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Dylan Green & Associates is one of the leading firms in the country, providing top-class Criminal Defence and Criminal Law Advice services. We deal with our client’s cases discreetly, efficiently and professionally. info@greensolcitors.ie or request a callback
Criminal Law Defence Ireland
Criminal law defence in Ireland involves the strategies and legal representation provided to individuals accused of committing criminal offences. When facing criminal charges, it is crucial to have a solid defence to protect your rights and ensure a fair trial. Here are some key aspects of criminal law defence in Ireland:
1. Legal Representation
You have the right to legal representation if you are charged with a criminal offence in Ireland. Engaging a qualified criminal defence solicitor or barrister specialising in criminal law is essential. They will assess your case, advise, and represent you throughout the legal process.
2. Presumption of Innocence
In Irish criminal law, the accused person is presumed innocent until proven guilty. The burden of proof lies with the prosecution, who must prove beyond a reasonable doubt that you committed the alleged offence. Your defence lawyer will work on challenging the prosecution's evidence and creating doubt about your guilt.
3. Legal Defences
Various legal defences can be utilised in criminal cases depending on the circumstances. Some common reasons include:
Lack of Intent
It may be a valid defence if the prosecution cannot establish that you did not intend to commit the alleged crime.
Alibi
If you can provide evidence that you were not present at the location of the crime when it occurred, it can be a strong defence.
Self-Defense
If you can demonstrate that your actions were taken to protect yourself or others from harm, self-defence can be a valid defence strategy.
Duress
It might be a valid defence if you were compelled to commit the alleged offence under threats or coercion.
Insanity or Diminished Responsibility
It can be a defence if you prove that you were not of sound mind at the time of the offence.
Gathering Evidence
Your defence lawyer will investigate the facts surrounding the case, gather evidence, interview witnesses, and explore any inconsistencies or weaknesses in the prosecution's case.
They may also engage expert witnesses to provide testimony that supports your defence.
Plea Bargaining
In some cases, it may be beneficial to negotiate a plea agreement with the prosecution. This involves pleading guilty to a lesser charge or receiving a reduced sentence to avoid a trial. Your defence lawyer will assess the merits of a plea bargain and advise you accordingly.
Court Representation
If your case proceeds to trial, your defence lawyer will represent you in court, cross-examine prosecution witnesses, present your defence, and argue on your behalf. They will strive to protect your rights, and the trial will be conducted fairly. Engaging a skilled and experienced criminal defence lawyer in Ireland is crucial to provide you with the best possible defences favourable. They will guide you through the legal process, protect your rights, and work towards achieving the most favourable outcome in your case. info@greensolicitors.ie. 0214708570. https://www.corkbeo.ie/news/local-news/three-court-cork-after-42m-27471853
Criminal Legal Defence
- Advising clients before any Garda investigation
- An Immediate Response 24-hour on-call service to advise clients in Garda custody
- Bail applications in District Court, High Court and Supreme Court
- Defending offences, including Public Order, Theft and Fraud Offences, Assault, Murder, Extradition, Firearms Offences, and Drugs & Drunk Driving.
- Appeals
Road Traffic Offences
Most people in Ireland who come into contact with the Gardai and the criminal justice system do so through prosecutions under road traffic legislation. At Green & Associates, we understand the importance of expert advice and representation to our clients when faced with a road traffic offence. Our experienced Road Traffic Department deals with various prosecutions against road users. Road traffic matters that may appear simple can be complex, and our experts will help you understand your legal position and ensure that the courts deal with you favourably. We are experts in dealing with all manner of road traffic issues, including:
- Drink Driving (including Drug Driving and failure to provide a sample);
- Dangerous and Careless Driving;
- Speeding and other penalty point offences;
- Regulatory offences such as failure to have insurance/NCT/driving licence/motor tax;
- HGV/PSV offences;
- Applications to restore driving licences.
Whether you are accused of impaired driving (ranging from failing to stop, careless driving to dangerous driving) or alcohol and drugs related offences (such as driving whilst unfit, driving with excess alcohol, or failing to supply a specimen for analysis), our lawyers can make the difference between you losing or keeping your driving licence. There are a variety of road traffic offences that one could commit, ranging from not having a valid NCT to causing death as a result of dangerous driving. https://www.echolive.ie/corknews/arid-41175457.html
Criminal Law
- Being arrested or charged with a criminal offence can be an extremely stressful experience. A criminal conviction can greatly affect your employment and ability to travel to other countries. Still, it can severely affect your standing and reputation amongst the wider community, family, and friends. Engaging a tried and tested criminal defence solicitor is in your best interests. Not only will they provide you with quality legal advice, but they will do so in plain English so that you feel more reassured and prepared for whatever comes next. Green and Associates Solicitors are those firms. We are fearless in the face of adversity and passionate about upholding our client’s best interests and experiences in all areas of the criminal justice system. This winning combination makes us successful in handling all criminal law matters – from minor public order offences and road traffic offences to serious assault allegations and murder charges.
