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Adult Caution, for section 2 assault

  • 21-05-2012 1:28pm
    #1
    fortuneteller
    Closed Accounts Posts: 277 ✭✭


    A garda friend of mine told me that i am entitled to a garda caution for a first offence section 2 assault.
    I was offered the caution and accepted it..only for the offer to be withdrawn because my co accused would not accept his caution :confused:

    Can they do that.....Am i not entitled to mine even if this other person, won't accept theirs....

    Seems very unfair...


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    The idea of the caution is to avoid a court case, as one accused is not accepting it then there will have to be a court case in relation to him. So any benefit to the state is gone as its same to run trial with one or two accused.

    Just as an aside if the co accused went to trial and you had been allowed to take adult caution, and he then got a dismiss would you have thought that was fair.

    You need to seek legal advice as soon as possible.


  • #3
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    fortuneteller wrote: »
    A garda friend of mine told me that i am entitled to a garda caution for a first offence section 2 assault.
    I was offered the caution and accepted it..only for the offer to be withdrawn because my co accused would not accept his caution :confused:

    Can they do that.....Am i not entitled to mine even if this other person, won't accept theirs....

    Seems very unfair...

    You are not "entitled" to anything, it's at the discretion of the Gardai given all the circumstances. Speak to a solicitor.


  • #4
    inda_kenny
    Closed Accounts Posts: 42 ✭inda_kenny


    fortuneteller wrote: »
    A garda friend of mine told me that i am entitled to a garda caution for a first offence section 2 assault.
    I was offered the caution and accepted it..only for the offer to be withdrawn because my co accused would not accept his caution :confused:

    Can they do that.....Am i not entitled to mine even if this other person, won't accept theirs....

    Seems very unfair...


    clear something up for me , did your friend ( the guard ) informally advise you on this matter of was your friend the on duty guard who specifically offered you the caution , if your friend was the actual guard who offered you the caution , you need to stop refering to him as a friend in this instance , he is a professional who,s job is to enforce the law and as such you cannot trust him like you normally would , it is a mistake many people often make to assume the guards are on their side , the guards are not on anyones side , their job is to simply see that the law takes it course

    talk to a solicitor and say no more to the guard you dealt with


  • #5
    fortuneteller
    Closed Accounts Posts: 277 ✭✭fortuneteller


    The garda is a personal friend of mine and not connected to the case.
    I have a solictior but im on legal aid ,and it's obvious already to me that he doesn't give a monkeys if im convicted or not.
    He wont even return my calls, i have been to court already 3 times over this.:(


  • #6
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    fortuneteller wrote: »
    The garda is a personal friend of mine and not connected to the case.
    I have a solictior but im on legal aid ,and it.s obvious already to me that he doesn't give a monkeys wheither im convicted or not.
    He wont even return my calls, i have been to court already 3 times over this.:(


    Get another solicitor. You must have seen other legal aid solicitors in action by now.


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  • #7
    fortuneteller
    Closed Accounts Posts: 277 ✭✭fortuneteller


    Yes i have They dont give a damn..:cool:


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