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Police want to talk to you? What do you do?

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Comments

  • Registered Users, Registered Users 2 Posts: 10,115 ✭✭✭✭Junkyard Tom




  • Registered Users, Registered Users 2 Posts: 5,673 ✭✭✭AudreyHepburn


    The reason is there is NOTHING to be gained from speaking to them.

    If you are innocent or guilty it doesn't really matter, speaking to them can be very bad for you, it only benefits the Gardai. Why do they do it in the first place? To gather evidence/force a confession.

    I don't what sort of police officers you've had the misfortune of dealing with but they either weren't very professional or you gave them reason to treat you like you were guilty of something.

    In the vast majority of cases the police will have simply called you in for in for question simply to help get to the bottom of a case....it does not mean they believe you did something or they are are trying to force into anything.

    Once again if you have done nothing wrong, you should have nothing to be afraid of.


  • Registered Users, Registered Users 2 Posts: 5,673 ✭✭✭AudreyHepburn


    gramar wrote: »
    I'd be inclined to agree. Thing is...the police/gardaí arrest a lot of people..some guilty some not but they will all protest their innocence regardless so they've heard it all before. Might be best to say as little as possible till you can gather your thoughts.

    But surely by saying nothing and refusing to cooperate you would appear to them to be hiding something?


  • Closed Accounts Posts: 2,878 ✭✭✭gizmo555


    But surely by saying nothing and refusing to cooperate you would appear to them to be hiding something?

    And? Is appearing to the Gardaí to be hiding something an offence?


  • Registered Users, Registered Users 2 Posts: 5,673 ✭✭✭AudreyHepburn


    gizmo555 wrote: »
    And? Is appearing to the Gardaí to be hiding something an offence?

    Perversion of Justice/Hindering an investigation is an offence as far as I am aware.

    So you can see why you appearing to be holding something back might not go over well.


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  • Moderators, Regional East Moderators Posts: 21,505 Mod ✭✭✭✭Agent Smith




  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    Perversion of Justice/Hindering an investigation is an offence as far as I am aware.

    So you can see why you appearing to be holding something back might not go over well.

    The why do the gardee keep doing it so?


  • Registered Users, Registered Users 2 Posts: 5,673 ✭✭✭AudreyHepburn


    Bambi wrote: »
    The why do the gardee keep doing it so?

    Keeping doing what?:confused:


  • Closed Accounts Posts: 2,878 ✭✭✭gizmo555


    Perversion of Justice/Hindering an investigation is an offence as far as I am aware.

    So you can see why you appearing to be holding something back might not go over well.

    The OP's question was should one talk to the police. It doesn't really matter if staying silent doesn't "go over well" with the Gardaí. It's for the courts and not the Gardaí to decide if you're guilty of an offence.


  • Registered Users, Registered Users 2 Posts: 17,300 ✭✭✭✭razorblunt


    Years ago now I was arrested for some serious crimes in the U.K. and they brought in one of those criminal psychologists to suss me out.

    I wasn't having any of it and so started singing..

    L.I.V. E.R.P. Double O.L. Liverpool F.C.

    ..over and over again. Really wrecked his head. He had a gambling problem and I think I might have made it worse.

    Cracker of a story.


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  • Closed Accounts Posts: 2,878 ✭✭✭gizmo555


    Is irrelevant in Ireland...

    It's very relevant. The same tactics described in the video are used by police the world over. And we have rights not to self-incriminate ourselves similar - not identical, but similar - to the US 5th amendment rights.


  • Closed Accounts Posts: 3,949 ✭✭✭Mesrine65


    If anything is to be garnered from this thread, it's that a large number of our populace have a wariness regarding An Garda Síochána & the way they conduct themselves.


  • Banned (with Prison Access) Posts: 454 ✭✭Peter Anthony


    What if its assault and your defence is self defence?


  • Registered Users, Registered Users 2 Posts: 13,226 ✭✭✭✭jmayo


    Is OP a politician or rather ex politician by any chance ?

    I am not allowed discuss …



  • Banned (with Prison Access) Posts: 454 ✭✭Peter Anthony


    Mesrine65 wrote: »
    If anything is to be garnered from this thread, it's that a large number of our populace have a wariness regarding An Garda Síochána & the way they conduct themselves.

    If fairness there are some real rogues in the force that think nothing of lying in court and sticking people on false charges.

    Its easy to say trust them and "if you've nothing to hide", until you have dealings with them and see what goes on, or land in front of them in the station.


