Criminal Defence Solicitors, Kilkenny

WHEN FACING SERIOUS CRIMINAL CHARGES OR LOOKING TO HAVE A CONVICTION OVERTURNED, FIRST-CLASS LEGAL REPRESENTATION CAN MAKE ALL THE DIFFERENCE.

We know how confusing, upsetting and stressful these situations can be, with the potential for life changing consequences if you are convicted of an offence. That is why you need the best experienced criminal defence lawyers on your side, right from the outset, to defend your rights and obtain the best result for you.

Transforming The Traditional Approach

Our approach to a criminal charge is tailored to your case and the strategy that needs to be applied to ensure you achieve the best possible outcome. We work tirelessly for clients to ensure your case has been carefully analysed by our skilled staff and there is nothing left to oppurtunity or chance on your court day. Strategy is an important element of Criminal Litigation and as everything in life there are ‘two sides’ to the story. We are here for you to ensure that your side of the story is put forward to the Court in a manner that is in your best interests.

The Criminal Process

When the state initiates charges against an individual for an alleged offense, it is required to follow established rules of criminal procedure in order to maintain consistency in the system and protect your constitutional rights.

YOU HAVE RIGHTS - USE THEM WISELY

The right to consult with a solicitor and obtain independant legal advice

If you are being questioned or detained in resepct of an alledged offence you have a right of access to a solicitor. The access of accused persons to a lawyer is integral to the workings of our criminal justice system.
Solicitors at Garda stations play a crucial role in advising and providing active defence: preventing miscarriages of justice, ensuring an equality of arms, protecting the right to silence and providing support for vulnerable suspects.
fa fa-gearIf you are detained or are requested to attend an interview it is of the utmost importance that you should not offer any information or provide any response to questions until you have spoken to a solicitor.

To Find out more about your rights in a Garda Station Interview click on the tab below.

Right To Remain Silent

One of the fundamental concepts for the Irish legal system is that a defendant is innocent until proven guilty beyond all reasonable doubt. It is the duty of the Director of Public Prosections to provide evidence of the defendant’s guilt.

The Right to Remain Silent exists as a consequence of this and plays and is one of the corner stones of Criminal Justice.

The defendant does not have to prove or disprove facts during a trial or interrogation. The accused is not required to answer any question, confirm any statement, nor testify in a trial at all.

You may have come across The Right to Remain silent depicted in popular American media in typical scenarios such as whereby the local sherif pulls over a suspicious vehicle and forms the view that a certain offence has been committed and utters the following well known statement:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

In America the above statement is called a ‘Miranda Warning’, however in Ireland this statement is referred to as a ‘Caution’ and omits the right to a lawyer.

“You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence.”

From the above statement you will see that the ‘right to remain silent’ is given effect by virtue of the phrase “you are not oblidged to say anything”. A caution must be administered in respect of any statement the Gardai intend to rely against you at ANY STAGE in the criminal process before the courts.
Your rights and duties regarding the Right to Remain Silent may be confusing, especially during a stressful time such as entering an interview with the Gardai or at your trial. We are available 24 hours a day, 7 days a week to support you with criminal legal advice, and will help you reach the best possible outcome for your case

The Presumtion of Innocence – You Are Presumed Innocent!

If you are charged of an offence you have the benefit of the presumption of innocence which means that you are innocent until proven guilty. The presumption of innocence is possibly one of the most remarkable legal concepts, it is an ancient conept and has stood the test of time to present day.
Although not specifically stated in our constition, this concept is implicitly given effect under Article 31.1 that “no person shall be tried on any criminal charge save in due course of law”.
The presumtion of innocence is now well established under European Law, it is a key element at the heart of fair trial rights protection under Article 6 of the European Convention of Human Rights (‘ECHR’).

Can I Qualify for Legal Aid

Click the link below to speak to a member of our team to assess your eligibility for Legal Aid.

Private Fees

If you do not meet the criteria for Legal Aid, we offer a private service, please click the button below to speak to a member of our team regarding our private fees.

Consultation

If you have been charged with a criminal offence and require advice, we offer office and remote consultations. Book online by filling out the contact form below.

Legal Aid

In Ireland people who are accused of a crime may apply for a lawyer to represent them under the Free Legal Aid Scheme.
In Ireland the vast majority of Criminal solicitors represent clients under the criminal Legal Aid Scheme.
The criteria of whether an accused person is entitled to legal aid is based on there earnings.

THE COURT WILL TAKE A NUMBER OF FACTORS WHEN DETERMINING WHETHER YOU MAY BE GRANTED LEGAL AID.

Your income,
Your outgoings such as utilities, rent, mortage.
The number of dependants
nature of the offence which you are charged with
Your Assets

This information is presented to the Court on a Statement of Means.

It is an offence knowingly to make a false statement or representation in relation to the means of applying for a legal aid certificate