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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12057
Experience:  Barrister 17 years experience
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Should I contact the guards regarding a court summons

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Should I contact the guards regarding a court summons without a lawyer?
JA: What state are you in? It matters because laws vary by location.
Customer: Ireland
JA: Has anything been filed or reported?
Customer: Ye I’ve been given a court date
JA: Anything else you want the Expert to know before I connect you?
Customer: I was originally told it was only an adult caution and would just need to sign it off but I went away and only texted and called them back once so hence it was never signed off

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Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. There is no difficulty with speaking to the Gardaí about a Summons without a lawyer. Essentially, you cannot prejudice your situation as once the Summons has been issued, then the matter is going to court and the Gardaí can do little about it, unless their Chief Superintendent agrees to it. Essentially, by not getting back to them when faced with being given a caution, they have now decided to prosecute you. So, you can speak with the individual Garda concerned, but I fear it is too late to do anything about it. You can ask for the Caution to be reinstated, but be aware this course is unlikely to occur. You will probably hear the Garda tell you that you should have turned up and faced the music with the Caution and that the Summons wouldn't have issued if you had turned up. However, you will not be prejudiced by not having a lawyer with you when you speak to the Gardaí. Given the matter is minor, the Gardaí would probably wonder why you brought along a lawyer to speak about an offence which only merited a Caution.

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Buachaill, Barrister
Satisfied Customers: 12057
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 5 months ago.
Should I be concerned about a possible criminal record as I have somewhat mitigating factors for not getting back about the caution as they took a month to initially contact me after saying they would be in contact after a few days and then when they did contact me I replied telling them how I had just left the country for a month and then texted when I returned to no reply. I then subsequently lost my phone a month or so later and use a new number so when they finally started calling me the phone rang through. I also received the caution because I refused to leave an area as I wanted to talk to the manager as a bouncer had acted irrationally with me and had to be taken away from me by other bouncers who were happy to let me remain inside the premises. I was initially glad the guards arrived but they were immediately hostile with me.

3. You should be concerned about a criminal record as you are now getting Summonsed. So, I would advise you to get yourself an experienced criminal Defence solicitor to represent you in court as this will mean a better outcome for you.

4. Thank you for Accepting the answer.