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Summons for Threataning abusive behaviour

  • 21-07-2014 11:27AM
    #1
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭


    I received 3 summons. Not providing details, Drunk and disorderly, and threataning and abusive behaviour. Im 28 recently made unemployed and no previous. I will be pleading guilty with the aid of a solicitor. Can anyone in a similar situation estimate my fine. I assume I wont go to prison as I was just found drunk at the side of the road and got a bit cheeky with them. I wasnt kicking and screaming and calling them pigs and f**k this and F**k that. I would like to apologies to gardai and any taxpayers aswell for wasting their money. As above my main question is the estimate of the fine. Thanks for any input.


Comments

  • #2
    Greenmachine
    Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    Did you resist arrest too.


  • #3
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    I'm surprised you didn't get the benefit of an adult caution or Fixed Charge Penalty. It sounds like you were a bit of a handful. You may not even get a fine if you've not been in trouble before. If you get a solicitor on the day you may be able to get him to get you off with an adult caution or probation. You may have to pay for his services yourself though.


  • #4
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    Greenmachine wrote: »
    Did you resist arrest too.

    No resisting arrest more laughing at what was going on.
    I was sitting on the ground eating a pizza, when two guards asked me to get up and asked me my name, I refused to tell them because i believe (correct me if I'm wrong) unless I commited an offence or have been suspected of commiting an offence I'm not obliged to give my details to the gardai.
    I know this could of been avoided by simply by giving my details but thats life. After telling me im under arrest for not providing details i threw the pizza on the ground. Left in a cell for 4 hours and sent 3 summons' 8 weeks later.
    The only reason Im concerned about the money is im savin to return to Australia and every penny counts saving on the dole. I assume my second year visa wouldnt be effected by these offences. Appreciate the reply.


  • #5
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    Little CuChulainn wrote: »
    I'm surprised you didn't get the benefit of an adult caution or Fixed Charge Penalty. It sounds like you were a bit of a handful. You may not even get a fine if you've not been in trouble before. If you get a solicitor on the day you may be able to get him to get you off with an adult caution or probation. You may have to pay for his services yourself though.

    Thats another thing. Would paying a solicitor give me a better chance of a caution or probation then representing myself. Im afraid If I let a solicitor do the talking the guard will butter up his statement and make me look like a right thug, and I wont get my say. Cheers for reply.


  • #6
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,263 ✭✭✭✭Losty Dublin


    italybesr wrote: »
    Thats another thing. Would paying a solicitor give me a better chance of a caution or probation then representing myself. Im afraid If I let a solicitor do the talking the guard will butter up his statement and make me look like a right thug, and I wont get my say. Cheers for reply.

    A lot of this will depend on the circumstances of what happened when you were arrested. If you went quietly in your opinion is one thing; what actually happened on the day is quite another thing and isn't something that a layman can guess at. The fact that a summons was issued to you for resisting arrest suggests that you didn't go quite as quietly as the gards would have wanted

    For a better perspective on the case you really need to consult a solicitor with experience in criminal law and ideally with better knowledge of the case at hand.


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  • #7
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    Losty Dublin wrote: »
    A lot of this will depend on the circumstances of what happened when you were arrested. If you went quietly in your opinion is one thing; what actually happened on the day is quite another thing and isn't something that a layman can guess at. The fact that a summons was issued to you for resisting arrest suggests that you didn't go quite as quietly as the gards would have wanted

    For a better perspective on the case you really need to consult a solicitor with experience in criminal law and ideally with better knowledge of the case at hand.

    I didnt receive a summons for resisting arrest as I said above. My only issue is the cost of this case which will effect the time it takes for me to go to Australia. What advantage would I have liying here on this forum. I'd save them lies for the judge. Thanks for the input.


  • #8
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,263 ✭✭✭✭Losty Dublin


    italybesr wrote: »
    I didnt receive a summons for resisting arrest as I said above. My only issue is the cost of this case which will effect the time it takes for me to go to Australia. What advantage would I have liying here on this forum. I'd save them lies for the judge. Thanks for the input.

    Sorry, I meant to say refusing to give details.


  • #9
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    Losty Dublin wrote: »
    Sorry, I meant to say refusing to give details.
    Apology accepted.


  • #10
    UBERTILT
    Registered Users, Registered Users 2 Posts: 58 ✭✭UBERTILT


    italybesr wrote: »
    I received 3 summons. Not providing details, Drunk and disorderly, and threataning and abusive behaviour. Im 28 recently made unemployed and no previous. I will be pleading guilty with the aid of a solicitor. Can anyone in a similar situation estimate my fine. I assume I wont go to prison as I was just found drunk at the side of the road and got a bit cheeky with them. I wasnt kicking and screaming and calling them pigs and f**k this and F**k that. I would like to apologies to gardai and any taxpayers aswell for wasting their money. As above my main question is the estimate of the fine. Thanks for any input.

