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Appealing district court decision

  • 30-05-2017 6:34pm
    #1
    stee293
    Registered Users Posts: 6 ✭


    Hello,
    I am in court this day next week ( district, criminal ) and I know the judge is going to find me guilty for a driving offence which could end up in a custodial sentence.

    I plan on appealing this straight away, so my real question is can a judge disallow me to walk out of court after appealing? Or is it my right to appeal and pay bail to walk?

    I would much rather this be heard in the circuit appeal court as the judge is known to be extremely unfair.


Comments

  • #2
    ravima
    Registered Users, Registered Users 2 Posts: 848 ✭✭✭ravima


    talk to your solicitor asap


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    stee293
    Registered Users Posts: 6 ✭stee293


    I have a solicitor, just a very brief chat with him today but now it's playing on my mind.
    I can't find anywhere online that the judge HAS to fix bail.
    I know I have the right to appeal, but do I have the right to walk out that day? ( Cash and surety at the ready ) or can he point blank refuse and send me to prison on remand pending appeal? Thanks.


  • #5
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #6
    twowheelsonly
    Registered Users, Registered Users 2 Posts: 2,270 ✭✭✭twowheelsonly


    It's usually at the whim of the Judge whether or not to allow you bail to appeal but they take each case as they find it. If you have some previous he may deny you that appeal in which case you'd have to apply to the High Court for bail (via Prison) which may take a week or two to sort out.

    Talk to a local solicitor would be the best advice as they'd be more in tune with how a local Judge is likely to sway.

    Taking Naas as an example, the Judge can be known as unfair but in reality if people are straight up with him and don't try any BS I've found him to be fairly reasonable. Bear in mind that everyone has an excuse but every Judge has heard each one a thousand times. Dress well, don't be cocky (in fact do your best to appear nervous!!) and respect the court and Judge. Judges tend to like people that face up to their responsibilities so don't try some ridiculous BS defence no matter how plausible it might sound to yourself.

    Again....... talk to a solicitor if you really think there is a chance of jail time.


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  • #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    This decision is relevant.
    http://www.courts.ie/Judgments.nsf/0/7053358ABDE9E3DC802572CE002AD778


  • #8
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Solicitor time
    Good luck
    Closed


This discussion has been closed.
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