Missing court due to Illness

BohsCeltic · 21-05-2019 10:11am #1

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 ?

SmartinMartin · 21-05-2019 10:14am

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

BohsCeltic · 21-05-2019 10:16am

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.

Dirkziggler · 21-05-2019 10:20am

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.

SmartinMartin · 21-05-2019 10:21am

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

Squatter · 21-05-2019 10:33am

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

Duffryman · 21-05-2019 10:44am

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

drunkmonkey · 21-05-2019 11:19am

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

BohsCeltic · 21-05-2019 11:35am

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.

Dial Hard · 21-05-2019 11:46am

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

Dirkziggler · 21-05-2019 12:09pm

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.

jimmycrackcorm · 21-05-2019 1:43pm

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

BohsCeltic · 21-05-2019 2:02pm

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.

deandean · 21-05-2019 2:06pm

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.

Duffryman · 21-05-2019 2:14pm

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

Dirkziggler · 21-05-2019 2:16pm

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.

Duffryman · 21-05-2019 2:20pm

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.

eagle eye · 21-05-2019 2:21pm

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

Dirkziggler · 21-05-2019 2:22pm

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.

Dirkziggler · 21-05-2019 2:23pm

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.

Duffryman · 21-05-2019 2:27pm

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?

21-05-2019 2:39pm

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

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El Tarangu · 21-05-2019 2:50pm

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.

21-05-2019 3:01pm

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.

BohsCeltic · 21-05-2019 3:24pm

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.

Dirkziggler · 21-05-2019 3:26pm

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.

Duffryman · 21-05-2019 4:04pm

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.

BohsCeltic · 21-05-2019 4:39pm

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.

eagle eye · 21-05-2019 4:41pm

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.

drunkmonkey · 21-05-2019 6:10pm

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.

BohsCeltic · 21-05-2019 7:06pm

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.

STB. · 21-05-2019 7:12pm

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.

I suspected it was a DD.

It was rescheduled 3 times already because the Garda didn't turn up ? Over what period of time ?

If the Garda does not turn up tomorrow, the judge might not be so accommodating. Turn up!

Victor · 21-05-2019 7:18pm

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.

Go to pharmacy. Alternatively, there are out-of-hours doctors in many locations.

Is there someone you can send, to ensure communication with your legal team?

When the time comes, do you have someone to go to court with you?

donkeykong5 · 21-05-2019 7:19pm

BohsCeltic wrote: »

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.

If it has already been put off 3 times that's crazy. Get a letter from your doctor saying you are unwell.

BohsCeltic · 21-05-2019 7:22pm

STB. wrote: »

I suspected it was a DD.

It was rescheduled 3 times already because the Garda didn't turn up ? Over what period of time ?

If the Garda does not turn up tomorrow, the judge might not be so accommodating. Turn up!

I will turn up. My Mother who is 75 nearly slapped the head off me as she alway's knew i was so much against DD.

Period of time now is 9 months since first appearance so i've had this hanging over me all this time.

donkeykong5 · 21-05-2019 7:25pm

BohsCeltic wrote: »

STB. wrote: »

I suspected it was a DD.

It was rescheduled 3 times already because the Garda didn't turn up ? Over what period of time ?

If the Garda does not turn up tomorrow, the judge might not be so accommodating. Turn up!

I will turn up. My Mother who is 75 nearly slapped the head off me as she alway's knew i was so much against DD.

Period of time now is 9 months since first appearance so i've had this hanging over me all this time.

I would be so stressed. Hopefully cop wont turn up again tomorrow and judge throws it out of court.

BohsCeltic · 21-05-2019 7:27pm

Victor wrote: »

go to pharmacy. Alternatively, there are out-of-hours doctors in many locations.

Is there someone you can send, to ensure communication with your legal team?

Just going to be a man and face a problem i created myself. Just hope i can do it. It's hard though with anxiety and depression. Also hard for people to understand too.

I'm afraid of breaking down in court, that's how low i feel.

BohsCeltic · 21-05-2019 7:30pm

donkeykong5 wrote: »

I would be so stressed. Hopefully cop wont turn up again tomorrow and judge throws it out of court.

I can only hope but i never get any luck.

Victor · 21-05-2019 7:30pm

BohsCeltic wrote: »

Just going to be a man and face a problem i created myself. Just hope i can do it. It's hard though with anxiety and depression. Also hard for people to understand too.

I'm afraid of breaking down in court, that's how low i feel.

Go to pharmacy. Many of them have a private space where you can talk to the pharmacist without anyone overhearing. Explain your situation. Ask is there anything you can take that will help with your nerves, but without impairing your thought processes.

BohsCeltic wrote: »

I'm afraid of breaking down in court, that's how low i feel.

