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What should you do when arrested!

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  • 14-12-2020 9:14pm
    #1
    Henryq.
    Closed Accounts Posts: 134 ✭✭


    Just wondered

    Should you ask for and wait for a solicitor irregardless?

    Or should you talk openly to the gardai?

    Assuming you're innocent of any wrongdoing


«13456

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    #2
    Vikings
    Registered Users Posts: 2,788 ✭✭✭Vikings


    Henryq. wrote: »
    Just wondered

    Should you ask for and wait for a solicitor regardless?

    Or should you talk openly to the gardai?

    Assuming you're innocent of any wrongdoing

    You're not obliged to say anything, you'll be told that immediately.

    Depending on the circumstances, wait for solicitor.


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    #3
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    Depends what you're arrested for


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    #4
    Henryq.
    Closed Accounts Posts: 134 ✭✭Henryq.


    Vikings wrote: »
    You're not obliged to say anything, you'll be told that immediately.

    Depending on the circumstances, wait for solicitor.

    I'm literally wondering if you're innocent should you wait for a solicitor before saying anything


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    #5
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Yes, you should wait.

    Talking to the police unguarded never ends well.


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    #6
    kirving
    Registered Users Posts: 5,921 ✭✭✭kirving


    Yes, you should always wait.

    A simple question like, do you know how fast you were driving?

    Yes - admitting you were speeding.
    No - admitting you weren't paying attention.


    Or more complicated. A crime was committed nearby. What did you leave your house?

    You looked at your watch and remembered you left at 9am when you went for a jog.

    But your neighbors security camera had a glitch and it said 8am, and a kid who skipped the first class in school, swore blind they left the house at 8am and saw you.

    Now it looks like you're lying.


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    #7
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Innocent or not, if you've been arrested there must have been grounds. Speak to a solicitor before continuing. No Comment until you have as much information as you can get from the interviewing Gardaí and then speak to a solicitor again.


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    #8
    Henryq.
    Closed Accounts Posts: 134 ✭✭Henryq.


    Kevin Irving wrote: »
    Yes, you should always wait.

    A simple question like, do you know how fast you were driving?

    Yes - admitting you were speeding.
    No - admitting you weren't paying attention.


    Or more complicated. A crime was committed nearby. What did you leave your house?

    You looked at your watch and remembered you left at 9am when you went for a jog.

    But your neighbors security camera had a glitch and it said 8am, and a kid who skipped the first class in school, swore blind they left the house at 8am and saw you.

    Now it looks like you're lying.

    Lol ...wouldn't wouldn't prove anything if you didn't know how fast you were driving


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    #9
    KevRossi
    Registered Users Posts: 4,427 ✭✭✭KevRossi


    If it's for anything serious say nothing. Ask to speak to your solicitor. Stay polite but firm.

    Years ago I was 'asked to accompany' two Gardai to the station to 'clear something up'. It was mistaken identity, I was in Germany when the incident happened and I had no connection to the people involved, my description; hair colour, hair length, height and weight matched someone. I was co-operative, helped them as much as possible and was about to be charged with something that would have given me 3-5 years in prison. I was called a liar and was told I had no proof when I asked them to check the port records (I arrived by car from Holyhead).

    After 8 hours of this, I eventually decided to stay quiet and refused to give a statement or speak to them. Eventually got a solicitor. I was out the door after 45 minutes. Never heard a word from them again.


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    #10
    Peregrinus
    Registered Users Posts: 26,195 ✭✭✭✭Peregrinus


    Henryq. wrote: »
    Lol ...wouldn't wouldn't prove anything if you didn't know how fast you were driving
    It would be evidence of careless driving, since you should always know how fast you are going.


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    #11
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Plenty of innocent people have talked themselves into trouble by trying to be helpful.

    Tell them you want to speak to your solicitor and don't say another word, not even idle chit-chat.


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    #12
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Can't help but feel there's some scare mongering going on in here.

    If you're a black fella, living in To Kill A Mockingbird, it's probably best to wait for legal advice. If you're living in Ireland, however, the Gardai know most of the local criminals and you're not likely to get any issue from them. Most Gardai aren't setting out to 'pin' something on you. They just want to rule you out so they can get on with their jobs, as most of the time they know who they're looking for anyway.


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    #13
    Dave_The_Sheep
    Registered Users Posts: 7,340 ✭✭✭Dave_The_Sheep


    Deleted User wrote: »
    Most Gardai aren't setting out to 'pin' something on you.

