Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Missing court due to Illness

Options
  • 21-05-2019 10:11am
    #1
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭


    Hi i can't get through to my Solicitor and i have to appear in court tomorrow but i am not well enough to go.

    What will happen ? Is there anything else i can do ?


«13

Comments

  • Options
    #2
    SmartinMartin
    Registered Users Posts: 2,937 ✭✭✭SmartinMartin


    Civil court? Criminal court? Are you a witness? Accused?


  • Options
    #3
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭BohsCeltic


    SmartinMartin wrote: »
    Civil court? Criminal court? Are you a witness? Accused?

    District court. I am the accused. Already been 3 times but it kept getting put off because the Guard didn't turn up.


  • Options
    #4
    Dirkziggler
    Banned (with Prison Access) Posts: 948 ✭✭✭Dirkziggler


    BohsCeltic wrote: »
    District court. I am the accused. Already been 3 times but it kept getting put off because the Guard didn't turn up.

    Member of AGS isn't obliged to turn up unless its a hearing. Sergeant in the court will be able to deal with it. A bench warrant wikk be issued for your arrest if your solicitor cannot explain your whereabouts.


  • Options
    #5
    SmartinMartin
    Registered Users Posts: 2,937 ✭✭✭SmartinMartin


    If you fail to appear without explanation the court will issue a bench warrant for your arrest. Email your solicitor with proof of illness.


  • Options
    #6
    Squatter
    Closed Accounts Posts: 1,841 ✭✭✭Squatter


    SmartinMartin wrote: »
    If you fail to appear without explanation the court will issue a bench warrant for your arrest. Email your solicitor with proof of illness.

    Also may be worth while contacting the District Court Clerk to let him/her know why you won't be there.

    You can find contact details on your summons or on the courts.ie website: link

    http://courts.ie/Courts.ie/Library3.nsf/0/86900F85DDB12EB780257FB00056C676?opendocument&l=en


  • Advertisement
  • Options
    #7
    Duffryman
    Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    Nobody at all in your solicitor's office to answer the phones and take messages? Strange.


  • Options
    #8
    drunkmonkey
    Registered Users Posts: 28,119 ✭✭✭✭drunkmonkey


    Go to doctors get some steroids to get you through the day. They probably won't prescribe them much longer.


  • Options
    #9
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭BohsCeltic


    Can't get an appointment with doc and i wouldn't touch steroids. I suffer from anxiety and depression but also now have a stomach bug.

    My nerves are at a loose end now. I do not want the Garda calling to my home.


  • Options
    #10
    Dial Hard
    Registered Users Posts: 13,413 ✭✭✭✭Dial Hard


    BohsCeltic wrote: »
    Can't get an appointment with doc and i wouldn't touch steroids. I suffer from anxiety and depression but also now have a stomach bug.

    My nerves are at a loose end now. I do not want the Garda calling to my home.

    There are plenty of perfectly safe steroids out there that are legitimately prescribed for medical reasons. I'm just off a course myself for a bad chest infection.

    Anyway, if you genuinely can't get a hold of your solicitor I think you need to just suck it up and attend. Let the clerk know when you arrive that you have a stomach bug and may need to step out intermittently if you think you're going to throw up.

    Mod
    For future reference pls don't give medical advice on this forum


  • Options
    #11
    Dirkziggler
    Banned (with Prison Access) Posts: 948 ✭✭✭Dirkziggler


    BohsCeltic wrote: »
    Can't get an appointment with doc and i wouldn't touch steroids. I suffer from anxiety and depression but also now have a stomach bug.

    My nerves are at a loose end now. I do not want the Garda calling to my home.

    A bench warrant will bring the Garda to your home by this weekend. I recommend you attend.


  • Advertisement
  • Options
    #12
    jimmycrackcorm
    Registered Users Posts: 14,330 ✭✭✭✭jimmycrackcorm


    If you cannot connect your solicitor then who is supposed to be representing you in court?


