Free Legal Aid


This is a Scheme that was set up by the Government whereby a person who is charged with a serious offence [and for Legal Aid cases this means an offence which if convicted may carry a Prison sentence] can have a Solicitor appointed to defend him/her. If the case is of an even greater serious nature, then the Scheme will also provide for not only a Solicitor but a Barrister.

The second criteria for deciding whether Free Legal Aid will be granted in a criminal case is whether the offender can afford to pay a Solicitor or not. The Firm of Fleming & Barrett are on the Legal Aid Panel and we regularly prepare applications to the Court to have Legal Aid granted in the Defence of persons charged with criminal offences.

If Legal Aid is granted in such cases, the person to whom it is granted has no legal expenses whatsoever to pay his/her Solicitor and infact the Solicitor is legally prohibited from excepting any payment here.

We have a comprehensive and detailed knowledge in dealing with all aspects of Criminal Law and we can help you and explain the intricacies of all such matters to you.

Call us at 023-44211 or e-mail efleming@bandonsolicitors.com for further details.



Road Traffic Offences


Penalty points were first introduced on the 31st of October 2000 for speeding offences. Since then in 2003 there were introduced for driving without insurance and without safety belts [front and rear] and 2004 saw the introduction of penalty points for careless driving.

From the 1st of April 2006, they have been introduced for 31 new offences including;

  • Crossing a continuous white line.
  • Driving on the hard shoulder of a motorway.
  • Driving on a cycle track or footpath.
  • Failing to yield or to stop for a school warden.
  • Illegal entry on to a one way street or parking in a dangerous position.

In total therefore, there are 35 offences which carry penalty points which vary from 1 to 2 if payment is made on the spot or within 27 days, to up to 5 penalty points on a conviction following a Court appearance.

The Penalty Point procedure is difficult to understand, involved and can have severe consequences for drivers.

Call us at 023-44211 or e-mail efleming@bandonsolicitors.com for further details.



Public Order Offences


The Criminal Justice [Public Order] Act of 1994 was introduced on the 4th of April 1994 and gives widespread powers to the Guards to arrest and detain people for disorderly conduct, being intoxicated in a public place, threatening or abusive behaviour or obstructing the Gardai.

If you are convicted of any of these offences, they have grave consequences for you going forward. Again we have extensive experience in dealing with these matters in both the Circuit and the District Court and please call us now for any further information on 023-44211 or e-mail efleming@bandonsolicitors.com



Drugs


Before 1976 there was no specific Act dealing with the Misuse of Drugs in Ireland. In 1977, the Misuse of Drugs Act was passed and there have been a number of amending Acts since then aswell as a large number of regulations brought into place thereafter. Section 3 of the Act provides for the possession of Cannabis or Cannabis Resin and the penalty involved is a fine not exceeding €380.92 [£300.00] for a first offence if the conviction is recorded in the District Court. The fine is increased thereafter depending on the number of previous convictions.

Section 15 of the Act deals with possession of a controlled substance with the intention of selling it to others and here the fines amount to a sum of €1,269.74 [£1,000.00] or a term of imprisonment not exceeding twelve months.

So while it is theoretically impossible to be convicted twice for possession of Cannabis without getting a prison sentence, obviously a drugs conviction has major implications for anybody going forward and particularly in relation to anybody that might wish to look for a job in another country.

What we are telling you here is merely the tip of the iceberg as far as drugs offences are concerned but if you`d wish to have any further information in relation to this matter please telephone us now at 023-8844211 or e-mail efleming@bandonsolicitors.com