# Summons Received but no Charge on occasion of actual arrest?



## apple1 (16 Sep 2008)

Folks,

A friend recently received a summons to appear in court to face a charge of being drunk in a public place several months ago. On the night in question, he was in the vicinity of an altercation (which he was not party to I'm assured!) and when the gardai called, he was subsequently arrested.  He was held at the station for a couple of hours and released without charge. Later the next week, he spoke to the arresting garda about the incident and the guard advised that there was confusion as to the identity of the people involved and at worst, he (my mate) could expect a call to attend at the barracks for a caution by a senior officer.  This all happened in April.  Then last week, the summons arrived to say he should attend a sitting of the District Court to face charges of being intoxicated in a public place.  Where does he stand here given that he wasn't charged with anything on the night in question and given that the garda advised only a caution would be forthcoming?  Or does he just have to face the music & take his chances in court?  In all probability, he will be ordered to make a donation to a local charity etc., but obviously would prefer to avoid the issue altogether.  Thanks in advance, apple1


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## nuac (16 Sep 2008)

Gardai entitled to issue summons against your friend. Lack of charge on the night or indication of a caution does not prevent the summons being issued.

If he was not drunk and has anyone who was with him on the night he should bring him/her along as a witness.

As it was not a major case, there are probably no gardai statements to seek, but you should ask for copy of any custody record in the station, and a precis of the evidence against you.  Also ask if there are any video records


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## csirl (17 Sep 2008)

> Later the next week, he spoke to the arresting garda about the incident and the guard advised that there was confusion as to the identity of the people involved and at worst, he (my mate) could expect a call to attend at the barracks for a caution by a senior officer


 
This doesnt make sense at all. The arresting Garda would not have told him he would be getting a caution if there was a case of mistaken identity.

I suspect there may be more to this story than your mate is letting on. He may not have been involved in the altercation, but if he was drunk out of his senses in a public place then the charges are correct.


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## apple1 (26 Sep 2008)

Thanks.  Update on affair - he readily admits to having one too many but completely denies being out of his senses.  According to him, only the gardai were called to an altercation in the area, he certainly wouldn't have come to their attention due to his condition on the night.  The summons also included a charge of giving wrong name to gardai & he is adamanat the garda asked him if he was involved in the altercation and when he replied no, he was asked the name of the person(s) involved in the incident.  He reckons when presented at the station, he readily gave his own name to the garda in charge but has reiterated that the arresting garda apologised for the misunderstanding the following night when questioned??


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## csirl (26 Sep 2008)

Years ago when I was in college, a classmate of mine has a similar experience. He was coming out of a city centre nightclub. There were a couple of altercations involving the patrons spilling out. The Garda arrived. As well as picking up the people involved in the altercations, they also picked up a number of people who had no involvement, including my classmate.

He was summonsed to District Court on drunk in public place, danger to ones self etc. He questioned the charges with the Garda, but the answer was along the lines of ...."we know you had nothing to do with the altercations etc......but you were drunk etc....just your bad luck that we came across you when we were dealing with an unrelated incident etc..."

Went to Court, but faced with admitting that he had been drinking all night and the arresting Garda saying that the picked him up because he was uneasy on his feet, all he could do was apologise and offer to pay money to the poor box. He doesnt believe he was that bad on the night in question, but, drink can impair your preceptions. He didnt think it would be worth arguing that after being drinking for appro. 6 hours solid that he was sober and steady on his feet. 

People who are drunk often over estimate their capabilities - they walk down streets convinced they are going in a straight line, but everyone can see they are staggering. People who have one too many do not realise how drunk they can look to others. Could you friend fall into this category?



> The summons also included a charge of giving wrong name to gardai


 
Has he spoken to the Garda in question and pointed out this mistake?


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## bond-007 (27 Sep 2008)

Get a solicitor asap as there is no reasoning with Gardaí in these situations and attempting to discuss these matters would only make matters far worse. The important thing is to have the matter disposed without getting a conviction. A solicitor would be best placed to have the matter dealt with properly.


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