Old Man / New Law - Destiny .

[philipkntz]

Is there such a thing as Miranda Rights here in ROI ?

: the right to not answer , the right to Not incriminate one’s self ?

To advise you of your Legal Right to competent Counsel , if you can’t

afford one , one will be provided For you ..

In US it’s mandatory to have your rights read out to you at time of arrest .

Without it , arrest is null and void .

My understanding is that if they arrest you, they have to read you your rights. But if you are only "helping gardai with their enquiries" or just "giving a statement" they don't have to read you your rights, but they can arrest/prosecute you based on your own evidence.
My advice, seek legal advice. If you feel compelled to give a statement, give it to your own solicitor. He can then give it to gardai or advise you to keep your mouth shut and shred your statement.

[Good4u2]

My understanding is that if they arrest you, they have to read you your rights. But if you are only "helping gardai with their enquiries" or just "giving a statement" they don't have to read you your rights, but they can arrest/prosecute you based on your own evidence.
My advice, seek legal advice. If you feel compelled to give a statement, give it to your own solicitor. He can then give it to gardai or advise you to keep your mouth shut and shred your statement.

they only arrest you if they believe you committed a crime so if youre coming from the apartment and leaving by the front door and they going in you be ok unless you stick your foot in it, you then only have to give name and so. be polite,
If you're caught in the room, game over

[philipkntz]

they only arrest you if they believe you committed a crime so if youre coming from the apartment and leaving by the front door and they going in you be ok unless you stick your foot in it, you then only have to give name and so. be polite,
If you're caught in the room, game over

Only if they can prove that you paid or promised to pay for sex. I'm only there for the free samples

[Good4u2]

Only if they can prove that you paid or promised to pay for sex. I'm only there for the free samples

yes but your forgetting you are in a brothel here, that the key point here,
You will find it so difficult and anyway the Escorts will sink you big time, think about it, if they are spared a jail term, maybe keep their money, you think they care about you, clients like you and me are nobodies and if we are out of the picture it doesn't matter as there plenty more to cum along to take our place

[SteveB]

Is there such a thing as Miranda Rights here in ROI ?

: the right to not answer , the right to Not incriminate one’s self ?

To advise you of your Legal Right to competent Counsel , if you can’t

afford one , one will be provided For you ..

In US it’s mandatory to have your rights read out to you at time of arrest .

Without it , arrest is null and void .

It's not Miranda Rights but Irish and European law have similar safeguards.
You do not have to answer any questions, account for your movements or incriminate yourself.

Ir correct procedure was followed, if it is suspected anyone has committed an offence, he should be cautioned. (Clearly if a house is raided anyone on the premises not permitted to leave should be cautioned. ) Even if someone is cautioned and advised that he can get a lawyer it is easy under pressure to just admit something.

It is possible he was not arrested. It is possible he did not make a statement. We don't know what happened. It is possible he just admitted he had committed an offence, received a summons, arrived in court and pleaded guilty. Not good procedure nor best practice but it happens.

[SteveB]

My understanding is that if they arrest you, they have to read you your rights. But if you are only "helping gardai with their enquiries" or just "giving a statement" they don't have to read you your rights, but they can arrest/prosecute you based on your own evidence.
My advice, seek legal advice. If you feel compelled to give a statement, give it to your own solicitor. He can then give it to gardai or advise you to keep your mouth shut and shred your statement.

You CANNOT give a statement, unless it is a witness statement, without a caution.

"Helping with equiries" is rubbish. Most jurisdictions have abolished that. ROI hasn't but it is deeply legally flawed and won't stand up to legal scrutiny. If you "talk" to them, or they talk to you, you are being "interviewed" (I would say "interrogated", they would say "interviewed"). You cannot be interviewed as a suspect (or spoken to or interrogated or whatever ) legally outside of a caution. If you are, and the case arrives in court, the case is going to be looked at unfavourably at least.

Again, ALWAYS get legal advice!

[Good4u2]

It's not Miranda Rights but Irish and European law have similar safeguards.
You do not have to answer any questions, account for your movements or incriminate yourself.

Ir correct procedure was followed, if it is suspected anyone has committed an offence, he should be cautioned. (Clearly if a house is raided anyone on the premises not permitted to leave should be cautioned. ) Even if someone is cautioned and advised that he can get a lawyer it is easy under pressure to just admit something.

It is possible he was not arrested. It is possible he did not make a statement. We don't know what happened. It is possible he just admitted he had committed an offence, received a summons, arrived in court and pleaded guilty. Not good procedure nor best practice but it happens.

You see, I know the law very well, I put the point to you and you avoid it at all costs because you can not answer it.

The guy was caught up in a brothel, how do you get out of that one, i'm waiting?????????

[ford pefect]

From his interview, my understanding is he was approached leaving an apartment block, having been observed entering a particular apartment, in hindsight I'm sure he would have just given his name and address and asked if he should call his lawyer,
There must be some solicitors here that could advise what any unfortunate punter should do.

[SteveB]

You see, I know the law very well, I put the point to you and you avoid it at all costs because you can not answer it.

The guy was caught up in a brothel, how do you get out of that one, i'm waiting?????????

Let them prove something. They have, so far, not proven one single case under this law. Don't volunteer to end up in court.

[SteveB]

From his interview, my understanding is he was approached leaving an apartment block, having been observed entering a particular apartment, in hindsight I'm sure he would have just given his name and address and asked if he should call his lawyer,
There must be some solicitors here that could advise what any unfortunate punter should do.

If that is the case, I would have thought they had no evidence at all. It is not illegal to enter an apartment block and you do not have to explain why you are there. I doubt if you even have to give your name. Gardai are civilians, civilians with specific powers, but still civilians. As such, like the rest of us, can talk to people and ask questions. However, with a few exceptions, you are not obliged to answer their questions. Police become expert at "just talking" to people and implying you have to give an answer.