    Unless they're in a bad mood. Much like anyone else, they'll be a c*nt in that situation and will f*ck with you as much as they can, which is a lot.


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    #14
    Strumms
    Registered Users Posts: 24,947 ✭✭✭✭Strumms


    The vast majority of us know sweet fûck all about the law so it’s prudent to stay silent until you are being represented by and in the company of a person who does know the law and can advise you.

    If the Gardai/police arrest you, it’s because they believe you did something and will do their level best to prove that... say nothing..


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    #15
    SchrodingersCat
    Registered Users Posts: 771 ✭✭✭SchrodingersCat


    "Why you shouldn't talk to police"

    https://youtu.be/d-7o9xYp7eE



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    #16
    un5byh7sqpd2x0
    Closed Accounts Posts: 1,862 ✭✭✭un5byh7sqpd2x0


    First thing I’d do is to open a thread on boards to get 57 different opinions on what I should do.


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    #17
    Wanderer78
    Registered Users Posts: 28,964 ✭✭✭✭Wanderer78


    Henryq. wrote:
    Assuming you're innocent of any wrongdoing

    If you're innocent, role with it, I found the whole experience very interesting


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    #18
    Darc19
    Registered Users Posts: 3,817 ✭✭✭Darc19


    Credit Checker Moose wrote: »
    Yes, you should wait.

    Talking to the police unguarded never ends well.

    I 100% agree with that.

    In an arrest situation, many gardai are not to be trusted. They have already reached a predetermined decision and will use questions to get the answers they want.

    Far too many gardai think it's a game, but thankfully the current commissioner is starting to make changes and incompetent gardai are being found out.

    So keep quiet until a solicitor has arrived


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    #19
    Wanderer78
    Registered Users Posts: 28,964 ✭✭✭✭Wanderer78


    Darc19 wrote:
    So keep quiet until a solicitor has arrived

    I never got a solicitor involved, but I didn't have to either, but I guess it's situational, I've been arrested once, and questioned once, they certainly like bending the rules to suit themselves alright, my phone was searched on one occasion, was told by an ex cop that that's illegal


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    #20
    Lenar3556
    Registered Users Posts: 1,366 ✭✭✭Lenar3556


    Peregrinus wrote: »
    It would be evidence of careless driving, since you should always know how fast you are going.

    Not sure I would agree with that.


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    #21
    Peregrinus
    Registered Users Posts: 26,195 ✭✭✭✭Peregrinus


    Lenar3556 wrote: »
    Not sure I would agree with that.

    The guards and the courts may not care greatly whether you agree with that.
    Rules of the Road, page 111 wrote:

    As a driver, you must always be aware of your speed and judge the appropriate speed for your vehicle, taking into account:

    - driving conditions;

    - other users of the road;

    - current weather conditions;

    - all possible hazards; and

    - speed limits.


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    #22
    Wanderer78
    Registered Users Posts: 28,964 ✭✭✭✭Wanderer78


    Peregrinus wrote: »
    The guards and the courts may not care greatly whether you agree with that.

    unfortunately the legal system lives in the world of whats called 'dichotomous thinking', i.e. black and white, when reality is in fact infinitely coloured


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    #23
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Darc19 wrote: »
    I 100% agree with that.

    In an arrest situation, many gardai are not to be trusted. They have already reached a predetermined decision and will use questions to get the answers they want.

    Far too many gardai think it's a game, but thankfully the current commissioner is starting to make changes and incompetent gardai are being found out.

    So keep quiet until a solicitor has arrived

    The Garda Commissioner is a notorious former RUC thug. In light of that I would be more cautious than ever in what I'd say to a Guard.
    The current commissioner was installed in this position for one reason - to co-ordinate more effective cross border suppression of republicans.

    Mod
    Boards,ie does not agree with this post


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    #24
    Lenar3556
    Registered Users Posts: 1,366 ✭✭✭Lenar3556


    Peregrinus wrote: »
    The guards and the courts may not care greatly whether you agree with that.

    To clarify - No one has, to my knowledge, ever been convicted of careless driving simply because they were unaware of the speed they were travelling at.

    There is no requirement in road traffic legislation for a driver to, at all times be aware of the speed he or she is travelling at.

    Certainly it’s good driving practice to maintain great awareness when driving, and your speed of travel is certainly included in that. But your comments in relation to a lack of awareness of ones speed amounting to guilt in a careless driving charge is very much incorrect.


