Advice needed re proposed arrest.

giarcdear

Hi all,

just looking for some clarification and advice on an issue.

I was contacted by a member of AGS, they said they received a complaint against me from a couple who said I did criminal damage to their car. I made arrangements to go to the station and discuss this issue with the Garda.

Due to circumstances relating to the individuals who made this complaint to prior to and after this date, i would only talk to him off record and gave him the full facts. Two days later he called again and said he wanted me to make a statement or he would have to arrest me.

I prepared a statement for him and signed and dated it. I went to the station today to give him the statement and he said he couldn't take it and said he was going to arrest me. I said OK. i waited in the station lobby and then he came back out and was handing me back my statement which i refused to take back. he then said he didn't have the time now to arrest me now and would pick me me up from my house. I replied OK but keep my statement as it is evidence and i left the station.

does the time he initially said he was going to arrest me count?

what would be my best course of action now?

RossieMan

No legal advise, you know this from the charter.

giarcdear

OK what are my rights regarding getting arrested now as he refused to take my prepared statement

drunkmonkey

Talk to a solicitor and get them to prepare a statement. I'm not sure but I think a statement has to be witnessed and the one you handed in probably wasn't so can't be used.

giarcdear

OK next bit

he said he was going to arrest me then said he didn't have the time. does he need to get a warrant now or can he arrest me without one

nuac

Mod
As already advised this forum does not give legal advice. You should contact your solicitor.
Leaving open for general discussion subject to that.

giarcdear

ok

unattendedbag

No you were not arrested based on what you've said. Typically a Garda will invite you in to make a statement under caution which is given in your own words and written down by the Garda. You can prepare your own before or with a solicitor (surprised he didn't take it as evidence) however this rarely suffices as there may be particular things the Garda wants to cover or ask you about.

He can still arrest you as he still has the power of arrest for criminal damage, then interview on camera in a question and answer format. This is usually the easiest option for a Garda as he can put whatever evidence to you and ask all his questions he intends to. If you attend on a voluntary basis then you are free to leave at any time which is not ideal for the Garda if the questions get tough.

Atlantic Dawn

Did you do the damage? If you did it's one response if you didn't it's another.

giarcdear

i skidded on gravel on this persons driveway and hit their car. there was no damage done to it. they are saying this was done deliberately

i explained all this to the garda when i first talked with him

there is a big background issue regarding the other parties involved that unfortunately i cant disclose in here or else this thread will get deleted and myself probably banned for it

bilbot79

How do you skid on gravel in someone's driveway and hit their car

deco nate

bilbot79 wrote: »

How do you skid on gravel in someone's driveway and hit their car

Shared driveway?

Victor

bilbot79 wrote: »

How do you skid on gravel in someone's driveway and hit their car

Visitor to the property?

bilbot79

deco nate wrote: »

Shared driveway?

If its shared it's not 'someones'

corks finest

giarcdear wrote: »

Hi all,

just looking for some clarification and advice on an issue.

I was contacted by a member of AGS, they said they received a complaint against me from a couple who said I did criminal damage to their car. I made arrangements to go to the station and discuss this issue with the Garda.

Due to circumstances relating to the individuals who made this complaint to prior to and after this date, i would only talk to him off record and gave him the full facts. Two days later he called again and said he wanted me to make a statement or he would have to arrest me.

I prepared a statement for him and signed and dated it. I went to the station today to give him the statement and he said he couldn't take it and said he was going to arrest me. I said OK. i waited in the station lobby and then he came back out and was handing me back my statement which i refused to take back. he then said he didn't have the time now to arrest me now and would pick me me up from my house. I replied OK but keep my statement as it is evidence and i left the station.

does the time he initially said he was going to arrest me count?

what would be my best course of action now?

