Criminal Defence

When a minor is accused of committing a criminal offence, their case is typically heard in The Children's Court, Smithfield Dublin 7.

The Children's Court operates under The Children Act 2001, which provides a separate legal framework for dealing with juvenile offenders. The court aims to adopt a more rehabilitative and welfare-oriented approach rather than a purely punitive one.

Ferrys Solicitors LLP represent juveniles in The Children’s Court and work to assess the needs and circumstances of our clients in order to assist the court in determining the most appropriate intervention or disposal for their case.

The court takes into consideration factors such as the age, maturity, and circumstances of the young person, as well as the nature and severity of the alleged offence.

The court proceedings are generally less formal than those in adult courts, with a greater emphasis on support and guidance for the juvenile.

The Children's Court may impose a range of disposals or interventions including probation supervision, community service orders, referral to counselling or educational programs, or, in more serious cases, detention in a specialised youth detention facility. The primary goal of The Children's Court in Ireland is to address the underlying factors that contribute to juvenile offending and to support the rehabilitation and reintegration of young offenders into society. The court aims to strike a balance between holding minors accountable for their actions and providing them with the necessary support and opportunities for positive change.

If you have any concerns regarding The Childrens Court or have been contacted by the Gardaí, we are here to assist. Contact us to discuss the situation in confidence with one of our highly skilled criminal defence solicitors.

https://www.irishstatutebook.ie/eli/2001/act/24/section/75/enacted/en/html#:~:text=—(1)%20Subject%20to%20subsection,fit%20to%20be%20tried%20summarily

At Ferrys Solicitors LLP we are highly skilled in the area of drink and drug driving law. If you have been charged or received a summons for drink/drug driving, the criminal law team at Ferrys Solicitors LLP is here to help you.

We’re your specialists in the defence of drink and drug driving cases. Our criminal law team understands the intricacies of drink/drug driving legislation, testing procedures and evidentiary requirements.

We will attend court with you and request all the evidence relating to the incident including breathalyser test results, blood or urine test results, witness statements, Garda statements, video or photographic evidence including dashboard cameras, CCTV systems or other recording devices that may have captured the alleged offence.

At Ferrys Solicitors LLP we understand the intricacies of the legislation, testing procedures and evidentiary requirements required by the DPP in order to secure a conviction. We conduct a meticulous analysis of the evidence and scrutinise the procedures followed by the Gardaí to ensure that your rights were protected throughout the process. We work closely with our clients to gather all the relevant information and build a comprehensive defence.

Our proven track record in relation to these types of cases, means that you get the highest standard of representation before the courts.

The potential penalties upon conviction of a drink or drug driving offence include disqualification, fines, and even imprisonment in certain circumstances. Licence disqualification in itself can have a profound effect on your ability to commute, work and maintain independence.

We strive to achieve the best result possible for our clients whether that be through negotiation and mitigation, or presenting a strong legal argument to fully defend the case in court.

Driving Disqualification Appeals:

If you have been convicted of a road traffic offence and face disqualification from driving in the District Court, you have the option to appeal the case to the Circuit Court. To secure a stay on the District Court order it is crucial that you lodge the appeal within 14 days of the conviction. We understand the challenges faced by individuals in this unfortunate position. As experienced road traffic law solicitors, we thoroughly examine each case, aiming to attain the most favourable outcome for our clients.

Driving Licence Restoration:

You can apply for the restoration of your driving licence after half the disqualification has expired. If the court determines that it is appropriate to restore your licence, you will not receive it back until two thirds of the disqualification period has expired, or two years, whichever is the lesser.

The court will require proof that;

• Any fine relating to the offence was paid.
• Your licence has been surrendered to the Motor Tax Office.
• Your insurance company has been notified of the disqualification.
• In circumstances where you are not insured, a letter from an insurance company will be required stating that they will quote you, when your licence is restored and that they have been made aware of the disqualification.

