Crime
professional legal representation at all stages of criminal proceedings
Available 24/7 for Garda station call-outs
Criminal Defence Representation
Where you are accused of a crime, your entitlement to legal representation is a core feature of the system. You are entitled to a solicitor at all stages, ranging from detention in Garda custody, through the trial process and any appeals.
In most cases, you are entitled to have the costs covered by free legal aid, but this is not automatic and depends on your financial circumstances.
Many people make the mistake of assuming that they can handle Garda interviews on their own, either by sticking to "no comment" answers, or by engaging with the questions and clearing up any misunderstanding as to what did or did not happen. Unfortunately, what you may view as a reasonable explanation may sound very different when played back to a jury or in the context of further questioning. Similarly, while you do have a right to reply "no comment" to any and all questions if you choose, there are some circumstances where this can count against you at a future trial. Legal advice will assist you in deciding how to approach the situation.
Where a prosecution is brought, the seriousness of the alleged offence will determine if it is brought before the District Court, Circuit Court or Central Criminal Court. There are some offences that may be tried in either a higher or lower court. You will always have a right to a jury trial for a more serious offence, but you may agree to have it heard in a lower court – an exception to the right to a jury trial is in the limited cases heard by the Special Criminal Court.
It will always be your decision as to whether you plead guilty or not guilty, but it is important that your decision is based on professional legal advice. This will take into account the strength of the evidence and the possible impact on any sentence you receive if found guilty. I will always ensure you are advised as to what is in your best interests.
Free Legal Aid Available
In most criminal cases, you are entitled to have legal costs covered by free legal aid. This is subject to means testing and is not automatic. Contact me to discuss availability.
The Court System
District Court
Handles less serious offences (summary offences). Cases are heard by a judge without a jury.
Circuit Court
Deals with more serious offences (indictable offences). You have the right to a jury trial for serious offences, but may agree to have it heard summarily in some cases.
Central Criminal Court
Handles the most serious criminal offences including murder, rape and treason. Trials are always before a judge and jury.
Special Criminal Court
A limited exception where certain serious cases are heard by a panel of judges without a jury.
Critical: Get Legal Advice First
Never attempt to handle Garda interviews alone. What seems like a reasonable explanation to you may count against you at trial. Professional legal advice before and during interviews is critical to protecting your rights.
Key Points
Legal representation at all stages
Free legal aid in most cases (means-tested)
Professional advice for Garda interviews critical
Right to jury trial for serious offences
District, Circuit or Central Criminal Court
Your decision to plead, but based on expert advice
The above is a general commentary on the law and does not constitute legal advice for your particular circumstances.
Need Criminal Defence Representation?
Whether in Garda custody, facing charges, or going to trial, get expert legal representation at every stage. Free legal aid available in most cases. Contact me immediately.
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