Get a witness with you for all future communication with AG's,don't leave without a signature/but most importantly you need a SOLICITOR

giarcdear

yes it is a shared driveway. someone built a house at the back of theirs and rent it out. half the driveway is tarmacadam leading onto gravel

giarcdear

Atlantic Dawn wrote: »

Did you do the damage? If you did it's one response if you didn't it's another.

there was no damage to the car but now they are saying there was

Samuel T. Cogley

Turn the tables and tell them it's a civil matter :pac:

giarcdear

horrible_nice wrote: »

you can tell the guard off the record what happened and if he hasnt enough cop on to leave it at that , its better to make no statement .

guards often have their own agendas . this sounds like an insurance claim stemming from a run of the mill traffic accident .

that is what i did and he still insisted i make a statement or he will arrest me



during our conversation off record he even cautioned me,

Sleeper12

They want you to give a statement in the interview room of the station as it will be recorded on video.

Sleeper12

giarcdear wrote:

i skidded on gravel on this persons driveway and hit their car. there was no damage done to it. they are saying this was done deliberately

There must be damage or the Garda wouldn't need a statement. Or is there a bit more to the story that you can't share for whatever reason?

RobbieMD

giarcdear wrote: »

that is what i did and he still insisted i make a statement or he will arrest me



during our conversation off record he even cautioned me,

If he cautioned you then it's not off the record. The caution means you've been made aware of your right to silence, whatever you say can then be given in evidence if it goes to court.

I presume you're not answering specific questions he has asked and that's why arrest to interview you is coming up.

Generally if you go to the Garda station with a prepared statement, either by you or your solicitor, the Garda will caution you again, write the caution at the top of the statement, read it to you and have you sign it in his his/her presence.

Just so you're aware you don't need to intentionally cause criminal damage. If you're reckless in your actions/ driving then that's sufficient grounds for criminal damage.

Carawaystick

RobbieMD wrote: »

Just so you're aware you don't need to intentionally cause criminal damage. If you're reckless in your actions/ driving then that's sufficient grounds for criminal damage.

I doubt the OP has foreseen that the particular kind of damage that in fact was done might be done though

giarcdear

unfortunately there is a lot of background stuff i can't say.

there was no dmg done to their car what so ever.

Get Real

giarcdear wrote: »

unfortunately there is a lot of background stuff i can't say.

there was no dmg done to their car what so ever.

If there was no damage to the car whatsoever, then if worst comes to worst, tell the judge this, then the person complaining will have an onus on them to prove otherwise.

Do they have any photos of said damage or a repair bill? It seems like quite a "he said, she said" scenario.

judeboy101

Op, any chance the Garda knows the other party or is related? Sounds decidedly shady.

RobbieMD

judeboy101 wrote: »

Op, any chance the Garda knows the other party or is related? Sounds decidedly shady.

Why would it seem shady? The op has said a "couple" in his opening post. From that I take it that the investigating Garda has two people saying that damage was caused. If I was the victim of an alleged crime and there two witnesses to it, I'd assume the Garda would investigate it.

You seem to be implying the Garda is wrong to be investigating the matter. Damned if they do. Damned if they don't.

Sleeper12

judeboy101 wrote:

Op, any chance the Garda knows the other party or is related? Sounds decidedly shady.

No it doesn't at all.

OP has said that there is more to it than they can say here. There could be ongoing trouble with the neighbours

giarcdear

Sleeper12 wrote: »

OP has said that there is more to it than they can say here. There could be ongoing trouble with the neighbours

unfortunately there is


i will be contacting FLAC tomorrow

4ensic15

If the guards want to use something you say in evidence they prefer to have you under arrest, under caution and being recorded. It is much easier for them to prove their case. No statement should ever be made without legal advice.

giarcdear

are the Garda obliged to inform me of my right to legal advice

Glass fused light

giarcdear wrote: »

are the Garda obliged to inform me of my right to legal advice

The caution informs you of your rights, common sense would should kick in when the Garda mentions arrest which could lead to a criminal record, that you need a specialist ie a solicitor to insure that you minimise the risk of a poor outcome.

meathstevie

giarcdear wrote: »

unfortunately there is a lot of background stuff i can't say.

there was no dmg done to their car what so ever.