Ferrys Solicitors LLP are experienced in early restoration applications. We are available to assist you through the process and represent you in court.

https://www.irishstatutebook.ie/eli/1961/act/24/enacted/en/html

For your best chance at avoiding a conviction, mandatory driving disqualification, or fines, call us today. Contact our Criminal Law Team at Ferrys Solicitors. Call 01-6779408 or our emergency out of hours service on 0871223080.

Emergency Solicitor Service 0871223080

Garda Station attendance:

If you are arrested or detained for questioning at a Garda Station, you need the best representation and support. With Ferrys Solicitors LLP, you gain full advantage of our years of experience in criminal law.

Should you make a statement?

The Gardaí often contact individuals regarding allegations of an offence. They may ask you to attend a station to make a statement. It is important to consult with us  immediately to discuss the matter. We can assist you in deciding whether you should provide a statement or even attend the Garda station at all.

Every situation has multiple factors to take into consideration and information provided by you may cause more harm than good.

While you may wish to tell your side of the story, this is not always the best approach. Ferrys Solicitors LLP have successfully represented clients throughout Ireland for over 30 years. Call us to discuss your case in confidence.

You should speak with us before engaging in any legal process that may affect you at a later stage.

All the circumstances surrounding the case should be considered before committing to a strategy.

We are readily available to offer guidance and advice to anyone accused  of a criminal offence.

Court date?

If you have been charged or summonsed to appear in court, contact our criminal defence department immediately.

We attend the Criminal Courts of Justice in the Dublin City Centre and courts throughout County Dublin on a daily basis.

We successfully defend allegations of criminal offences at all court levels in Dublin and throughout Ireland.

Bail and Station Bail:

You may have been arrested, brought to a Garda Station, charged and released on station bail. The station bail document will list the court and date that you have to appear before a Judge. You will also have received charge sheets outlining the offences that you have been charged with. In order to understand the process you should contact us. We will outline what to expect and whether we believe you will be a candidate for free legal aid.

Call our criminal law team on 0871223080. We’re available 24 hours a day, 7 days a week to give you the advice you need for your specific situation.

We’ll ensure that you are aware of your rights and that your rights are observed while you are in the Garda Station. You’ll receive the highest standard of advice in relation to any allegation against you.

In Ireland, individuals who cannot afford legal representation in criminal law cases may be eligible for free legal aid in accordance with the Criminal Justice (Legal Aid) Act, 1962. The purpose of free legal aid is to ensure that everyone has access to legal advice and representation, regardless of their financial circumstances.

According to the Criminal Justice (Legal Aid) Act, 1962, if it appears to the District Court;

(a) that the means of a person charged before it with an offence are insufficient to enable him to obtain legal aid, and

(b) that by reason of the gravity of the charge or of exceptional circumstances it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence before it

the Court shall, on application being made to it in that behalf, grant in respect of him a certificate for free legal aid.

https://www.irishstatutebook.ie/eli/1962/act/12/section/2/enacted/en/html#sec2

 Am I entitled to free legal aid?

Contact Ferrys Solicitors LLP in order to quickly assess the likelihood of your eligibility for free legal aid representation.

Eligibility for free legal aid is determined through a means test, which assesses the individual's income, assets, and overall financial situation. The means test takes into account factors such as income, number of dependents, expenditure, rent or mortgage. At Ferrys Solicitors LLP we can discuss these aspects with you and assess your situation.

Garda Station Legal Advice:

If a person is arrested or detained by the Gardaí, they may be entitled to free legal advice at the Garda station. We can assist in this regard.

Exceptional Circumstances:

In certain cases, even if a person does not meet the means test criteria, they may still be eligible for free legal aid if there are exceptional circumstances that warrant it. These circumstances are assessed on a case-by-case basis.

Seriousness of the Offence:

The seriousness of the offence before the court is a factor that is taken into consideration when granting free legal aid. Should your case be transferred to the Circuit Court or Central Criminal Court your free legal aid entitlement will carry forward to those courts.

White-collar crime refers to non-violent offences typically committed by individuals or organisations in business or professional settings. In Ireland, white-collar crime is taken seriously, and there are laws and regulations in place to address such offenses.

