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Seek an adjournment without employing solicitor

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  • 20-03-2013 11:47am
    #1
    bigalk
    Registered Users Posts: 81 ✭✭


    HI all,

    does anyone know if it is possible to get an adjournment, without employing a solicitor, the main point being i cant make the court date either?

    I have a small issue from last year (possession of about €3 of smokeable materials at a festival i attended). I am pleading guilty but cant make the initial court date.

    is it possible to get the adjournment without employing a solicitor, i just dont have any spare cash. The court case is about 2.5 hours away and i cant attend on the day.

    is there any way to communicate with the court in advance to ask for an adjournment?

    Al
    Tagged:


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    #2
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    bigalk wrote: »

    is there any way to communicate with the court in advance to ask for an adjournment?

    Al

    Ring the clerks office and be very contrite. If you reschedule a date with the clerk make sure you attend the next time. If you have no previous you should be OK.

    Numbers here > http://www.courts.ie/


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    #3
    bigalk
    Registered Users Posts: 81 ✭✭bigalk


    Hi Bob,

    thanks for the reply. i have previous for an almost identical incident about 15 years ago. will that make a difference?

    Al


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


    bigalk wrote: »
    Hi Bob,

    thanks for the reply. i have previous for an almost identical incident about 15 years ago. will that make a difference?

    Al

    Have you enquired if you are entitled to legal aid. While such a small amount would not normally allow legal aid, even with previous from 15 years ago, it is worth asking a local solicitor, if the local DJ knowing all your personal circumstances would give LA.


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    #5
    bigalk
    Registered Users Posts: 81 ✭✭bigalk


    Havent enquired about legal aid, and hadnt planned to waste the courts time doing so. as mentioned the amount is tiny and i am pleading guilty. Just trying to get an adjournment without paying a few hundred quid for the pleasure.

    so can i ask for clarification, if it is consensus that me having previous will have a bearing on how the court clerk will react if i try and call to ask for a new date?

    does it (the previous) have an real relevance to me asking for an adjournment?


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    #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    bigalk wrote: »
    Havent enquired about legal aid, and hadnt planned to waste the courts time doing so. as mentioned the amount is tiny and i am pleading guilty. Just trying to get an adjournment without paying a few hundred quid for the pleasure.

    so can i ask for clarification, if it is consensus that me having previous will have a bearing on how the court clerk will react if i try and call to ask for a new date?

    does it (the previous) have an real relevance to me asking for an adjournment?

    No.

    In relation to pleading guilty having legal representation may be the difference between a recorded conviction or a strike out under the probation of offenders act.


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    #7
    bigalk
    Registered Users Posts: 81 ✭✭bigalk


    thanks for the info guys. if anyone else wants to chip in id be glad of the advice.

    Al


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    #8
    Slyderx1
    Registered Users Posts: 153 ✭✭Slyderx1


    not wishing to to sound like an old curmudgeon but you would want to provide a very good reason as to why you cannot attend. You should notify the prosecuting Garda in writing and it is up to you to ascertain the adjourned date if it is granted by the Judge. I presume it is a Summons and not a charge sheet?
    At the end of the day it is the Judge that decides on an adjournment even if all other parties are happily consenting.And depending on the Judge and since it is 'first time in ' it should not be a drama.


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    #9
    StompToWork
    Registered Users Posts: 905 ✭✭✭StompToWork


    I would suggest, that in most cases, except perhaps where you may be heading on holiday, and have already paid for flights, it might be cheaper, less hassle in the long run, and just overall better to cancel or postpone the other appointment in favor of the court date?


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    #10
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    It's already been mentioned but I'm going to repeat it - make sure that you notify the prosecuting Garda because if he/she turns up and says that they haven't been notified of your request for an adjournment, the judge may go ahead and hear the case in which case the outcome will not be in your favour.

    I wouldn't bother putting it in writing but make sure that you speak to the officer yourself, do not leave a message with another Garda in the same station.


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    #11
    Slyderx1
    Registered Users Posts: 153 ✭✭Slyderx1


    coylemj wrote: »
    It's already been mentioned but I'm going to repeat it - make sure that you notify the prosecuting Garda because if he/she turns up and says that they haven't been notified of your request for an adjournment, the judge may go ahead and hear the case in which case the outcome will not be in your favour.

    I wouldn't bother putting it in writing but make sure that you speak to the officer yourself, do not leave a message with another Garda in the same station.
    or if all communications fail then the Judge simply issues a bench warrant for arrest on application from the Super....


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