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    #25
    arccosh
    Closed Accounts Posts: 624 ✭✭✭arccosh


    get a solicitor and say nothing to them in the mean time...

    you'll hear "it's only some queries, why do you need a solicitor if you're not guilty of anything".... that's bull...

    there are some fantastic gardai out there, but there are others who know the law very well, will judge how much you know and bend the law as far as they can go knowing this info.... you may have been told you are being questioned on a specific incident, but that doesn't mean they won't ask about tangental information...

    people who are advising you against a solicitor have luckily never dealt with these type of guards, and you don't know what type you will get.....

    if nothing else, at least go down with a solicitors number to hand... if you want to go it alone, at least you can stop answering questions and call in the solicitor..
    that's you're legal right and don't let them insinuate otherwise....


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    #26
    silverharp
    Registered Users Posts: 17,849 ✭✭✭✭silverharp


    A question more for first interaction, there is a whole genre of Youtube videos called "auditing" , basically they go around filming in public spaces and invariable they will attract the attention of the police. The question is, is Irish law the same as the UK? are you under no obligation to talk to the Guards or give any details if not actually arrested? The guy videoing to move things on will invariable ask "am I being detained or am I free to go?" , is that similar to here? What I find amusing is the British police seem to abuse the fact that the public dont know their rights so seem to have no shame in intimidating people unnecessarily when no actual crime has occurred.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



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    #27
    CelticRambler
    Registered Users Posts: 6,741 ✭✭✭CelticRambler


    Deleted User wrote: »
    Can't help but feel there's some scare mongering going on in here.

    If you're a black fella, living in To Kill A Mockingbird, it's probably best to wait for legal advice. If you're living in Ireland, however, the Gardai know most of the local criminals and you're not likely to get any issue from them. Most Gardai aren't setting out to 'pin' something on you. They just want to rule you out so they can get on with their jobs, as most of the time they know who they're looking for anyway.

    You can be arrested for many reasons other than being the local drug lord, serial killer or mafia mastermind; and it's fair to say that if any Garda has got as far as arresting you, then you're definitely in the frame for having something pinned on you, whether you're innocent or guilty.

    Having taken a most interesting (expensive, time-wasting, ultimately pointless, but very educational) detour through the justice system several years ago, I would now always insist on having a solicitor present right from the start - especially if you're innocent.


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    #28
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,074 Mod ✭✭✭✭Jim2007


    Henryq. wrote: »
    Just wondered

    Should you ask for and wait for a solicitor irregardless?

    Or should you talk openly to the gardai?

    Assuming you're innocent of any wrongdoing


    Over forty years ago, I attended a talk by Joe Christle (RIP) on what to do if you are being interviewed by special branch or "D INT / D J2"....


    A couple of phrases stuck out:


    - Don't open your f*&king mouth


    - More people are up in the 'joy because they opened their mouth than because of what the did.


    Of course those were different times, but still....


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    #29
    kirving
    Registered Users Posts: 5,921 ✭✭✭kirving


    Lenar3556 wrote: »
    To clarify - No one has, to my knowledge, ever been convicted of careless driving simply because they were unaware of the speed they were travelling at.

    But they were probably convicted of speeding by casuall admitting it in a chat, despite the Guard not having any other evidence (not that they need it anyway).

    Look, my point was to give an example where what seems like a simple Yes/No can be interpreted against you.


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    #30
    Shield
    Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,718 CMod ✭✭✭✭Shield


    DO: Cooperate physically and comply with all instructions as soon as you're informed you're under arrest. If you're told to put your hands behind your back, do it. If you're told to get into the car, do it. The single worst thing you can do is resist arrest.

    DON'T: Resist arrest.
    DON'T: Try to talk your way out of being arrested
    DON'T: Say stupid shit like "yiz cant coz yiv no hat on haaaa!"


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    #31
    Lenar3556
    Registered Users Posts: 1,366 ✭✭✭Lenar3556


    Kevin Irving wrote: »
    But they were probably convicted of speeding by casuall admitting it in a chat, despite the Guard not having any other evidence (not that they need it anyway).

    Look, my point was to give an example where what seems like a simple Yes/No can be interpreted against you.

    Well that’s a different circumstance, and speeding is a less serious offence than careless driving.

    In the case of speeding, the act provides that the uncorroborated evidence of one witness (incl. a garda) of opinion as to the speed a vehicle is travelling at is not an acceptable proof.

    For example a Garda spots Kevin Irving flying by, stops him and asks him what speed he was doing. Kevin says he hasn’t a clue - that will immediately fail the evidential test for a speeding conviction.


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