it might not be worth his while to just grin and bear it, and chalk it all up to experience......

--Kaiser--

The only thing i've heard about gardai from guys that have actually been arrested/apprehended by gardai is that they beat the s**te out of you when they pick you up, maybe its just limerick

Wertz

--Kaiser-- wrote:

The only thing i've heard about gardai from guys that have actually been arrested/apprehended by gardai is that they beat the s**te out of you when they pick you up, maybe its just limerick

Yeah but sure obviously anyone that get's arrested in Limerick (or many other provincial towns/cities) is a scumbag by default and deserve a good hiding

tba

cupthehand wrote:

I got a summons last week for some minor public order offences and am up in court in two weeks

what did you do?

Jesus1222

Wertz wrote:

Yet every week I open the paper there's the story of some robbing c**t that gets lenient treatment for a serious offence simply cos they had "A lot of drink taken".

Em, you're confused here. What I was saying was: if you were assaulted by a member of the Gardaí, and you subsequently complain about your treatment - you will not be taken seriously if you had drink taken at the time.

I'm not sure what exactly you're on about. Presumably you mean people have got lenient treatment for a "serious" offence after telling the judge they had alot of drink taken. A situation like that has nothing to do with what I'm on about. Perhaps you could give us an example, otherwise we have no way of knowing what you're talking about.

Hitchhiker's Guide to...

cupthehand - to go back to your question...

You are definitely best to get a solicitor. You don't need to hire one now; there will be a few solicitors hanging around the courts waiting to be hired. They don't charge very much - maybe 40-60 euro. Spend that money; tell the solicitor what happened, and then let him/her sort it out.

You definitely do not want to make a point of the wrong address thing (IMO), unless the solicitor says otherwise. You want to get in and out as quickly as possible. Just say that you're sorry, take your fine, and get out. The longer the case lasts the more likely you are to be mentioned in the newspaper. This media-mention is far, far worse than any fine that may be imposed on you. You want your case to be as non-memorable as possible.

Oh, and, of course, be very smartly dressed

Wertz

Jesus1222 wrote:

Em, you're confused here. What I was saying was: if you were assaulted by a member of the Gardaí, and you subsequently complain about your treatment - you will not be taken seriously if you had drink taken at the time.

I'm not sure what exactly you're on about. Presumably you mean people have got lenient treatment for a "serious" offence after telling the judge they had alot of drink taken. A situation like that has nothing to do with what I'm on about. Perhaps you could give us an example, otherwise we have no way of knowing what you're talking about.

Yeah that's what I was on about...I know it's not what you meant...sorry for the confusion.
I was following on from what you'd said and adding to it the fact that the "Drink taken" defence during serious criminal damage/assault cases is played by solicitors, often to great effect.
But try standing up in court when charged with a public order/D'n'D offence and saying that you were badly treated by the gardaí involved and see where it gets you...

Jesus1222

Wertz wrote:

Yeah that's what I was on about...I know it's not what you meant...sorry for the confusion.
I was following on from what you'd said and adding to it the fact that the "Drink taken" defence during serious criminal damage/assault cases is played by solicitors, often to great effect.
But try standing up in court when charged with a public order/D'n'D offence and saying that you were badly treated by the gardaí involved and see where it gets you...

That fact you had drink taken wouldn't matter to a judge. The fact a solicitor offers that excuse and a judge imposes a fine that YOU regard as lenient, doesn't necessarily mean the judge was lenient because that excuse was given.

Wertz

Jesus1222 wrote:

That fact you had drink taken wouldn't matter to a judge. The fact a solicitor offers that excuse and a judge imposes a fine that YOU regard as lenient, doesn't necessarily mean the judge was lenient because that excuse was given.

Wait...what?
Where did I mention fines?
I'm talking about serious offences not D'n'D or public order. It's the sentencing being lenient (not just ME regarding it as such either) when the "Oh but my client had a few too many, your honour...you know how it is" card is played by a solicitor. It happens a lot in district courts...open a local paper any week and you can see for yourself.

To reiterate as to why I even brought that up (since it's off-topic), I don't see why someone charged with a serious offence can use alcohol as an excuse and be treated less harshly (in other words drink should not be a mitigating factor in the commital of a crime), whilst conversely, someone up on a charge directly relating to drunkeness and public order is deigned to be untrustworthy or a liar if they dare to challenge the word/actions of the Gardaí involved in the arrest.

hullaballoo

the cops have to get the charge sheet right, so when its read to you and they say how do you plead, say not guilty, the judge will have to dismiss it if the charge sheet is wrong.

there's no guarantee it'll be the last you hear of it though, that depends on whether the judge acquits you, in which case, you free and clear, or whether he orders a re-trial (not very likely for a summary hearing)

get a solicitor if you want, but you don't really need one.

