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Adult Caution question

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  • 22-11-2022 12:22am
    #1
    Registered Users Posts: 22


    quick question on the Adult Caution Scheme that I can’t seem to find sn answer to:

    If a person is accused of a crime, and is offered an Adult Caution but refuses it and instead opts to be charged and go to court. Can they later change their mind once it is before the hearing date?

    Or is it a sort of one chance thing?



Comments

  • Registered Users Posts: 22,231 ✭✭✭✭endacl


    Take it.



  • Registered Users Posts: 22 JaneyMackey


    I’m certainly not looking for advice.

    Simply a procedural question.



  • Registered Users Posts: 2,124 ✭✭✭mikethecop


    yes, even after being charged, if the judge and gardai dont have an objection. up until the case is opened in court

    if there is enough in the case to get a charge and the option to take a caution is there then as the pervious poster said it makes sense to take it

    its not a conviction nor will affect your life in any way



  • Registered Users Posts: 22 JaneyMackey


    So once the first court appearance has happened it’s gone?



  • Registered Users Posts: 2,062 ✭✭✭Hobgoblin11


    Dundalk, Co. Louth



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  • Registered Users Posts: 22 JaneyMackey


    Thanks.

    The situation is that I didn't do anything wrong, however I stupidly went down to a Garda station and did a voluntary interview where I'm worried I fecked up by saying a person on CCTV from a year ago with a hood up and walking a route that I regularly walk (not pictured doing anything wrong mind you) could be me. I was then told this person was suspected of damaging property, which I of course said I didn't do. My solicitor still hasn't seen footage or statements but I'm basically worried that by going to court I'll get a conviction and maybe I should just reluctantly take the Caution to get it over and done with. I also don't deal very well with anxiety and have been stressed out for months over it.

    The Garda himself told me after interview he thought that should be the end of it but later told me his boss said to him that he thought there was enough evidence to charge me.

    I have a date for the first appearance in court. What I'm wondering is does to the Caution have to be taken by then, or can I decide before the actual hearing date, if you get me.



  • Registered Users Posts: 2,124 ✭✭✭mikethecop


    with out giving you advice , one of the factors of an adult caution is that you have to admit guilt

    and there is no reason to admit some thing you didn't do. if it was me id go talk to a solicitor, most will see you free of charge and look for free legal aid in court. but they will also get a look at the evidence and be able to advise you. if the evidence isn't there the judge will dismiss the case,

    there are plenty of people making bad calls in middle management of AGS



  • Moderators, Politics Moderators Posts: 38,835 Mod ✭✭✭✭Seth Brundle


    This is your second thread on this matter...

    Have you received actual legal advice from your solicitor?



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