• Due to a glitch in the old vBulletin software, some users were "banned" when they tried to change their passwords at the end of February. This does not apply after the site was converted to Xenforo. If you were affected by this, please us viua the Contact us link in the footer.

Pressing charges but you have a criminal conviction.


greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
Hi Folks,

My friend is reluctant to press charges for a serious assault in which he received a smashed tibia. This occurred some seven weeks ago at his pals house. A slanging match developed between him and his friends house mate whereupon he received a punch to the face, he took his jacket off, squared up to this guy and then received a punch to the nose followed up by a powerful kick to his tibia just below the knee. He was very drunk at the time whereas this guy was sober and in control. His doc told him that the fracture could only have been caused by a high energy impact. This has convinced him to press charges but he is worried that his own past will come back to haunt him. I have told him that that this is a completely different scenario. His friend agreed to go witness for him and says he saw him strike him first. Surely the defence cannot use his past against if it went to court? Is there any legal eagles here that can offer any advice?
 


ManOfReason

Well-known member
Joined
May 24, 2007
Messages
4,328
Unless his friend's money what is the point? If he has outstanding (potential) charges against himself why risk exposing himself to legal scrutiny just so his attacker might get a slap on the wrist.

Giving up the booze might be the best lesson he can gain from this.
 

neiphin

Well-known member
Joined
Aug 23, 2009
Messages
5,585
get new friends
 

EUrJokingMeRight

Well-known member
Joined
Sep 28, 2009
Messages
11,838
A drunk guest gets lippy to a sober person, resident in their own home and subsequently gets a thump. Not a good start irrespective of previous criminal convictions.

Stupiditiy is not a crime, although I think it should be after a certain amount of 'stupidity' fails!

Press charges by all means, his past should not come into it unless they are convictions for drunk & disorderly and violent behaviour...in which case your friend needs to admit to his behavioural issues and to get the help he needs.

As MoR stated earlier, he should learn from this, give up the booze and grow up. And choose better people to be around.
 

greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
A drunk guest gets lippy to a sober person, resident in their own home and subsequently gets a thump. Not a good start irrespective of previous criminal convictions.

Stupiditiy is not a crime, although I think it should be after a certain amount of 'stupidity' fails!

Press charges by all means, his past should not come into it unless they are convictions for drunk & disorderly and violent behaviour...in which case your friend needs to admit to his behavioural issues and to get the help he needs.

As MoR stated earlier, he should learn from this, give up the booze and grow up. And choose better people to be around.
Good points but it was not his friend who carried it the assault it was his friend's house mate. By the way his friend has agreed to support my friend as witness!
 
Last edited:

freewillie

Well-known member
Joined
Feb 3, 2013
Messages
7,455
Good points but it was not his friend who carried it the assault it was his friend's house mate.
In a hostile situation did he expect the other lad to wait to get a slap first. Another sob story of scumbag activity going on every weekend in the country. Gets drunk and hostile and ends up getting a hiding. All I can say is HA HA HA HA
 

Eoin Coir

Well-known member
Joined
Jun 16, 2012
Messages
16,604
What type of convictions has your friend ? If they were for assault and say the culprit put up a self defense stance, it would not be releavt.
If it was a conviction for say minor drugs offences, it would not be relevant at all.
 

DuineEile

Well-known member
Joined
Aug 29, 2010
Messages
14,939
His friends housemate was in his own home. Not a good start.

If as you say, the evidence will be that this was an unprovoked attack, then possibly your friend may bring it home. However, your friend's evidence will be unreliable, because he was drunk. I am wondering if your friend's friend was also drunk (just to make the case even harder!)?

It looks far from a slam dunk to me. Having said that, I am a civil lawyer not a criminal one.

D
 

greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
What type of convictions has your friend ? If they were for assault and say the culprit put up a self defense stance, it would not be releavt.
If it was a conviction for say minor drugs offences, it would not be relevant at all.

His conviction was for dangerous driving about five yrs ago - he received a ban. This guy ( who assaulted my friend) is a confrontational guy and is always looking for arguments over anything. He has no friends and out of desperation tries to hang out with his much older house mates who always make excuses not to go out with him.
 

freewillie

Well-known member
Joined
Feb 3, 2013
Messages
7,455
His friends housemate was in his own home. Not a good start.

If as you say, the evidence will be that this was an unprovoked attack, then possibly your friend may bring it home. However, your friend's evidence will be unreliable, because he was drunk. I am wondering if your friend's friend was also drunk (just to make the case even harder!)?

It looks far from a slam dunk to me. Having said that, I am a civil lawyer not a criminal one.