If that's the case than that's what you tell the Garda conducting the interview. With or without a solicitor you can tell the Gardai your version of events during interview and you can answer or decline to answer their questions as you see fit. The content of the interview will be part of the evidence in the investigation. Ultimately it really is as simple as that.

What happens after is a decision that will be made when the investigation is complete. You could ultimately be prosecuted and found guilty/not guilty or the available evidence could be assessed as being insufficient or too weak to base a prosecution on and nothing further will happen.

By the way, an arrest is pretty much a tool to facilitate an investigation. In itself it does nothing to your criminal record.

4ensic15

meathstevie wrote: »

If that's the case than that's what you tell the Garda conducting the interview. With or without a solicitor you can tell the Gardai your version of events during interview and you can answer or decline to answer their questions as you see fit. The content of the interview will be part of the evidence in the investigation. Ultimately it really is as simple as that.

What happens after is a decision that will be made when the investigation is complete. You could ultimately be prosecuted and found guilty/not guilty or the available evidence could be assessed as being insufficient or too weak to base a prosecution on and nothing further will happen.

By the way, an arrest is pretty much a tool to facilitate an investigation. In itself it does nothing to your criminal record.

An arrest often has to be disclosed in applying for a visa. Nobody should say anything until they have legal advice. I take it it is against the charter to tell peoiple what to say as well as what not to say, so I will stop there.

feargale

giarcdear wrote: »

unfortunately there is a lot of background stuff i can't say.

How do you expect to get any worthwhile advice here if you are not telling the whole story? Off with you to a solicitor and be sure to tell him the whole story.

TallGlass

Right, this isn't legal advise. However, what you've described to me is a civil matter, you slipping in someones drive, or slipping in Tesco is no different, it's like Tesco saying your broke there fridge cause you slipped.

Anyways, the Garda wouldn't be arresting anyone for slipping nor be pursuing the matter. It's civil, as far as I can tell. Which lead me to my next point, you seem to be a bit hit and miss with the details here, as in your not up front, someone has to ask you and then you revel. My advise is, if you do get legal rep, not be as hostile.

Glass fused light

meathstevie wrote: »

If that's the case than that's what you tell the Garda conducting the interview. With or without a solicitor you can tell the Gardai your version of events during interview and you can answer or decline to answer their questions as you see fit. The content of the interview will be part of the evidence in the investigation. Ultimately it really is as simple as that.

What happens after is a decision that will be made when the investigation is complete. You could ultimately be prosecuted and found guilty/not guilty or the available evidence could be assessed as being insufficient or too weak to base a prosecution on and nothing further will happen.

By the way, an arrest is pretty much a tool to facilitate an investigation. In itself it does nothing to your criminal record.

The best way for the Garda to obtain collaborating evidence is for the OP to "tell his version", if there is a possibility of arrest get a solicitor involved ASAP. An arrest by a Garda can lead to a civil case of unlawful detention, so if the Garda is willing to go that far over one incident they are sure of their evidence, however it's just as likely that as this is ongoing behaviours a harassment charge is also an option. The arrest is recorded and can be disclosable on some Garda vetting eg for work with childern or vulnerable adults.

giarcdear

OK sorry for the delayed update but a BM messaged me re a similar issue

anyways, 7 court appearances later during covid where AGS and my accuser only showed up 1 time, my case was eventually struck out, as AGS and my accuser never showed up the last time, which was NOV22, this fecking thing was hanging over me for 4yrs but eventually sorted

thanks to all who replied to this thread.

GerardKeating

...

Claw Hammer

In general it is very unwise to make any statement in circumstances like this. You should only do so after taking legal advice.

An un-cautioned statement may be inadmissible. It is much easier for the guards if you make a statement whilst under arrest and the statement is video recorded.

It sounds like a shakedown.