Arrested Suspicion Crime
If you have been arrested on suspicion of a crime, you must engage an experienced criminal defence solicitor as soon as possible. Serious offences may include the sale and supply of drugs, murder or attempted murder, manslaughter, assault, sexual offences, fraud, cases of robbery including aggravated burglary, possession of firearms or offensive weapons, blackmail, extortion, kidnapping, and threats to kill. Serious crimes require specialist expertise, not least because they often involve large amounts of evidence and paperwork but because they also often raise complicated law issues. Our experience, legal knowledge, technical know-how and resource capabilities mean we are well-equipped to deal with the most demanding and challenging cases. https://www.breakingnews.ie/ireland/two-men-charged-with-cork-murder-1489139.html
Garda Station Attendance
If you are asked to attend a Garda station it is vital that you obtain legal advice before deciding how best to deal with the request. You have rights, entitlements and obligations on such situations and you must know as much as possible in advance. Please call us for a consultation and we will be happy to advise you. Green & Associates have a wealth of experience in Criminal law and can advise you on all aspects of Garda station attendance.If instead, you are arrested and brought to a Garda station, please ask the Gardai to call us as soon as you arrive at the station. Again, it is extremely important that you have full legal advice in advance of any interview that may take place.
Controlled Drug
Drug offences are often treated extremely seriously in Ireland. Unfortunately, a conviction for even the most minor drug possession offence can have career-ending consequences. At Green & Associates Solicitors, we have extensive experience in defending individuals accused of drug-related crimes, including the possession of drugs, possession with intent to distribute and the importation of medications.
Criminal Legal Defence
Drug Offences
- are often treated extremely seriously in Ireland. Unfortunately, a conviction for even the most minor drug possession offence can have career-ending consequences. At Green & Associates Solicitors, we have extensive experience in defending individuals accused of drug-related crimes, including the possession of drugs, possession with intent to distribute and the importation of medications.
Intoxication (being drunk) in a public place
Section 4 of the Criminal Justice (Public Order) Act 1994 deals with the offence of being intoxicated (that is, drunk) in a public place. While the maximum fine for being intoxicated in a public place in Ireland is a class E fine, the section gives the Gardai the power to seize the intoxicating substance (normally, the alcohol) where they suspect that an offence of being intoxicated in a public place is being committed.
Threatening, abusive
or insulting behaviour in a public place
Section 6 of the Criminal Justice (Public Order) Act 1994 makes it an offence for any person in a public place to use threatening, abusive or insulting words or behaviour with the intention of causing a breach of the peace. A typical example of this would be when a person, by their words or actions, was likely to cause a fight with the person or persons they insulted. It would also cover the situation where groups of youths were looking for trouble through their threatening behaviour towards other people. Again, the Garda may confiscate alcohol.
Any person found guilty of this offence can be liable to a class D fine and a prison sentence of 3 months maximum.
Disorderly conduct in a public place
This offence is concerned with what is described as “offensive conduct”.
Section 5(i) of the Criminal Justice (Public Order) Act 1994 makes it an offence for anyone in a public place to engage in offensive conduct:
- Between the hours of midnight and 7 a.m. next following; or
- At any time, after having been requested by a member of An Garda Siochana to desist.
Offensive conduct is unreasonable behaviour which (having regard to the circumstances) is likely to cause serious offence or serious annoyance to other people. The penalty for this offence is a class D fine.
The purpose of this offence was to deal with the types of disorderly behaviour which fall short of threatening behaviour but could adversely affect the quality of people’s lives. A typical example of this offence would be people shouting late at night, having left nightclubs where this would cause serious annoyance to residents.
Section 23A has been inserted in the Act by Section 184 of the Criminal Justice Act 2006 and allows the Gardai to impose a fixed charge fine for disorderly conduct in a public place instead of court proceedings for this offence. To have the crime treated as a fixed charge offence, you must give your name and address to the Garda. Failure to do so means you may be arrested without a warrant and be convicted of a summary offence for which the maximum penalty is a class C fine.
If the Gardai choose to have this offence treated as a fixed-charge offence, they may serve notice on you that you will not be charged if a stated amount is paid within 28 days. The amount of the fixed charge, currently €140, is set by Regulations.
Distribution or display in a public place of material which is threatening, abusive, insulting or obscene
7.—(1) It shall be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or obscene with intent to provoke a breach of the peace or being reckless as to whether a violation of the peace may be occasioned.
(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or imprisonment for a term not exceeding three months or both.
S11 Wilful obstruction
9.—Any person who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be liable on summary conviction to a fine not exceeding £200.
Entering the building, etc., with intent to commit an offence
to enter any building or the curtilage of any building or any part of such building or curtilage as a trespasser, or
(b) to be within the vicinity of any such building or curtilage or part of such building or curtilage to trespass thereon,
in the circumstances giving rise to the reasonable inference that such entry or presence was with the intent to commit an offence or unlawfully interfere with any property situated therein.
(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a term not exceeding six months or both.
S13 Trespass on building
It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.
S14 Riot
12 or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence for a common purpose, and
(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person's safety,
S15 Violent disorder
three or more persons who are present together at any place (whether that place is a public place or a private place, or both) use or threaten to use unlawful violence, and
(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person's safety,
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