D
Obviously from the bull ************************ you are coming out with. If you cant offer proper legal advice lay off the "I am civil lawyer " rubbish
 

freewillie

Well-known member
Joined
Feb 3, 2013
Messages
7,455
His conviction was for dangerous driving about five yrs ago - he received a ban. This guy ( who assaulted my friend) is a confrontational guy and is always looking for arguments over anything. He has no friends and out of desperation tries to hang out with his much older house mates who always make excuses not to go out with him.
Any chance you would have some evidence that would stand up in court.
 

greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
Any chance you would have some evidence that would stand up in court.
He admits himself to hitting my mate first and this is in a text message. For the record my pal has no violent convictions. He abhors violence and avoids it at all costs, I know from experience. If he gets a bad vibe from a pub like a menacing atmosphere - he will not drink there.
 
Last edited:

tigerben

Well-known member
Joined
Sep 21, 2010
Messages
4,620
As sore and sorry as your friend is feeling, I'd chalk it down to drink and learn a hard lesson. First thing a Garda will ask is " were you drinking" and " were you drunk" . Did he go to the ER or wait till the next day for a visit to his own doctor. If his friend that is willing to speak up was drinking, and the man who threw the punch was sober ,will a Garda will believe it self defence. If you want , I can ask my brother tomorrow and find out what the gardai would do or take is seriously.
 

greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
His friends housemate was in his own home. Not a good start.

If as you say, the evidence will be that this was an unprovoked attack, then possibly your friend may bring it home. However, your friend's evidence will be unreliable, because he was drunk. I am wondering if your friend's friend was also drunk (just to make the case even harder!)?

It looks far from a slam dunk to me. Having said that, I am a civil lawyer not a criminal one.

D
Aye Duine, they were both drunk because they were out together that night..it was the Ireland v Sweden game. I reckon you could be right, the defence will have a field day if that went court.
 

greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
As sore and sorry as your friend is feeling, I'd chalk it down to drink and learn a hard lesson. First thing a Garda will ask is " were you drinking" and " were you drunk" . Did he go to the ER or wait till the next day for a visit to his own doctor. If his friend that is willing to speak up was drinking, and the man who threw the punch was sober ,will a Garda will believe it self defence. If you want , I can ask my brother tomorrow and find out what the gardai would do or take is seriously.
Thanks tiger, good points. I suppose it does look bad when there is drink involved..it probably wouldn't even get to court.
 

eoghanacht

Well-known member
Joined
Apr 18, 2006
Messages
33,303
Aye Duine, they were both drunk because they were out together that night..it was the Ireland v Sweden game. I reckon you could be right, the defence will have a field day if that went court.
If the witness was drunk the guards will do little more than take a statement, have a look in the local paper, at the court reports it'll help you gauge whether or not the district judge is likely to entertain the charge if only to give you an insight into the chances of whether the guards would bother prosecuting the case. The fact that there's an omission of guilt by the other lad in a text will help your mate.

Tell him to go to the guards, they'll set him straight.

Your friends previous shouldn't come into it if what you say about him abhorring violence is true.
 

Sync

Well-known member
Joined
Aug 27, 2009
Messages
28,776
1. Your friend's no use as a witness. By your own admission he's got a shady memory of the night.

2. You'll need more than a single witness who's friends with the victim. Your friend needs to contact the other party goers and see what their memory of the event is and their willingness to speak to the police.

3. Key as well is what triggered the altercation. Did your friend goad the resident of property into a confrontation, was your friend being drunk and abusive towards others, did the resident have reasonable basis to try and eject your friend etc.

4. What's your friend's end goal? Is he happy to press charges, involving all that circle of friends in a court case? If so that's no issue, but he needs to be aware of what that will involve.
 

former wesleyan

Well-known member
Joined
Nov 29, 2009
Messages
25,875
So. To sum up m'lud, this is a classic case of Billy No-Mates meeting Mad Max.
 

greenbacks

Well-known member
Joined
Jan 14, 2013
Messages
2,801
1. Your friend's no use as a witness. By your own admission he's got a shady memory of the night.

2. You'll need more than a single witness who's friends with the victim. Your friend needs to contact the other party goers and see what their memory of the event is and their willingness to speak to the police.

3. Key as well is what triggered the altercation. Did your friend goad the resident of property into a confrontation, was your friend being drunk and abusive towards others, did the resident have reasonable basis to try and eject your friend etc.

4. What's your friend's end goal? Is he happy to press charges, involving all that circle of friends in a court case? If so that's no issue, but he needs to be aware of what that will involve.
There was only the three of them - both he and his friend had been out drinking the night of the Ireland match. Even if this was a provoked assault, would that mitigate the seriousness of the incident for the defendant?
 
Last edited:

New Threads

Popular Threads

Most Replies

Top