Criminal Law Solicitor in Letterkenny
At Crawford Gallagher Solicitors we represent people who have been accused of a crime, whether it is minor or non minor offence. We also provide Garda station call outs service.
Most offences will start in the District Court depending on the type of charge. The district judge will either have the jurisdiction to deal with the offence presented before him/her or send it forward to the circuit criminal court or the central criminal court for trial. Whatever offence you are charged with either minor or non minor don’t hesitate to call the office.
What if you are arrested by a Garda?
If you have been arrested by a member of the gardai and brought to the garda station, you should call the office immediately. 0749164906 for a Criminal Law Solicitor in Letterkenny
“Never give any statement or engage in a Garda station interview, without first seeking legal advice”
If you have been contacted by a Garda to attend the Garda station to give a voluntary statement, call our office immediately on 074 916 4906 (24 Hour Call out Service)
Do not disclose any information to the Garda until you have been legally advised. Any statement you give may be used as a basis for prosecution or further investigation against you.
Article 38 .1 of the Constitution provides the absolute right for an accused to remain silent where they are accused of a criminal offence. However inferences may be drawn from your silence, but one cannot be convicted on inferences alone.
It is vitally important that you seek legal advice before any interview is conducted by the Garda, as your criminal law solicitor can advise on the best course of action to take during the interview process.
Remember the burden of proof is on the prosecution to prove beyond reasonable doubt that you did in fact commit the crime, which you are accused of.
How long can I be detained?
There are different types of detention periods in the Garda station depending on the type of crime you are accused of. The main pieces of legislation that govern detention after arrest are:
Example :
S4 Criminal justice Act 1984 maximum detention is 24 hours.
S30 of the offences against the State Act 1939 maximum detention is 72 hours
S2 Criminal Justice ( Drug Trafficking) Act 1996 maximum detention 7 days
S50 Criminal Justice Act 2007 maximum detention is 7 days
S 42 Criminal Justice Act 1999 maximum detention is 24 hours
The above also include extension periods.
Am I entitled to free legal aid?
You may be entitled to Free Legal Aid in Garda stations if you are on social welfare payment or your earnings are under €20.316 gross. Remember legal aid is means tested. Therefore if you fall within the categories mentioned above then you may be entitled to legal aid to cover the cost of you solicitor attending the Garda station for consultation and or interview with their client.
If you would like to have a confidential discussion regarding your legal query please contact the office on Letterkenny 074 916 4906. Or email info@crawfordgallaghersolicitors.ie
This article is general in nature and can not be regarded as legal advice, as it is commentary only. If you would like legal advice regarding how the law applies to your individual situation, then please do not hesitate to contact the office to talk to a Criminal Law Solicitor in Letterkenny