Jesus1222

Mutz wrote:

Wow - you were told? How about the incidents from PEOPLE who have drank redbull and vodka mixed with a little coke or speed... nah you're right - they'd be fine I'm sure! :rolleyes:

Jesus1222 - please cop on you muppet. Everyone has realized at this stage that the Primetime program was sensational and has done huge amounts of damage to the rep of the Gardai.

Its scum who act the maggot in police stations who wont calm down after taking all kinds of drugs and drink who kick lumps out of cell doors and headbut cell walls who claim that they've been given a hiding in a station. They're purely embarressed at what they've done. There's no need for Gardai to hit them - they damage themselves.

If you're gonna listen to fools like those they interviewed on Primetime - then all I can say is that you should take your head out of the sand and look at the state of people on a Saturday night in your local town.

Actually, I was told by somebody who had first hand knowledge of this.

And there's no need for personal abuse, just because you don't agree with me. Friends of mine have been assaulted by police, I know what I'm talking about. Sure, they might have been drinking, but they are not "scum", they weren't taking drugs, they were not violent and they were not abusive towards Gardaí. They weren't in a cell when the assault took place. The Gardaí just didn't like people not taking **** from them, questioning their treatment and the bullying and intimidatory tactics being used. My friends say the Gardaí subsequently assaulted them.

This is just one incident.

As for Primetime, the Gardaí said it was sensationalist. It doesn't follow that it was sensationalist. The facts, given in the program, speak for themselves. The "fools" on Primetime received massive payouts at the expense of taxpayers, because of the behaviour of Gardaí. The State isn't in the business of giving out tens of thousands of euro to every complainant, it's more than likely those "fools" deserved compensation.

Obviously Gardaí do have the right to use force when necessary and more often than not Gardaí behave appropriately but it's obvious that they can also let themselves down by bullying, intimidating and assaulting people. If Primetime is to be believed, these aren't isolated incidents. As Joe Higgins said: it happens every night of the year in stations across the country. I was on the LUAS recently, I overheard two Gardaí talking about a homeless person who made a complaint to them about another Garda they knew. They mimicked the homesless persons Dublin accent saying: "I just said I was tired and could they not leave me alone and the bangarda just kicked me in the stomach" and they laughed. It sums up their attitude to people who they know they can get away with bullying. A case in point is the "May Day Protest".

Sharza-

Wertz wrote:

What so that's a reason to assume I'm a crim? If it was a ski-mask I could understand.

What so wearing a ski-mask is reason to assume someones a crim?

Would you prefare if the guards didnt go after anyone who looked suspicious?

Wertz wrote:

The guy was never charged with anything and was obviouslyonly arrested to piss him off and f*ck up his day out.

And what exactly was the purpose of this guy saying his name in Irish? To piss off the garda.

Seriously Garda get an awful rap sometimes (sometimes they deserve it) but its muppets like you by the sounds of things who like to get up guards noses and then hide behind technicalities. Your mate was drunk and acting the muppet to the guards face, thats grounds for a few hours in a cell in my opinion.



With regards to your case, yeah I think you have a chance at getting off it for nothing because the charge is erroreous

Wertz

Sharza- wrote:

What so wearing a ski-mask is reason to assume someones a crim?

Would you prefare if the guards didnt go after anyone who looked suspicious?

Yeah I'd say that wearing a ski-mask/balaclava, in this country is reason enough to assume criminal behaviour...why else do you try to conceal your face if it's not for the fact that you're up to no good?

Sharza- wrote:

And what exactly was the purpose of this guy saying his name in Irish? To piss off the garda.

Sure, the guy was being facetious...but his attitude was why was he stopped, if for no other reason than to piss him off?
Regardless of that fact, there's no crime in speaking in Irish, even if it's to a member of the gardaí (you might recall that up until last year, any candidate wishing to attend Templemore was required to have a high standard in Irish).
If it was a crime then he woulda been charged I'm sure...

