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Does anyone here know how long most Assault cases take? Timeline.

  • 15-06-2022 10:39pm
    #1
    Registered Users Posts: 1,184 ✭✭✭


    Any help appreciated.

    I won't ask for legal advice, as per the charter.

    But lets suppose a fictional individual was provoked and grabbed someone by the neck and pushed them up against a wall. (before later leaving the scene after having waited for Gardaí)

    What rough timeline might normally be expected for this purely speculative event.

    Should the individual expect to be later tracked down and arrested by Gardaí? Or perhaps contacted by the victims solicitor?

    Will there be a summons, if so will it be a matter of days, weeks or months?

    (we can assume plenty of damning cctv footage and witnesses).



Comments

  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    On the assumption this is treated as a summary offence, in this hypothetical scenario, the Gardai would need to have charges filed before six months have elapsed if it is to go anywhere.

    *Please note I am not a legal professional, but this is my understanding.



  • Registered Users Posts: 1,184 ✭✭✭85603


    Could such an individual normally expect maybe a phone call, or a knock on the door. Perhaps a patrol car waiting outside.

    How does it usually play out, for a hypothetical someone who's guilty as sin.



  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    Hypothetically, they would invite the party to make a statement, unlikely to make an arrest unless the individual was uncooperative.

    I'm not sure if the individual is entitled to have legal representation present while giving a statement for being under investigation / suspicion for commiting a summary offence. An individual in this quandry would be wise to contact a solicitor for advice.



  • Registered Users, Registered Users 2 Posts: 3,785 ✭✭✭...Ghost...


    Your contribution; agreed.

    At OP, I would suggest that someone in that situation seek legal advice from a solicitor and also seek assistance with anger management to prevent further problems down the road, or at least to show the matter was taken seriously.

    Stay Free



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  • Registered Users, Registered Users 2 Posts: 6,306 ✭✭✭Claw Hammer


    First of all there has to be a complaint. There is effectively no time limit for assault charges. If the victim doesn't complain it won't go anywhere. If the victim does complain the guards will interview the suspect.

    The suspect should obtain legal advice from a practising professional before speaking to the guards.



  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭flatty


    So, as a matter of interest, if it were you, would you seek proper legal advice now, or hold off until (if) contacted by the Gardai?



  • Registered Users, Registered Users 2 Posts: 5,997 ✭✭✭Princess Calla


    Hypothetical case happened 9months ago I would imagine if something was going to come of it, they would know at this stage.



  • Registered Users Posts: 1,184 ✭✭✭85603


    'oo me?

    I 'eld off guvnor.

    Although I did look up some solicitors.

    I would guess (pure guess) that the scobe who I bounced off the wall didn't pursue it because he very well may have committed the offense of threatening behavior immediately prior to his reunion with the construction, and this would have been very clearly on camera.

    Again this is all my non qualified understanding.

    As far as I know there are some conditions around making physical/verbal challenges to a fight. This is not advice, just my own unqualified opinion.



  • Registered Users, Registered Users 2 Posts: 6,306 ✭✭✭Claw Hammer


    If I thought the guards were going to come I would try and gather exculpating evidence. If there is cctv I would try vand get it as well as statements from witnesses. There is a defence of self defence to an assault charge. If there is a significant threat then violence is justified and it can be pre-emptive. he violence has to stop when the threat ends. Legal advice would be necessary to guide on gathering admissible evidence.



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  • Registered Users Posts: 1,184 ✭✭✭85603


    Interesting.

    In my case the scrote had approached my car as the window was partly down, we exchanged some words and he was directed where to go, he refused to leave, so i exited the vehicle and reaffirmed that he should leave.

    I was then informed by our plucky young friend that he was a well connected young man who could have his partners pay me a visit (and put me "in the ground" lol). This involved somewhat threatening body language on his part. Moving closer toward me.

    Prior to my exiting the vehicle he also made an unusual hand motion towards my wing mirror. Holding his hand very slightly above it so as to just barely not make contact.

    There are also many other boring details.

    Anyway, nothing ever came of the whole thing. I certainly wouldnt want a repeat as I spent much of the day waiting for the dreaded call. But at the same time I cant be having that kind of thing.

    Scobes eh.



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