  • Closed Accounts Posts: 2,878 ✭✭✭gizmo555


    What if its assault and your defence is self defence?

    Give your defence in court.

    (Take a look at the video I linked to above. As well as being quite entertaining, it's a real eye-opener.)


  • Closed Accounts Posts: 3,949 ✭✭✭Mesrine65


    If fairness there are some real rogues in the force that think nothing of lying in court and sticking people on false charges.

    Its easy to say trust them and "if you've nothing to hide", until you have dealings with them and see what goes on, or land in front of them in the station.
    I agree...

    What stood out for me in this thread, is the lack of trust & wariness of a large amount of people in our society against the so called 'guardians of society'

    This lack of trust/wariness suggests to me that An Garda Síochána are failing in their mission statement of 'working with communities to protect & serve'

    http://garda.ie/Controller.aspx?Page=5416


  • Registered Users, Registered Users 2 Posts: 3,427 ✭✭✭RustyNut



    Once again if you have done nothing wrong, you should have nothing to be afraid of.

    Why should I need to prove that I done nothing wrong.

    Talking to AGS didn't work out too well for Dean Lyons and he done nothing wrong.
    The report found that five senior gardai ignored concerns over Dean's confession but did not inform the DPP of the concerns.
    Convicted killer Mark Nash later confessed to his then girlfriend, Sarah Jane Doyle, that he had murdered the two women.
    Nash had knowledge of the crime scene only the murderer could have known. He admitted he was the Grangegorman killer but he was never charged.
    But investigating gardai continued to refuse to accept they had made a mistake. This led to delays in releasing Lyons from custody. He died from a heroin overdose in 2000.


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    The reason is there is NOTHING to be gained from speaking to them.

    If you are innocent or guilty it doesn't really matter, speaking to them can be very bad for you, it only benefits the Gardai. Why do they do it in the first place? To gather evidence/force a confession.

    Might be you can assist in the investigation of a crime ? help the victim of a crime. do you duty as a citizen.

    Its people who refuse to speak when they can help that add to state the country and justice system is in.

    By all means protect your self with legal representation but why stone wall an investigation if you can help.


  • Posts: 22,384 ✭✭✭✭ [Deleted User]


    For all those saying "stay silent", wrong wrong wrong.

    It may be advisable, but it depends very much on the nature of the allegation, whether inferences can be drawn from the silence, the nature of any instructions/defence etc. Instructing a client in a Garda Station is one of the most intricate areas of law, as so much can hinge on what is said...and not said...there.


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  • Banned (with Prison Access) Posts: 323 ✭✭emigrate2012


    In my own experience "No comment" is your best friend.

    Was done for cultivation of cannabis/possession.
    House was raided when I was in the pub.,getting phone calls from lad's from the estate saying gaff was getting turned over is how I found out.
    Was rushing home to deal with it when I realised that spending the evening in the station answering questions with a few pints on board was not a good idea...

    Got one of the lads to go around to the gaff to suss it out. (this lad ain't the sharpest knife) pulls into the drive, knocks on the door... Promptly dragged inside and is aggressively questioned about me and the plants. (knew all about it but wisely played dumb, not too hard in fairness) was threatened with arrest unless he rang me for them. So he did. Cop gets on the phone a second later "emigrate, ye know why we're here ye need to get home and talk to us" "I'm in the pub, not gonna happen tonight" we'll wait for ye" off ye go says I. (they waited 4 hours, while I got not so merrily elephants, bastards ate a packet of hob nobs on me too.)

    Went to the station next day, fully expecting to be arrested on the spot. Had to make an appointment to be arrested a week later...

    When arrested, the sergeant booking me in, STRONGLY suggested I talk to a solicitor in before questioning. I did.

    Outlined my situation, I said I was going to be pleading guilty (was caught, no point dragging it out) was advised to be careful during interview as they'd try trip me up, if unsure of any line of questioning the to say "No comment" as when it comes to court the judge has to disregard the that and can't infer guilt for not answering.

    Come interview, I gave all info, where I got everything, the whole process. Got to what, were you going to do with it? Smoke it. Is that not an awful lot for one person? Not really, I'd give a bit away,. So sell it? No. I put to you that you intended to Supply cannabis. No comment. Did you intend to sell cannabis? No comment. I put to you that by giving cannabis to your friends, that this is suppling cannabis, would you agree? No comment.

