Investigation bias
Investigation bias is a real and it is dangerous. An Garda Síochána, like every other police force, regularly fall foul of investigation bias. This happens when an investigating Garda is convinced that you committed the crime and despite your innocence will remain convinced of your guilt. When investigation bias is present, anything you say in the course of an interrogation can be misinterpreted and corrupted to shore up the case against you and your repeated protest of innocence might fall on deaf ears. People say if you’re telling the truth you have nothing to hide and nothing to fear. They are wrong. You have everything to fear. In Ireland you can be convicted of the most serious offences including, for example, rape and sexual assault, on just the words of another. The truth may set you free but not in a Garda Station! You have a constitutional right to be presumed innocent. It is up to the State to prove the case. Questions asked in police interviews are simply designed to get the suspect to corroborate material facts and your repeated denials will have no effect on whether or not you are prosecuted. You have a right to silence. This right is a constitutional right, only in the most extreme circumstances can the exercise of this right amount to admissible evidence. The Guards don’t decide your guilt or innocence, that’s for the jury. Every Garda station interview is different. Sometimes you will benefit from getting your side of the story out, but in what manner and when is crucial. You need a solicitor by your side to navigate these dangerous waters. |
What to do:
Before speaking to Gardai, you must get expert legal advice.
If you have been contacted by Gardai to give a statement, do the following:
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Why you should never speak to the policeWhile the above video is based on the USA's legal system, many of the principles are applicable to the Irish legal system, too.
You'll note from the examples, that even totally innocent people can say things in police stations, that they later regret. Good to know:
It doesn't matter if the accusation against you is one of a historical nature or in respect of something that happened (or didn't happen, as the case may be) more recently, Gardai will probably seek to question the accused in a Garda station. If this happens, you need to contact us, without delay. |
Before speaking to Gardai, read this articleYou should never speak to Gardai without first having consulted your solicitor. Under no circumstances should you attend at a Garda Station, on a voluntary basis, to give an statement to gardai or be interviewed, without consulting a criminal defence solicitor. You have a right to have a solicitor present and in most circumstances, you should not attend a Garda Station without a solicitor.
If you are concerned that you will be arrested and questioned, or someone you know has been arrested, call us on (083) 080 6056, immediately, for advice. You are not obliged to say anything to Gardai before your solicitor is present. You have the right to remain silent. If you request a solicitor, An Garda Síochána have a legal duty to await the arrival of your solicitor. Even if the Gardai start an interview without your solicitor, you have the right to refuse to answer any questions until they arrives. You might be told that your demand will delay or extend your detention, but what they won’t tell you is that if you go ahead with the interview, without your solicitor, is that they will probably extend your detention anyway. Without the right advice, without the right solicitor, even if you are innocent, you could harm your defence and risk putting yourself in a worse position further down the line. If someone has accused you (or someone you care about) of a crime, no matter how trivial the accusation may appear, the guards are going to want to talk to speak to you and to every other person who has been accused. In the past, we have had clients attend Garda stations under the impression that they are simply providing a witness statement, only to realise they are a suspect. Don’t take anything for granted. Get legal advice. Ask a solicitor who knows what they are talking about. Call us today! |
You have the right to the solicitor of your choice
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You have the right to remain silent & not answer questions
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You are innocent unless proven guilty
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24/7 Emergency Garda Station Advice Line -
086 8386296 0r 01 5394747 |
About Garda Station InterviewsIf you are attending a Garda station to give a statement or to be interviewed, You require a solicitor. Regardless of your innocence or guilt, it is important that you have a solicitor present to ensure your rights are protected. Garda Stations can be hostile and intimidating. Most people have never been arrested. An arrest is a terrifying experience. It is frightening and isolating. The whole process of arrest and detention for 6 hours, 12 hours, 24 hours and in some cases for longer will place you under maximum psychological and emotional pressure. The Gardai may make you feel like you have to say something that you do not want to say. You do not have to say anything, even if you have been arrested, it is your legal and constitutional right to say "no comment" to every question, even to questions that appear innocuous.
Our solicitors will attend with you at any Garda Station in Ireland, and ensure that your rights are protected |
Our Garda Interview Solicitors
Phelim O'Neill has extensive experience in all areas of Irish criminal law, including District Court representation, as well as trial work in the Circuit Criminal Court, the Central Criminal Court, the Special Criminal Court, and the Court of Criminal Appeal.
Phelim has offices in Dublin and the Midlands, and serves courts all across Ireland with a team of Ireland's leading barristers. |
Practice areas and services |
information you need before giving a statement to the guardsIf An Garda Síochána want you to attend at a Garda station for them to speak to you, it's probably because you have been accused of being involved in a crime, in some way. Gardai will only take statements from people when investigating a potential crime. They may be trying to ascertain if the information they have gathered is true, in full or in part, so, if they want to speak to you, in a Garda station, you have been linked to a crime in some way. They can ask you to attend voluntarily at a Garda station, to give a statement or be interviewed, even if you are a suspect. It is vital that you obtain legal advice in advance of speaking to the Guards or giving them any statement.
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Free Legal ConsultationWe offer a Free Consultation by phone to discuss your needs for a criminal defence solicitor. We will discuss your case in full confidentiality and provide advice on how best to proceed. This a no-commitment consultation. We'll be able assess your eligibility for free legal aid during this consultation, also.
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Client/Solicitor DISCLAIMERYou should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Phelim O'Neill Solicitors or the firm Harringtons and you until you have received a written letter of engagement confirming our appointment as your Solicitors. |
Professional Membership |