Knowing your rights, knowing what to do, knowing what NOT to do.
For many people, the first time they realise they have been the subject of a complaint to the Gardai is when they are contacted with a request to attend the police station to make what is called a ‘voluntary statement under caution’.
Alternatively, people may find themselves being ‘arrested’ – in other words, being detained by the Gardai against their will and brought to a police station or before the Courts.
A voluntary statement is where the Gardai request the person involved to attend the station where they make a statement which will be taken down in writing. The person will then be asked to sign it. The objective of this process is to allow the person to put forward their side of the story. Always bear in mind however, that this statement may be used in evidence in a court prosecution, should that situation arise.
Being arrestedor detained is where the Gardai arrest or detain a person and bring that person to the Garda Station against their will. When in the station, the person may be interviewed under caution in relation to the complaint that has been made.
In either event, the first thing you should do is to contact a solicitor for legal advice. YOU SHOULD NEVER FORMALLY TALK TO THE GARDAI WITHOUT FIRST SEEKING LEGAL ADVICE FROM YOUR SOLICITOR.
What to do when Arrested
The first thing a person should do is to make contact with their solicitor for legal advice. YOU SHOULD NEVER FORMALLY TALK TO THE GARDAI WITHOUT FIRST SEEKING LEGAL ADVICE FROM YOUR SOLICITOR.
The Gardai will make the person aware of their right to consult with a solicitor at the very beginning of the process. Before saying anything, the person should consult with their solicitor who will advise them of their constitutional rights such as the right to silence and the