Some common forms of white-collar crime in Ireland include:

• Fraud
• Embezzlement
• Money laundering
• Fraudulent trading
• Bribery
• Tax evasion
• Corporate fraud
• False accounting

The investigation and prosecution of white-collar crimes in Ireland are primarily handled by the Garda National Economic Crime Bureau (GNECB) and the Office of the Director of Corporate Enforcement (ODCE). These agencies work closely with other regulatory bodies, such as the Central Bank of Ireland and the Revenue Commissioners, to detect and investigate financial irregularities.

To combat white-collar crime, Ireland has implemented various measures, including strengthening legislation, enhancing regulatory oversight, and promoting corporate governance practices.

If found guilty of a white-collar crime in Ireland, individuals can face significant penalties, including fines, imprisonment, or both. The severity of the punishment depends on the nature and extent of the offence.

In Ireland, the Health and Safety Authority (HSA) is the primary regulatory body responsible for enforcing health and safety standards in the workplace. They oversee compliance with legislation, conduct inspections, and investigate incidents or complaints related to health, safety, and environmental concerns.

In recent years, there has been an increased recognition of the impact of workplaces on the environment. Legislation now places greater emphasis on environmentally responsible practices, such as waste management, energy efficiency, pollution control, and sustainable resource usage.

Penalties and Enforcement: Non-compliance with health, safety, and environmental regulations can result in significant penalties, including fines, legal liabilities, and reputational damage. The HSA has enforcement powers to investigate offenses, issue improvement notices, and prosecute where they deem it necessary.

Ferrys Solicitors LLP solicitors provide expert legal advice and representation for individuals or organisations facing charges related to health and safety offences. We assess the strength of the prosecution's case, evaluate the evidence and any weaknesses or inconsistencies in the prosecution’s case to develop a defence strategy. This includes reviewing the actions of the HSA and investigating whether proper protocols were followed during inspections, investigations, or enforcement actions to challenge any procedural irregularities that may impact the fairness of the case.

Professional misconduct disciplinary proceedings typically involve investigations into alleged unethical or improper behaviour exhibited by professionals in the course of their work.

Certain actions or omissions that violate the established standards, codes of conduct, or ethical guidelines applicable to a particular profession can become the focus of an investigation. Professional bodies have the authority to initiate disciplinary proceedings against their members in professions including medicine, pharmacy, law, accounting, engineering, architecture, social work, teaching and others.

Accusations of professional misconduct can vary depending on the profession and some common types include:

1. Breach of confidentiality: Sharing confidential or privileged information without proper authorisation or consent, violating the trust placed in the professional-client relationship.
2. Fraud or dishonesty: Engaging in deceptive practices, misrepresenting facts, or providing false information to clients, colleagues, or regulatory authorities.
3. Conflict of interest: Failing to disclose personal or financial interests that may compromise professional judgment or create a bias in decision-making.
4. Negligence or incompetence: Providing substandard or inadequate services, failing to meet professional standards, or displaying a lack of knowledge or skill required for the job.
5. Misuse of professional privileges: Abusing one's power, authority, or position for personal gain or to exploit clients or colleagues.
6. Sexual harassment or inappropriate behaviour: Engaging in unwelcome advances, inappropriate comments, or any form of sexual misconduct towards clients, colleagues, or subordinates.
7. Violation of professional regulations or laws: Disregarding or knowingly violating the rules, regulations, or laws governing the profession.
8. Failure to maintain professional boundaries: Engaging in relationships with clients or patients that go beyond the scope of the professional relationship and compromise objectivity or professional judgment.

Professional misconduct is taken seriously and can result in disciplinary actions, such as warnings, fines, suspension, revocation of professional licences, or legal consequences, depending on the severity and jurisdiction.

Ferrys Solicitors LLP have successfully represented professionals in disciplinary proceedings before regulatory bodies at all levels.

With our extensive knowledge of the applicable regulations, laws, and codes of conduct, we can assist you in navigating the complexities of any proceedings you may be facing. 

If you have been contacted by your professional organisation and become the focus of an inquiry or investigation, we are here to offer immediate assistance and advice.

