Assault 3

S

Shelbymarcs

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If you have been arrested. File getting prepared for DPP. If you can see you are guilty. And it could well be assault 3. Can you approach victim and ask to drop charges and pay an agreed settlement figure to them to avoid a conviction. Or do you have to go to trial to let your solicitor do up a plea bargain with the prosecutor.
 
I presume you are referring to assault causing harm.

There is no such thing as a formal plea bargain in Ireland. You can plead guilty and hope the judge gives you some credit for that or plead guilty to a lesser charge and see what happens.
 
Can you approach victim and ask to drop charges and pay an agreed settlement figure to them to avoid a conviction.

Victim could see that as harassment and report further. I know, I for one, would not be happy with someone trying to buy their way out of the situation.

You would need to clear this type of approach with your solicitor lest you make the situation worse.
 
Thank you for your reply. Yes I have also seen it from that angle too.

I am just thinking of my son being so young and to avoid a permanent conviction but to obviously have some consequences.
 
I was hit by a car once. The driver didn't stop but I got his reg and his broken mirror. I reported him to the Gardaí who tracked him down and returned his mirror to him.

Two years later he brought €500 to court and offered it as compensation. The court poor box got half and I got half. He didn't get a conviction.

Your son needs a solicitor.
 
One second, the DPP is preparing a case against you. The victim is incidental at this moment until a future appearance at the court case. There is no point trying to settle with the victim as matters are out of his/her hands.

My only advice:- Engage a lawyer asap and hope the DPP doesn’t decide to prosecute.There is no point blaming the victim; it appears he didn’t assault you.
 
If it is a first offence the court will be lenient, your son on the advice of his lawyer should tell the guards he accepts full responsibility, so he may just get a caution. If the assault was severe then that may not be possible of course.

But the guards and court will want to see remorse, understanding of what they did was wrong and mitigation for the damage, either a monetary offer, anger management, counselling, stopped drinking, etc. whatever is relevant.

With a file going to the dpp it sounds as if your son has not admitted to anything so I think he should start there. Not putting the guards, victim and court system through the time and expense will help with mitigation. You can advise him but he will ultimately need to decide himself, risk court or take steps now. If you think his actions were typical of his character then maybe he needs to see the consequences before he understands his actions. But maybe he should have acted already before the guards sent the file off?

Approaching the victim is not a good idea at all, it could be seen as interfering with a witness and shows poor understanding of the legal system. If he wants to apologise he will have to do it through the guards.

As a parent you probably need to carefully consider your response to this with your son. It can be too easy to be persuaded he was provoked, he is never like this, life was against him etc. What do you want him to learn from this? Can you help him to honestly assess his actions and look at what type of person he wants to be in the future.
 
@Shelbymarcs, the Judge will probably be led by the Garda who takes the stand. Do you know who is dealing with the case and have you and your son spoken to them?
Are there addiction or other issues involved? If so get him to engage with whatever services he can as that shows the intent to better himself.

What age is your son?
 
Can you approach victim and ask to drop charges and pay an agreed settlement figure to them to avoid a conviction.
Do not do this, such a bad idea on so many levels - amazed someone is even asking this.

As a parent, trying to buy your son out of the consequences of a serious criminal offence is absolutely the wrong thing to do. You should help him face up to the consequences of what he has done and help him ensure nothing like that ever happens again so he can move on with his life.
 
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