  • Options
    #13
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭BohsCeltic


    jimmycrackcorm wrote: »
    If you cannot connect your solicitor then who is supposed to be representing you in court?

    I have a barrister aswell and trying to contact him too. Maybe in court so cannot answer.


  • Options
    #14
    deandean
    Registered Users Posts: 2,229 ✭✭✭deandean


    Take a deep breath, and go to court tomorrow. Get it out of the way.
    The longer it goes on, the worse it'll be for your anxiety.
    Best of luck.


  • Options
    #15
    Duffryman
    Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    And still nobody in the solicitor's officer to answer the phone and take a message?


  • Options
    #16
    Dirkziggler
    Banned (with Prison Access) Posts: 948 ✭✭✭Dirkziggler


    BohsCeltic wrote: »
    I have a barrister aswell and trying to contact him too. Maybe in court so cannot answer.

    A barrister in the district courts? Okay something doesnt add up.

    How about we start again and you be honest and we will tell you what we think.

    A barrister and a brief in a district court is unheard of, It is a legal team for a circuit court not Guilty plea.


  • Options
    #17
    Duffryman
    Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    It's not completely out of the question to have a barrister in the District Court. I know there are some who specialise in drink driving cases, for example, and probably make most of their appearances in the District.

    It did occur to me as well though that if OP is in a situation whereby he needs both solicitor and barrister for the District Court, then feeling unwell should probably be the least of his worries. I certainly wouldn't be expecting a judge to accept a 'sorry, absent due to self-diagnosed illness' excuse, even if that message was delivered by a solicitor.


  • Options
    #18
    eagle eye
    Registered Users Posts: 37,653 ✭✭✭✭eagle eye


    Excellent advice given by Squatter. Contact the court service if you cannot get your solicitor.


  • Options
    #19
    Dirkziggler
    Banned (with Prison Access) Posts: 948 ✭✭✭Dirkziggler


    Duffryman wrote: »
    It's not completely out of the question to have a barrister in the District Court. I know there are some who specialise in drink driving cases, for example, and probably make most of their appearances in the District.

    It did occur to me as well though that if OP is in a situation whereby he needs both solicitor and barrister for the District Court, then feeling unwell should probably be the least of his worries. I certainly wouldn't be expecting a judge to accept a 'sorry, absent due to self-diagnosed illness' excuse, even if that message was delivered by a solicitor.

    I only see a SC in a district court if they are filling in for a colleague. But as you said if both are required DO NOT miss tomorrow it seems important or on the higher end of the scale.


  • Options
    #20
    Dirkziggler
    Banned (with Prison Access) Posts: 948 ✭✭✭Dirkziggler


    eagle eye wrote: »
    Excellent advice given by Squatter. Contact the court service if you cannot get your solicitor.

    Court service will not excuse him, His solicitor will need to present the excuse in open court and then will have to verify if his client is unwell.


  • Options
    #21
    Duffryman
    Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    Dirkziggler wrote: »
    .....and then will have to verify if his client is unwell.

    So, OP....back to you....do you even have a doctor's cert yet to present to your solicitor, if or when you do manage to get in touch with him or her?

    Or even somebody in his or her office?


  • Advertisement
  • Options
    #22
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    deandean wrote: »
    Take a deep breath, and go to court tomorrow. Get it out of the way.
    The longer it goes on, the worse it'll be for your anxiety.
    Best of luck.

    Let's assume that this person actually has diagnosed depression and anxiety.

    Your advice: Suck it up

    https%3A%2F%2Fblogs-images.forbes.com%2Frobertszczerba%2Ffiles%2F2016%2F03%2Fmentalhealth2.jpg


  • Options
    #23
    El Tarangu
    Registered Users Posts: 1,615 ✭✭✭El Tarangu


    Deleted User wrote: »
    Let's assume that this person actually has diagnosed depression and anxiety.

    Your advice: Suck it up

    What I took from the advice is that the OP should take a triple dose of immodium and go to court, because a few hours physical discomfort will spare them weeks of mental anguish if they end up with a bench warrant hanging over their head.