The Criminal Assets Bureau (CAB) was established under the Criminal Assets Bureau Act 1996 and operates as a unit  An Garda Síochána. The primary objective of the Criminal Assets Bureau is to identify and seize the assets alleged to have derived from criminal activity, such as drug trafficking, organized crime, money laundering, and other serious offenses.

These assets may include cash, property, vehicles, and other valuables. CAB employs a multi-disciplinary approach to investigating organized crime and the proceeds of crime. It combines the efforts of Garda officers, financial investigators, tax officials, and other specialists to gather evidence, trace assets, and ultimately initiate legal proceedings to confiscate them.

The Criminal Assets Bureau has the power to freeze and seize assets that are suspected to be the proceeds of criminal activity, even before a person has been convicted of a crime. The bureau can apply to the High Court for an order to seize these assets, which are then managed by the bureau until the completion of legal proceedings.

We are experts at representing clients and companies who are the subject of Revenue investigations and proceedings involving the Criminal Assets Bureau. If you have been contacted by an CAB or Garda Síochana in relation to an investigation of fraudulent or criminal activity, you should contact our office for immediate advice.

https://www.irishstatutebook.ie/eli/1996/act/31/enacted/en/html

Ferrys Solicitors LLP have a proven track record and expertise in representing individuals and organisations in judicial review proceedings.

In Ireland, judicial review is a process by which the Courts review the legality of decisions made by public bodies or government entities to ensure they are consistent with the law and the Constitution.

Judicial review serves as a check on the exercise of public power, ensuring that it is done within the boundaries set by law. The power of judicial review in Ireland is derived from the Constitution of Ireland, as well as from common law principles. Article 34 of the Irish Constitution establishes the High Court as the venue for judicial review proceedings. However, in certain cases, the Supreme Court may also exercise the power of judicial review.

Some common grounds for judicial review include:

Ultra Vires: The decision or action goes beyond the legal powers or authority of the public body or government entity.

Procedural Irregularity: There has been a failure to follow the correct procedures or observe the principles of natural justice in making the decision.

Unreasonableness: The decision is so irrational or unreasonable that no reasonable decision-maker could have reached it.

Error of Law: The decision-maker has made an error of law in interpreting or applying the relevant legal principles.

Unconstitutionality: The decision or law is inconsistent with the provisions of the Irish Constitution and thus unconstitutional.

The process involves applying to the High Court for leave (permission) to bring the review. It must be demonstrated that there is sufficient standing (legal interest) and that there are arguable grounds for review. If the Court grants leave, the case proceeds to a full hearing where the Court examines the merits of the case. The Court has the power to quash or set aside the decision being challenged, and it may also make other appropriate orders or remedies.

The judicial review process plays a crucial role in ensuring that public bodies and government entities act within their legal powers and respect our Constitutional principles. It provides a mechanism for individuals and organisations to challenge decisions that they believe are unlawful, unfair, or unconstitutional.

Contact Ferrys Solicitors LLP for expert legal advice and representation in judicial review proceedings.

https://www.irishstatutebook.ie/eli/cons/en/html#part11

Ferrys Solicitors LLP specialise in challenging warrants and defending individuals before the courts. If your premises has been searched or you believe that a live bench warrant for your arrest may be in existence, you can contact us immediately. We can assist in having a bench warrant executed by arrangement with the Gardaí which can ultimately be looked upon more favourably by the Court in an application for bail.

A warrant is a legal document issued by a judicial authority that authorises the Gardaí to carry out specific actions, such as searching premises, arresting individuals, or seizing property. Warrants are typically issued when the Gardaí have a reasonable belief that a crime has been committed and that the requested action is necessary for the investigation or prosecution of the offence.

Search Warrants:

A search warrant allows the Gardaí to enter and search a premises, including private residences, businesses, or vehicles, to look for evidence related to a suspected crime. To obtain a search warrant, the Gardaí must present evidence to a judge or a peace commissioner, demonstrating reasonable grounds to believe that the search will yield relevant evidence. The warrant specifies the location to be searched and the items or evidence sought.

