Arrest and Questioning

At McIntyre O’Brien Solicitors, it is our experience that people do not get arrested between 9:00am-5:00pm Monday-Friday. People are arrested at every different possible time during the week. That is why we are on call 24 hours day, 365 days a year to attend at Garda Stations and to provide the advice our clients need. If you are a family member or a friend to someone who has been arrested and they require immediate advice at a Garda Station, please call our on-call number at 086-3443140 now and we will endeavour to get to the station immediately.

Securing legal advice at the earliest opportunity could prove crucial if arrested for any offence, but most importantly for serious offences. If detained for the purposes of questioning, you need our advice so you are aware of the following:

(a)  The implications and consequences of making a statement in respect of the offence you have been arrested for;

(b)   the various defences available to you regarding an offence and how it may be crucial to outline that defence at the earlierst opportunity;

(c)   the consequences of not making a statement in relation to particular offences and how that might affect any potential sentence if ultimately convicted, for example Section 15A of the Misuse of Drugs Acts[see here];

(d)  the right to remain silent and the advantages and disadvantages in remaining silent during questioning;

(e)  Explaining the circumstances where the constitutional right to silence may be infringed upon, so that the State can draw inferences from your right to stay silent, and how best to respond to this situation.

It is not possible to cover every situation as above; there are many other issues which require to be considered when an individual is arrested, depending on why you have been arrested and what charge you are being questioned in respect of. Our advice will be tailored to the individual circumstances of your arrest while always ensuring the advice we give is in order to secure the best possible outcome for you

 


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