How can I get bench warrant cleared up?

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Hi everyone,

Please do not judge me for the following story
Back in 2015 when I was 22 I get caught stealing something from penny’s and I was taken to Garda station where they set up a court date for me to attend for the crime.

I was so shamed to tell this to my family so I just wanted to forget and never attended to court .

Then I received a bench warrant in the same year and ignored . I didn’t even know what bench warrant meant. I finally learned what that meant this week so I would like to get cleared . But I am too afraid that if I go to Garda office now that they are going to arrest me straight away



So my question is that how can I get this bench Warrant cleared without getting arrested and get a court date to attend ?

Also how can I check if what I receive was a bench warrant ? I think it was . It’s been 4 years I’m not even quite sure !


I do not have a solicitor at this moment



Thank you in advance !

Thanks

nuac

Mod
Consult a solicitor.

Mervyn Skidmore

Contact the court office and ask what the result of the hearing was where you failed to appear. If a bench warrant was issued you should contact the Gardai and ask if the bench warrant can be executed by arrangement. Otherwise they might just turn up and arrest you, a bench warrant is a warrant to arrest. Also, contact a solicitor.

Uncle Charlie

I think the statute of limitations applies here.

Mervyn Skidmore

Uncle Charlie wrote: »

I think the statute of limitations applies here.

Go on....

Uncle Charlie

Mervyn Skidmore wrote: »

Go on....

It was a Misdemeanor offense committed 4 years ago.

Mervyn Skidmore

Uncle Charlie wrote: »

It was a Misdemeanor offense committed 4 years ago.

We don't have "misdemeanor" offences here. That's an American term as far as I'm aware. A bench warrant can be renewed so it's very possible it is still live.

Needs Must

If it was your first offence, you should be entitled to an Adult Caution. First of all find out if you have a bench warrant.

CharlieCroker

Mervyn Skidmore wrote: »

We don't have "misdemeanor" offences here. That's an American term as far as I'm aware. A bench warrant can be renewed so it's very possible it is still live.

Correct, theft is indictable. Bench warrants don't expire, once it's issued then it's live until executed. You could go to Australia for 10 years and it'll still be there when you come back

Mr. Incognito

Uncle Charlie wrote: »

I think the statute of limitations applies here.

It doesnt

If the summons hasnt issued for a minor offence then its out.

If a Judge issues a bench warrant to arrest someone and bring them before the Court. That never expires.

BaronVon

OP, as stated above, if it was a first offence, you should have had the option of an Adult Caution.

Also, if a bench warrant was issued 4 years ago, and hasn't been executed, and the Guards haven't been calling around to your house, you would be in a good position to argue against the validity of the charge/warrant.

Contact a solicitor, and they should be able to work it all out for you. But chances are, it will still involve a court appearance.

Claw Hammer

Mr. Incognito wrote: »

It doesnt

If the summons hasnt issued for a minor offence then its out.

If a Judge issues a bench warrant to arrest someone and bring them before the Court. That never expires.

Unless the accused is evading the Garda and the accused shows he was walking around openly and there would have been no difficulty arresting him, the courts will not proceed with a charge where the accused has been brought before the court on a very old bench warrant. the guards are expected to obey the order of the court with reasonable expedition and turning up with an accused after 4 years is way too long.

tayto lover

You don’t have “an option” of an adult caution.
It’s at the discretion of the Superintendent.
Had you turned up at the time or asked the arresting member if it was possible to get an adult caution you might have succeeded. It’s highly unlikely now seeing that you failed to do that at the time and then didn’t turn up for the court.

BaronVon

tayto lover wrote: »

You don’t have “an option” of an adult caution.
It’s at the discretion of the Superintendent.
Had you turned up at the time or asked the arresting member if it was possible to get an adult caution you might have succeeded. It’s highly unlikely now seeing that you failed to do that at the time and then didn’t turn up for the court.

While I agree with you in principle, in practice it has evolved into a right. Judges regularly strike out offences in court if the defendant hasn't had the opportunity of an Adult Caution.

GM228

It is true as pointed out by Mr. Ingognito that a bench warrant technically never expires until it is either executed or cancelled by the court, however as pointed out by Claw Hammer "unless the accused is evading the Garda and the accused shows he was walking around openly and there would have been no difficulty arresting him" then issues arise where there is a delay in execution.

There are grounds for an order of prohibition, a warrant is required to be executed without delay within a reasonable time frame meaning that failure to executive (other than when evaded) infringes on the accused persons right to an expeditious trial and can also amount to a blameworthy prosecutorial delay.