Garda Station Advice
What are my rights?
If you are arrested or requested by a member of An Garda Síochána to voluntarily attend at a Garda Station for interview, it is essential in either scenario that you receive expert legal advice in advance of this interview. At Stephen O’Mahony Solicitors we understand how distressing a situation this can be and we will give you expert advice at every stage of the process.
In all circumstances where you are arrested you have the right to speak to a Solicitor either by a private phone conversation or in person and to have this Solicitor present with you during your detention in the Garda Station. We are also available to attend and sit in on the interview if you require.
Are you entitled to Free Legal Aid for advice when in a Garda Station?
You may be entitled to Legal Aid to cover the costs of your Solicitor attending for any Garda Station detention if you are arrested and detained under specific legislation such as Section 4 of the Criminal Justice Act or Section 2 of the Misuse of Drugs Act. If you are in receipt of Social Welfare or you earn less than €20,316 gross it is likely that you will qualify for Legal Aid. Please note that Legal Aid is means tested so your ownership of assets may also be taken in to account.
What usually happens when you require a Solicitor in a Garda Station?
1. When Stephen O'Mahony Solicitors arrive at the Garda Station, we will speak to the investigating Garda to get full details of the alleged offence and the evidence against you.
2. Following this, we will then hold a private consultation with you and give you our expert Legal advice.
3. Finally, when the interview commences we will attend and sit in on the interview to vindicate your rights and advise you where appropriate as the interview progresses to completion.
Juvenile detained in Garda Station
If you are aged under 18 you are entitled to have a Solicitor present together with a parent or guardian or in their absence another responsible adult before being questioned.
We are available 24/7 by telephone on our emergency number to advise you. We attend at all Garda stations in Dublin and have also attended at stations nationwide.