  • Options
    #24
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    El Tarangu wrote: »
    What I took from the advice is that the OP should take a triple dose of immodium and go to court, because a few hours physical discomfort will spare them weeks of mental anguish if they end up with a bench warrant hanging over their head.

    If I have mis-understood the poster I, of course, apologise.


  • Options
    #25
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭BohsCeltic


    My Solicitor won't be there, just barrister.

    And thank you to the poster who understands anxiety and depression. Sometimes it's hard to even go to the shop let alone a court room full of people.


  • Options
    #26
    Dirkziggler
    Banned (with Prison Access) Posts: 948 ✭✭✭Dirkziggler


    BohsCeltic wrote: »
    My Solicitor won't be there, just barrister.

    And thank you to the poster who understands anxiety and depression. Sometimes it's hard to even go to the shop let alone a court room full of people.

    Im not trying to diminish your illness as im well aware how debilitating it is, But do you realise how hard it is to get bail when you have taken a bench warrant. Thats all im saying weigh it up, Ill bow out here

    best of luck.


  • Options
    #27
    Duffryman
    Banned (with Prison Access) Posts: 547 ✭✭✭Duffryman


    The fact that you expect your barrister to be there tomorrow would suggest that the case is listed for hearing this time. It would be unusual for a barrister to attend DC if it’s likely to just be another adjournment.

    So, if you’re seriously considering not going, you should give ample thought to the likely consequences – particularly if you don’t have a medical certificate to explain your absence.

    Still…your decision. I'm bowing out now too.


  • Options
    #28
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭BohsCeltic


    Duffryman wrote: »
    The fact that you expect your barrister to be there tomorrow would suggest that the case is listed for hearing this time. It would be unusual for a barrister to attend DC if it’s likely to just be another adjournment.

    So, if you’re seriously considering not going, you should give ample thought to the likely consequences – particularly if you don’t have a medical certificate to explain your absence.

    Still…your decision. I'm bowing out now too.

    He was there the last time and it was adjourned. Just have to find some inner strength to go tomorrow. Strength i don't really have at the moment. But that's life.

    I am medically certified unfit for work from both my own GP and work GP.


  • Options
    #29
    eagle eye
    Registered Users Posts: 37,653 ✭✭✭✭eagle eye


    Dirkziggler wrote:
    Court service will not excuse him, His solicitor will need to present the excuse in open court and then will have to verify if his client is unwell.
    Court Servive will inform his solicitor and the judge.


  • Options
    #30
    drunkmonkey
    Registered Users Posts: 28,119 ✭✭✭✭drunkmonkey


    Does the Judge have to buy the sick note, could they just issue the bench warrant anyway.
    It's only kicking the can down the road though, it'll be another few months of worry. If you have a good barrister it could make all the difference. Have you arranged to meet them before the court starts in the morning or have ye previously discussed your options and how to handle things in there you won't have time once things start.
    If not be there an hour before hand and catch them for a sit down.


  • Advertisement
  • Options
    #31
    BohsCeltic
    Registered Users Posts: 1,576 ✭✭✭BohsCeltic


    drunkmonkey wrote: »
    Does the Judge have to buy the sick note, could they just issue the bench warrant anyway.
    It's only kicking the can down the road though, it'll be another few months of worry. If you have a good barrister it could make all the difference. Have you arranged to meet them before the court starts in the morning or have ye previously discussed your options and how to handle things in there you won't have time once things start.
    If not be there an hour before hand and catch them for a sit down.

    Have already met and gave him as much info as i could including medical history e.t.c. My fecking dashcam on my car decided to malfunction at the worst possible time so it could have helped according to him.

    Look i done a stupid thing, i drank the night before i was to see my work doctor due to anxiety over it and was over the limit the next day.

    I didn't get stopped for driving badly. I got stopped because my tax was out of date but he smelt the beer.
    Lesson learned. Have to face a problem that i caused myself now.


This discussion has been closed.
Advertisement