    If he's worth his salt he should be able to get the first charge struck out and they should give you the benefit of an adult caution. It's about a €150 fine but will not be recorded on any police conduct reports


  • #11
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    UBERTILT wrote: »
    If he's worth his salt he should be able to get the first charge struck out and they should give you the benefit of an adult caution. It's about a €150 fine but will not be recorded on any police conduct reports

    Hopefully something like that. Known my luck €500 per summons(3) and conviction just to really fluff up my chances of getting back to Oz. Thanks for your input appreciated.


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  • #12
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    No resisting arrest more laughing at what was going on.
    I was sitting on the ground eating a pizza, when two guards asked me to get up and asked me my name, I refused to tell them because i believe (correct me if I'm wrong) unless I commited an offence or have been suspected of commiting an offence I'm not obliged to give my details to the gardai.
    I know this could of been avoided by simply by giving my details but thats life. After telling me im under arrest for not providing details i threw the pizza on the ground. Left in a cell for 4 hours and sent 3 summons' 8 weeks later.
    The only reason Im concerned about the money is im savin to return to Australia and every penny counts saving on the dole. I assume my second year visa wouldnt be effected by these offences. Appreciate the reply.

    italybesr wrote: »
    ....... I assume I wont go to prison .......

    lol

    Doesn't look good :
    A LISTOWEL man was given a six-week suspended sentence for refusing to give his name and address to gardaí and resisting arrest

    http://www.independent.ie/regionals/kerryman/news/jail-threat-for-refusal-to-give-name-to-garda-27379568.html


  • #13
    3rdDegree
    Registered Users, Registered Users 2 Posts: 1,269 ✭✭✭3rdDegree


    gctest50 wrote: »
    lol

    Doesn't look good :

    Sounds more serious than the OP's case, if his description is correct. Prison sentence (even suspended) would be a bit harsh for OP.


  • #14
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    gctest50 wrote: »
    lol

    Doesn't look good :

    I feel sorry for people like you.


  • #15
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    Completely different circumstances. Cheers anyway

    They would basically have got you to screw yourself over

    They just had to wind you up a little bit

    Not giving your name is one thing, throwing stuff at them is another

    i know you threw it on the ground - easy to say "he threw the pizza at me and it fell on the ground"

    .


  • #16
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    gctest50 wrote: »
    They would basically have got you to screw yourself over

    They just had to wind you up a little bit

    Not giving your name is one thing, throwing stuff at them is another

    ( i know you threw it on the ground)

    Dont be silly and go to sleep.


  • #17
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    Your posts seem like you are only picking the bits that suit you :
    italybesr wrote: »
    two guards asked me to get up and asked me my name, I refused to tell them because i believe (correct me if I'm wrong) unless I commited an offence or have been suspected of commiting an offence I'm not obliged to give my details to the gardai.

    drunk and disorderly so ........
    24.—(1) Where a member of the Garda Síochána finds any person committing an offence under a relevant provision, the member may arrest such person without warrant.


    (2) Where a member of the Garda Síochána is of the opinion that an offence has been committed under a relevant provision, the member may—


    (a) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and


    (b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which the member has reasonable grounds for believing is false or misleading.


    (3)Any person who fails or refuses to give his name and address when demanded by virtue of subsection (2), or gives a name or address when so demanded which is false or misleading, shall be guilty of an offence.


    may be wrong bit/may be newer bit but there ya go


  • #18
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    gctest50 wrote: »
    What are you on about ?

    The case you compared to mine is a million miles away, you had the audacity to "lol" me going to prison. I think you should stop posting on this thread because your making yourself look very unknowledgeable about the subject in hand.


  • #19
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    The case you compared to mine is a million miles away, you had the audacity to "lol" me going to prison. I think you should stop posting on this thread because your making yourself look very unknowledgeable about the subject in hand.

    No, i was "lol" about this bit :
    italybesr wrote: »
    .....Im afraid If I let a solicitor do the talking the guard will butter up his statement and make me look like a right thug, and I wont get my say. Cheers for reply.
    italybesr wrote: »
    What advantage would I have liying here on this forum. I'd save them lies for the judge. Thanks for the input.


    Get a solictor even if you have to borrow money

    .


  • #20
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    How is it an offence to eat a pizza on a step, which come to think of it is probably private property.

    I'd means I would
    I'll means I will.


  • #21
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    gctest50 wrote: »
    No, i was "lol" about this bit :






    Get a solictor even if you have to borrow money

    .

    you're all over the place quoting law, saying i might be getting a suspended sentence, saying I intend to lie in court, saying I was drunk and disorderly. Can you leave this thread alone please.