    Interview continued along a different line which I answered, then returned to the above theme, but worded different, trying to a catch me out. A few more no comments and the interview ended, they knew they weren't gonna catch me out.

    Anyway, those few "no comments“ were the difference between being charged with possession or possession with intent to supply, which would have been a lot worse for me.

    End result was a years probation as opposed to a possible 18 month sentence (which in all likelihood would have been suspended, but a custodial sentence is still collecting custodial)

    In hindsight, had I just began with "No comment" I wouldn't have been almost tripped up but it's all good in the end.

    ALWAYS SEEK LEGAL ADVICE BEFOREHAND, IF IN DOUBT "NO COMMENT" IS YOUR FRIEND.


    (sorry bout the essay)


  • Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    "Nothing to say .......... and please stop fondling my crotch!"


  • Registered Users, Registered Users 2 Posts: 7,236 ✭✭✭mcmoustache


    Once again if you have done nothing wrong, you should have nothing to be afraid of.

    Christ! Do people in this day and age still believe this?

    I can understand fascist-leaning ministers or the Inquisition coming out with this tripe but surely no sane citizen could be so naive as to believe this themselves.


  • Registered Users, Registered Users 2 Posts: 1,467 ✭✭✭Very Bored


    The Green Book says, and I quote, "This cannot be over stressed: when arrested SAY NOTHING... the best defence is to remain COOL, COLLECTED, CALM, and SAY NOTHING."


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    LDN_Irish wrote: »
    I was assaulted on a campsite (not travellers. Holiday style camping) by a man of around 50 when I was 15 and drunk. Turns out he was married to a police officer. He was annoyed because he alleged we woke him up and when he started shouting at me I told him to **** off so he punched me in the head. I punched him back and as I was walking away his friends who were woken by the commotion ran out and attempted to detain me so I tried to fight them off. I did a lot of shouting during the incident* and fell in to a table knocking it over**. They overpowered me and the police were called. While they had me detained I was verbally abusive towards them*** because one of them was bending my thumb backwards to intentionally cause me pain. Police came and arrested me. The original attacker admitted to police that he hit me first before any physical contact, they didn't arrest him. I told police he'd hit me first and should be arrested and they told ,e to shut up.

    Long story short, the next day I'm in questioning with my solicitor and submit a statement outlining the above but with the parts I've asterisked not included. I then answered any questions that had already been answered in my statement and "no commented" the rest. The reasons being that:

    *potentially disturbing the peace
    **potentially criminal damage
    ***potentially all kinds of charges depending on what I said.

    It doesn't matter that a court wouldn't convict on those charges because they all stemmed from someone else's criminality and was in the course of a reasonable defense of myself. The police will still try to stick charges on you and possibly put pressure on to agree to a caution if you give them anything to work with.

    Months later at dinner with my family my dad gets a phone call. The CPS, all charges dropped and would I like to still press charges against the man. No says I, like a ****ing muppet. I should have had him convicted.

    so your 15 years old drunk and waking up people on a camp site ? argument ensues police are called and a group of adults stop you leaving upon which point you become violent and aggressive.
    the adult told the truth and the police arrested the violent drunk aggressive 15 year old . you submit a statement that is full of lies and refuse to answer any other questions.
    police investigate and get the whole story presumably from the original man and friends who were willing to speak to them .
    out come is no charges and you are offered to opportunity to get your justice but you turned that down.

    seems like you were well done by the police despite being in the wrong and refusing to cooperate


  • Closed Accounts Posts: 2,878 ✭✭✭gizmo555


    For all those saying "stay silent", wrong wrong wrong.

    It may be advisable, but it depends very much on the nature of the allegation, whether inferences can be drawn from the silence, the nature of any instructions/defence etc. Instructing a client in a Garda Station is one of the most intricate areas of law, as so much can hinge on what is said...and not said...there.

    A lawyer doesn't "instruct" a client, the client instructs the lawyer.

    If you're a lawyer, you'll know the circumstances in which adverse inferences can be drawn from silence are narrowly drawn and the suspect must always be warned of the possible consequences of remaining silent.