Sharza- wrote:

Seriously Garda get an awful rap sometimes (sometimes they deserve it) but its muppets like you by the sounds of things who like to get up guards noses and then hide behind technicalities. Your mate was drunk and acting the muppet to the guards face, thats grounds for a few hours in a cell in my opinion.

Muppets like me? Anyone who uses that slur is nothing better than that themselves...hateful word. Also, personal insults are against forum charter...go read it.
I was walking down the f*cking street, well on it, that was the height of my "getting up guards nose". As I already stated, I wasn't shouting, being any sort of threat, just minding my own business.
Where am I hiding behind technicalities? Rugby tackled, forcibly handcuffed and bundled into a cell for ignoring a request for me to give my name is overkill...would you not agree?
Why bother explaining...you've already made up your mind.
I used to have some respect for the force, and for those willing to do a sh*tty job like that...as I said, this incident put an end to that.

Sharza- wrote:

With regards to your case, yeah I think you have a chance at getting off it for nothing because the charge is erroreous

Well it's not my case....I was merely offering the OP my tuppence worth on his query. I got off with probation act in my case, but there should never have been a charge to answer.

jonny68

What happens if you have a summons but have lost it but you know when you've to appear in court?Also does the Garda have to serve the actual person who the summons is for in order for it to be valid or can they just turn up at the adress and serve it to whoever answers the door?

mycroft

jonny68 wrote:

What happens if you have a summons but have lost it but you know when you've to appear in court?Also does the Garda have to serve the actual person who the summons is for in order for it to be valid or can they just turn up at the adress and serve it to whoever answers the door?

A summons is a legal document, you should take better care of it. You won't need to present your summons.

They can serve it to you, or anyone who abode's at your address.

vector

conclusion from reading this thread so far

avoid guards, even if you are innocent and just have information on something
if you speak to them, keep it to the minimum, don't give your name unless you have too or you will become "known to the gardai", save up about 5000 (or some other solid amount) and keep it in case you need a solicitor

cupthehand

tba wrote:

what did you do?

Basically told a cop about twenty seconds worth of what I thought of him coz he was grabbing me around the arm while I was trying to sort out a disagreement...thus conatined ALOT of F's and of course the memorable line....."fcuk off back to Templemore"...
He also F'd me out of it and his very last line to me was F off home...I thought it was all forgotten about untill about three months later I get this summons in the door for being drunk and a danger to myself and others and drunk in a public place (and of course I wasn't in that place!) and for the record I wasnt even THAT drunk i was fully aware of what was happening.

StupidLikeAFox

I can see you getting off on a technicallity

mycroft

ColHol wrote:

I can see you getting off on a technicallity

Well thats sage legal opinion.....

padser

as a legal student with 2 yrs law benind me i would tell u def dont go into court without solicitor, he will spot things you never would in relation the case,

you wouldnt get off because of the wrong address. People getting off on 'technicalities' mean legal technicalities not administrative.

and lastly understand in the district court its all about the judge, the law dosent matter, if you make a good impression he will be your pal and your offscot free, if not your screwed, unfair but true

padser

Wertz wrote:

). I was rugby tackled to the footpath, handcuffed and placed in the back of a squad car (with no seatbelt I might add) and subjected to slanderous remarks from 2 kerry sheep shaggers fresh out of Templemore.
here?

they r no better and in many cases a lot worse then the criminals they are meant to protect us from

Jesus1222

padser wrote:

as a legal student with 2 yrs law benind me i would tell u def dont go into court without solicitor, he will spot things you never would in relation the case,

you wouldnt get off because of the wrong address. People getting off on 'technicalities' mean legal technicalities not administrative.

and lastly understand in the district court its all about the judge, the law dosent matter, if you make a good impression he will be your pal and your offscot free, if not your screwed, unfair but true

Wearing a shirt and tie and saying "yes no three bags full thank you" is enough. If its for a minor public order offence.

padser

Jesus1222 wrote:

Wearing a shirt and tie and saying "yes no three bags full thank you" is enough. If its for a minor public order offence.

Yeah id have agree with that. minor stuff like that really just come down to a judge. My reason for saying get a solicitor though is that he will prob know the judge in question and be able to advise you on how to play him.

mycroft

Jesus1222 wrote:

Wearing a shirt and tie and saying "yes no three bags full thank you" is enough. If its for a minor public order offence.

Shirt tie, yes your honour, apologise for any offence caused to officer, you have the highest respect for the office and roll they play in society, and this was merely some uncharacteristic display of youthful high jinks