Arrest Warrants:

An arrest warrant is issued by a Judge when it is believed there is a need to apprehend an individual suspected of committing a crime. The warrant authorises the Gardaí to arrest and detain the person named in the warrant. To obtain an arrest warrant, the Gardaí must provide sufficient evidence to establish reasonable grounds for the arrest. The warrant includes details of the person to be arrested and the alleged offence.

Bench warrants:

Bench warrants are often issued by Judges in Criminal Courts where the defendant has not appeared in Court having received a charge sheet, summons or date for remand. We can assist in facilitating the execution of a bench warrants by arrangement with the Gardaí. This will involve attending a Garda station and being brought to court to have it executed. If you or someone you know has been contacted by the Gardaí or arrested on foot of a bench warrant, you can call us for immediate assistance and representation.

Execution of Warrants:

When executing a warrant, the Gardaí must adhere to certain procedures and guidelines to ensure that individuals' rights are protected. They must clearly identify themselves, state the purpose of the warrant, and provide a copy of the warrant if requested. The Gardaí may use reasonable force if necessary to carry out the authorised actions specified in the warrant.

Contact Ferrys Solicitors LLP for expert advice regarding warrants.

Revenue and tax regulation offences involve actions that may be deemed illegal or non-compliant with Irish tax laws, regulations, or reporting requirements. The Irish tax system is governed by the Revenue Commissioners, which is responsible for administering and enforcing tax laws and regulations. Common revenue and tax regulation offences in Ireland include:

Tax Evasion: Intentionally avoiding or underreporting taxable income, inflating expenses, or engaging in fraudulent schemes to evade paying taxes.

Failure to File Returns: Failing to submit required tax returns or making false or misleading statements on tax returns.

Non-Payment of Taxes: Deliberately not paying owed taxes or engaging in schemes to avoid tax payments can be considered an offence..

False Statements or Documents: Providing false information, such as forged documents or inaccurate records, to the Revenue Commissioners.

Money Laundering: Engaging in financial transactions to conceal the origins of illegally obtained funds, including those derived from tax offences.

Offshore Tax Evasion: Illegally hiding assets or income in offshore accounts or jurisdictions to avoid taxation.

VAT Fraud: Engaging in fraudulent activities related to Value Added Tax (VAT), such as false invoicing or carousel fraud.

Enforcement and Penalties: The Revenue Commissioners have the authority to investigate and prosecute revenue and tax regulation offences. They conduct audits, inspections, and investigations to ensure compliance. If a violation is detected, the Revenue Commissioners can impose penalties, fines, or pursue criminal prosecution, depending on the severity of the offence. Penalties for revenue and tax regulation offences can include fines, interest on unpaid taxes, surcharges, and in some cases, imprisonment. The severity of penalties depends on factors such as the nature and extent of the offence, the amount of tax evaded, and the individual or entity's compliance history.

Ferrys Solicitors LLP provide expert legal advice related to revenue, tax & regulation offences . We analyse the specific circumstances of your case and explain the relevant laws, regulations, and procedures involved. We will assess the strengths and weaknesses of the prosecution's case and work to build a strong defence. We specialise in identifying procedural errors and presenting alternative interpretations of the law.

If you wish to discuss any concerns you have about regulation offences, contact Ferrys Solicitors LLP in confidence.

The Central Bank of Ireland has the authority to investigate and take enforcement actions against regulated financial institutions and individuals operating within the financial sector. It has powers to conduct inspections, audits, and investigations to ensure compliance with relevant laws and regulations. The Central Bank can impose fines, sanctions, or other penalties on individuals or companies found to have breached the rules. In addition to the Central Bank, the Garda National Economic Crime Bureau (GNECB) is responsible for investigating financial crimes. The GNECB collaborates with other national and international law enforcement agencies, such as the Criminal Assets Bureau and Europol, to investigate complex financial crimes and money laundering cases.

Ferrys LLP Solicitors provide expert legal advice relating to allegations of financial and banking offences and illegal activities, including fraud, money laundering, insider trading, market manipulation, and other forms of financial misconduct.  In recent years, we have acted for clients and companies in several high-profile financial investigations and inquiries.