    " . . . the court or jury can take into consideration (when deciding on your guilt or innocence) the fact that you had failed or refused to answer the questions when asked by the Gardai. If there is no other evidence put to the court or jury then they cannot convict you on the failure or refusal to answer questions alone. It can only be used to strengthen other evidence presented to the court or jury in the case. It also cannot be used unless the Garda informed you in ordinary, clear, understandable, language what the effect of a failure or refusal might be and you were given a reasonable opportunity to consult a solicitor. The questioning must be recorded electronically or you must consent in writing to it not being recorded."

    http://www.citizensinformation.ie/en/justice/arrests/right_to_silence_in_criminal_cases.html


  • Registered Users, Registered Users 2 Posts: 23,246 ✭✭✭✭Dyr


    mynamejeff wrote: »
    Might be you can assist in the investigation of a crime ? help the victim of a crime. do you duty as a citizen.

    Its people who refuse to speak when they can help that add to state the country and justice system is in.

    By all means protect your self with legal representation but why stone wall an investigation if you can help.

    I've known a few people "who did the right thing" and camfe forward only to have their lives fairly wrecked by the malignancy, indifference or incompetence of the gardai

    Stay well away from them whenever you can.


  • Registered Users, Registered Users 2 Posts: 3,427 ✭✭✭RustyNut


    mynamejeff wrote: »
    so your 15 years old drunk and waking up people on a camp site ? argument ensues police are called and a group of adults stop you leaving upon which point you become violent and aggressive.
    the adult told the truth and the police arrested the violent drunk aggressive 15 year old . you submit a statement that is full of lies and refuse to answer any other questions.
    police investigate and get the whole story presumably from the original man and friends who were willing to speak to them .
    out come is no charges and you are offered to opportunity to get your justice but you turned that down.

    seems like you were well done by the police despite being in the wrong and refusing to cooperate

    I think you left out the bit about an adult assaulting a child.


  • Closed Accounts Posts: 1,420 ✭✭✭esforum


    Too many people watching US cop shows on boards.

    Gardai dont have to tell a solicitor anything, they only have to give certain information to the arrested person and you may disclose whatever you want to your solicitor.

    Coming in for a chat, besides the possibility that you are the victim or a possible witness this also allows a suspect to make a statement at a time of their choosing without being arrested in work or in front of their families while having dinner.

    It can also be quicker as a chat would be a cautioned statement as opposed to an interview. Statements by their nature are quicker than interviews and as your not arrested you avoid the custody regulations which for times sake, take more up.

    Gardai normally ask people to come in for a chat when its a minor matter and can quickly be cleared up. Its also important to note that being seen as co-operate is probable the number 1 arguement for reduced sentences that defence solicitors use in court and also a factor in deciding if your suitable for an adult caution.

    As with everything in life, theres an easy and a hard way. Sometimes opting for the hard way may work out in your favour so yeah, if you committed an armed robbery shut up however often it does not so whereas a simple allegation of a relatively minor event can be dealt with by way of appointment, statement and garda caution with minimum fuss it can also be dealt with by arrest at your home or work, detention, charge and court.


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  • Banned (with Prison Access) Posts: 5 car_jacker


    esforum wrote: »
    Too many people watching US cop shows on boards.

    Gardai dont have to tell a solicitor anything, they only have to give certain information to the arrested person and you may disclose whatever you want to your solicitor.

    Coming in for a chat, besides the possibility that you are the victim or a possible witness this also allows a suspect to make a statement at a time of their choosing without being arrested in work or in front of their families while having dinner.

    It can also be quicker as a chat would be a cautioned statement as opposed to an interview. Statements by their nature are quicker than interviews and as your not arrested you avoid the custody regulations which for times sake, take more up.

    Gardai normally ask people to come in for a chat when its a minor matter and can quickly be cleared up. Its also important to note that being seen as co-operate is probable the number 1 arguement for reduced sentences that defence solicitors use in court and also a factor in deciding if your suitable for an adult caution.

    As with everything in life, theres an easy and a hard way. Sometimes opting for the hard way may work out in your favour so yeah, if you committed an armed robbery shut up however often it does not so whereas a simple allegation of a relatively minor event can be dealt with by way of appointment, statement and garda caution with minimum fuss it can also be dealt with by arrest at your home or work, detention, charge and court.


    sometimes you are asked " to call in for a chat " , if you decline , you then get a follow up call explaining that you will be arrested if you dont show up at the station and volunteer yourself to be arrested , being called in for a chat by police is not the same as being asked in for a chat by your new neighbour , they wouldnt ask you if they didnt suspect you of having done something

    the risks far outweigh the rewards when it comes to spilling your guts to the police , say nothing and wait until your day in court , the more you say , the more you need to remember in court and if its six months later , its easy to trip yourself up on the stand , the police often have agendas so its naive to think they have your best interest at heart


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