Summons served incorrectly?

Ae45 · 02-01-2020 05:41PM #1

Hi everyone

Are you obliged to appear in the District Court if your summons is served wrong?

My summons was left at my parents house where I no longer live. It was left with my 13 year old brother. The guard said to him 'I cant leave this with you as you are underage but did so anyway. A summons cannot be left with anybody under 16 upon doing some reading online.

Any advice much appreciated

Thanks

coylemj · 02-01-2020 07:40PM

The summons will be marked as 'served' so if you don't show up, the case will be heard and you'll probably be convicted and fined as the judge will only hear the prosecution (Garda) side of the case.

Solicitor time.

FAMLEE · 02-01-2020 07:42PM

OP, time to start a new life in the UK.

02-01-2020 07:44PM

coylemj wrote: »

Solicitor time.

The only advice you should heed.

FAMLEE · 02-01-2020 07:48PM

Ae45, what was the summons for..?

Ae45 · 02-01-2020 07:50PM

2 pills

antix80 · 02-01-2020 07:51PM

Ae45 wrote: »

2 pills

We're ya buying them or selling them?

Ae45 · 02-01-2020 07:53PM

neither - just had them in my pocket and got searched by undercovers

Purgative · 02-01-2020 07:53PM

OP there is no hay to be made from this.

The court will either deal with the matter in your absence as an earlier poster said, or adjourn for the summons to be served.

The most you will get out of this is a delay.

Back in the day, we used to serve summons by post. If anyone didn't turn up we'd ask for an adjournment to allow for personal service.

FAMLEE · 02-01-2020 07:54PM

Fair play on not being a rat, my advice would be go to court & take the fine , community service etc whatever the judge imposes.

Your not going to get 3 months over a couple of pills... the gard that caught you is probably just a cnut who is raging you wouldn't rat.

Ae45 · 02-01-2020 07:55PM

Would there be a big chance of bench warrant?

coylemj · 02-01-2020 08:03PM

Purgative wrote: »

The court will either deal with the matter in your absence as an earlier poster said, or adjourn for the summons to be served.

How will the case be even called (by the clerk, during a court sitting) only to be adjourned, if the summons is not marked as 'served'?

What I mean is, if the summons was not returned as 'served' then surely the case is a total non-runner? So will not be listed for any court sitting?

Ae45 · 02-01-2020 08:04PM

as they guard left it with my 13 year old brother - nothing was signed for - the guard even said 'im not allowed do this'

coylemj · 02-01-2020 08:06PM

Ae45 wrote: »

Would there be a big chance of bench warrant?

The answer depends on the charge (possession/intent to supply) and the substance involved. And the judge on the day.

Be careful what you disclose here.

keavebm · 02-01-2020 08:08PM

FAMLEE wrote:

Your not going to get 3 months over a couple of pills... the gard that caught you is probably just a cnut who is raging you wouldn't rat.

Go to court feck all wilk happen the guard was a cÃ—nt. Probably took them himself when he got home. Sorry my apologies guards are on coke now so no good to them

Ae45 · 02-01-2020 08:08PM

sorry i also forgot to say the summons only came yesterday and im scheduled for surgery on Monday (No chance Ill be better by Thursday for the case) what should I do?

coylemj · 02-01-2020 08:09PM

Ae45 wrote: »

as they guard left it with my 13 year old brother - nothing was signed for - the guard even said 'im not allowed do this'

But leaving the summons with someone suggests that he is going to register it as properly served.

punisher5112 · 02-01-2020 08:09PM

Ae45 wrote: »

sorry i also forgot to say the summons only came yesterday and im scheduled for surgery on Monday (No chance Ill be better by Thursday for the case) what should I do?

Call the guard and if he isn't any use call the court.

Ae45 · 02-01-2020 08:13PM

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

Ae45 · 02-01-2020 08:16PM

on the k

FAMLEE · 02-01-2020 08:16PM

Ae45 wrote: »

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

In that case, ignore the summons & get on with your life.. if another court dates comes upon.. explain about your 13 your old brother & it will be likely be thrown out

Ae45 · 02-01-2020 08:18PM

if i dont show up will there be a warrant out for my arrest?

FAMLEE · 02-01-2020 08:20PM

Ae45 wrote: »

if i dont show up will there be a warrant out for my arrest?

Yeah, and it could be years until you're forced to apper in which case explain your 13 year old brother took the summons not knowing what it was. Attend court & get struck out. Too many scumb4g garda out there doing this sh1te

jacknife · 02-01-2020 10:05PM

Ae45 wrote: »

neither - just had them in my pocket and got searched by undercovers

in court ask for the results of the scientific analysis they did on them, all substances have to be tested, no harm in asking anyway, they have to prove their case

drunkmonkey · 02-01-2020 10:06PM

Ae45 wrote: »

if i dont show up will there be a warrant out for my arrest?

Yes but you need this kicked down the road as if you read the papers in August last year what you've done wouldn't warrant a court appearance. Unfortunately Harris is in charge so nothing has happened and there have been no change as to how minor offences like yours are handled.
Harris said last year, 'Today is the start of a new approach. One that offers people a helping hand, not handcuffs"

To me when someone says today they mean today, I'm not sure when this new approach kicks in but talk to a solicitor https://www.newstalk.com/news/hse-intervene-cases-drug-possession-personal-use-889905

Someone might know when this is happening. If a judge was to read that article they'd wonder what your doing in front of them as well. I'd present it as evidence of why you shouldn't be there in the first place. Who are you to know Harris didn't mean today when he said today.

eddiervp20 · 02-01-2020 10:16PM

Honestly, I would attend the court and explain to the judge what the Garda has done in serving the summons to someone underage.
Best case scenario the judge will question the Garda there and then about it.

I've witnessed Gardaí getting a slap on the wrist by judges by doing stupid things from attending court of a friend.

The courtcase will prob proceed without you and you will receive a fine most likely. Unless you has a string of offences you wouldn't be looking at even a day in jail.

All you're doing is pissing off a judge by not attending and likelihood is they could give you a larger fine.
Court cases don't go away becuase you don't attend court and the sheer amount of people who don't attend and have to show up a second time with a bull**** excuse never works out in their favour.

tuxy · 02-01-2020 10:19PM

2 pills, don't lose any sleep over it.
Do ask a solicitor for advice though, they will have encountered this type of scenario frequently.

Salary Negotiator · 02-01-2020 10:20PM

How do you know when the court date is if your brother can’t find it?

tuxy · 02-01-2020 10:21PM

Salary Negotiator wrote: »

How do you know when the court date is if your brother can’t find it?

If he does not show or have someone to represent him there could be a bench warrant for his arrest. Even if it does not result in a prosecution it is not something you want hanging over you.

Foggy Jew · 02-01-2020 10:51PM

A prosecution over two pills??? C’mom! You must have previous?

Salary Negotiator · 02-01-2020 10:55PM

Ae45 wrote: »

sorry i also forgot to say the summons only came yesterday and im scheduled for surgery on Monday (No chance Ill be better by Thursday for the case) what should I do?

Ae45 wrote: »

a 13 year old wouldnt have a clue though..poor lad doesnt even know where the letter is

tuxy wrote: »

If he does not show or have someone to represent him there could be a bench warrant for his arrest. Even if it does not result in a prosecution it is not something you want hanging over you.

I agree, But I’m calling bull**** on the story. The younger brother seems to have lost the summons yet the OP knows when the court date is?

Hmmmmm

Summons served incorrectly?

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