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  • #22
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    you're all over the place quoting law, saying i might be getting a suspended sentence, saying I intend to lie in court, saying I was drunk and disorderly....

    I didn't say anything - get a solicitor
    italybesr wrote: »
    I received 3 summons. Not providing details, Drunk and disorderly, and threataning and abusive behaviour.
    Originally Posted by italybesr viewpost.gif
    What advantage would I have liying here on this forum. I'd save them lies for the judge. Thanks for the input.


  • #23
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    gctest50 wrote: »
    I didn't say anything - get a solicitor

    Post number 17 you said I was drunk and disorderly. Can you stop trolling because my iphone beeps every time you send a reply. Read everything from top to bottom, analyse every word and prove me wrong tomorrow. Sleep tight


  • #24
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    you're all over the place quoting law, saying i might be getting a suspended sentence.....

    You might get away with them all and hopefully get going again,

    but if they make this stick :
    italybesr wrote: »
    I received 3 summons. Not providing details, Drunk and disorderly, and threataning and abusive behaviour........

    http://www.irishexaminer.com/ireland/jail-term-for-threatening-behaviour-208023.html

    .


  • #25
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    On the dole, saving every penny and out so pissed the guards decided to have words... only in Ireland.

    OP on a serious note, make sure you've a solicitor who is fully engaged, while I have little sympathy for people that can't hold their drink three summonses is a tad over the top. You must have been magnificently obnoxious. Best of luck, hopefully you'll get the benefit of the probation act.

    I wonder what a convict 200 years ago on there way to Botany Bay would have made of this future.


  • #26
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    .. Can you stop trolling because my iphone beeps every time you send a reply...

    Every time ?


  • #27
    gctest50
    Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭gctest50


    italybesr wrote: »
    .. Can you stop trolling because my iphone beeps every time you send a reply...

    Anyway - that wasn't trolling - i was just pasting in vaguely realted things to give you a bit of hope

    A few that actually know what they're doing will pop up along the way - maybe in the morning


  • #28
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    gctest50 wrote: »
    Anyway - that wasn't trolling - i was just pasting in vaguely realted things to give you a bit of hope

    A few that actually know what they're doing will pop up along the way - maybe in the morning

    You nearly had me wound up, Cheers for all input, both good and bad, looks like the old cliche do the crime do the time(or small fine or community service hopefully). Take Care


  • #29
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    italybesr wrote: »
    I didnt receive a summons for resisting arrest as I said above. My only issue is the cost of this case which will effect the time it takes for me to go to Australia. What advantage would I have liying here on this forum. I'd save them lies for the judge. Thanks for the input.

    You may not get a visa for travel to Australia. You need real legal advice from a qualified Solicitor.


  • #30
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    italybesr wrote: »
    No resisting arrest more laughing at what was going on.
    I was sitting on the ground eating a pizza, when two guards asked me to get up and asked me my name, I refused to tell them because i believe (correct me if I'm wrong) unless I commited an offence or have been suspected of commiting an offence I'm not obliged to give my details to the gardai.
    I know this could of been avoided by simply by giving my details but thats life. After telling me im under arrest for not providing details i threw the pizza on the ground. Left in a cell for 4 hours and sent 3 summons' 8 weeks later.
    The only reason Im concerned about the money is im savin to return to Australia and every penny counts saving on the dole. I assume my second year visa wouldnt be effected by these offences. Appreciate the reply.

    You have to give details to a Garda when requested, so you are incorrect. If convicted of these offenses give up on Australia.

    https://www.immi.gov.au/media/fact-sheets/79character.htm

    "Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement."

    "Irrespective of which visa you apply for, you must advise the department if you have any criminal convictions inside or outside of Australia,"

    "A person will not pass the character test where:
    • they have a substantial criminal record
    • having regard to the person's past and present general conduct, the person is found to be not of good character"
    The lucky bit for you



    "For the purpose of the character test, a person is deemed to have a substantial criminal record if they have been:
    • sentenced to death or life imprisonment
    • sentenced to a term of imprisonment of 12 months or more"
    Don't think any of the offenses you mention carry anything more than 6 months.


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  • #31
    irish gent
    Registered Users, Registered Users 2 Posts: 240 ✭✭irish gent


    100 euro fine first offense I hope will do it .. or just a warning because its your first best of luck anyway.


  • #32
    italybesr
    Registered Users, Registered Users 2 Posts: 14 ✭italybesr


    irish gent wrote: »
    100 euro fine first offense I hope will do it .. or just a warning because its your first best of luck anyway.

    Fingers crossed I will let you know the outcome.


  • #33
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,782 Admin ✭✭✭✭✭hullaballoo


    Moderator: The forum charter applies 24 hours a day and irrespective of your sobriety, everyone.

    A little less trolling, a little more reporting and a whole lot less abuse, please.


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