That's a legitimate concern. Explain your situation to your legal team. Explain to the judge that you aren't used to court and that your suffer from anxiety - given that most people aren't used to court, I'm sure they see it regularly.

Dirkziggler · 21-05-2019 7:35pm

Guys it can't be thrown out without directions. OP you need to turn up tomorrow and tell your solicitor you want to plea guilty if the garda isn't there on a guilty plea he will need to be there to read the facts. If he hasn't and it has went past the 6 months 1 day "time passing" in court terms a judge will have no other option but to strike out.

He can't sentence without the facts. If the garda hasn't directed the court sergeant which if he did your of been deslt with already, its thrown out tomorrow.

BohsCeltic · 21-05-2019 7:39pm

Victor wrote: »

Go to pharmacy. Many of them have a private space where you can talk to the pharmacist without anyone overhearing. Explain your situation. Ask is there anything you can take that will help with your nerves, but without impairing your thought processes.

I have medication. Valium and i am on a new Antidepressant but haven't taken it as i'm afraid of being drowsy and not clear headed.

And sorry mod's for going a bit off topic.

JustJoe7240 · 21-05-2019 7:46pm

donkeykong5 wrote: »

I would be so stressed. Hopefully cop wont turn up again tomorrow and judge throws it out of court.

As a fellow road user, I can’t help but disagree with you.

angel eyes 2012 · 21-05-2019 7:51pm

eagle eye wrote: »

Court Servive will inform his solicitor and the judge.

No onus on Courts Service to inform either the solicitor or the judge particularly if the defendant is only making contact with the office now. Responsibility is on solicitor acting on behalf of their client. If the op cannot make contact with the solicitor, he should make every effort to appear as it is on his interest to do so.

STB. · 21-05-2019 8:04pm

BohsCeltic wrote: »

I have medication. Valium and i am on a new Antidepressant but haven't taken it as i'm afraid of being drowsy and not clear headed.

And sorry mod's for going a bit off topic.

This is one of the borderline fails the morning after the night before.

One of the most common instances for a case being dismissed is the non attendance of a garda involved in the prosecution at the court hearing.

Talk to your brief about this tomorrow. Its defo in your interest to attend for your mental sanity alone.

n!ghtmancometh · 21-05-2019 8:21pm

Turn up, Garda might not and if your solicitor is anyway decent he/she will pressure the judge to strike out your case as you've appeared 3 x previously and Garda has not and case has been dragging for nearly a year.

Is this a hearing date OP? if so and you don't turn up it is very likely a bench warrant will go out. Then guards could then show up to your door at any time and are obliged to take you into custody and bring you to court where you'll be lodged with prison service and will share holding cells with some lovely people until your case is called, which could be hours. Then your solicitor will have to argue for you to be released on bail, which is not a given.

4ensic15 · 21-05-2019 8:29pm

Duffryman wrote: »

. It would be unusual for a barrister to attend DC if it’s likely to just be another adjournment.

.

It happens in the Dublin District Court all the time. In some District Court there are sometimes no solicitors. Legal Aid solicitors in Dublin often work without an office and send unattended barristers to District Courts when they can't go themselves.

donkeykong5 · 21-05-2019 8:39pm

BohsCeltic wrote: »

donkeykong5 wrote: »

I would be so stressed. Hopefully cop wont turn up again tomorrow and judge throws it out of court.

I can only hope but i never get any luck.

Well tomorrow hopefully you will.

donkeykong5 · 21-05-2019 8:44pm

JustJoe7240 wrote: »

donkeykong5 wrote: »

I would be so stressed. Hopefully cop wont turn up again tomorrow and judge throws it out of court.

As a fellow road user, I can’t help but disagree with you.

Hes turned up in court 3 times already. If the police are a no show again tomorrow then it deserves to be thrown out. Are you not reading how stressed the op is. Its not at all fair !

quickbeam · 21-05-2019 8:45pm

Do you have somebody to go with you for moral support? Friends, family? Could make a world of difference not having to go alone.

Lefty Bicek · 21-05-2019 8:46pm

JustJoe7240 wrote: »

As a fellow road user, I can’t help but disagree with you.

As a fellow road user - teetotal - I DO agree with him/her.

Just for balance.

mdwexford · 21-05-2019 8:54pm

donkeykong5 wrote: »

Hes turned up in court 3 times already. If the police are a no show again tomorrow then it deserves to be thrown out. Are you not reading how stressed the op is. Its not at all fair !

I significantly doubt it’s been adjourned three times because the prosecuting Guard did not show up.

Who cares how stressed they are. They drove while over the limit. Attend Court and take the punishment.

Missing court due to Illness

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