24-hour solicitor advice: 01 5394747 (Free Legal Aid Available)

Garda station attendance

Asked to attend at a Garda station interview?

If so, you need to consult with a solicitor who has considerable experience dealing with the complexities involved in police questioning.
​
Phelim O'Neill has been attending Garda station interviews with people wrongly accused of crimes, since 2014. An expert in his chosen field of criminal defence law, Phelim will ensure your rights are respected when you are speaking to Gardai. 

If you have been asked by a member of An Garda Siochana to attend on voluntary basis to be interviewed or for the purpose of arrest, you will be treated as a suspect. 

Your innocence is no guarantee that you won’t leave a Garda station in a worse position than when you arrived. 
​

Phelim O'Neill - B.A., LL.B., LL.M. Solicitor

Never attend at a Garda Station interview without your solicitor present.  Phelim O'Neill is one of Ireland's leading Garda Station Practitioners and is available 24/7

​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:

1. Say nothing until you speak with Phelim O'Neill Solicitors.
2. Ring us immediately on our 24-hour number: 083 080 6056.
3. We will explain what is going to happen next, step by step, and we will agree a plan of action.
4. Depending on your circumstances, we will arrange to have in-person consultation (this may be at the Garda station, our offices, or another mutually agreed location).
5. Remember you're in safe hands with us.

​

Example of a Garda station cell

Why you should never speak to the police

While 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 article

You 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

• Nobody else, including the Gardai, can force you take, or keep, a solicitor with whom you are not happy. 
• You are not obliged to accept the services of a nominated solicitor. 
• You are not obliged to accept the solicitor that the Gardaí are recommending.  You are not obliged to keep a solicitor who has previously acted for you.  

You have the right to remain silent  & not answer questions

• ​You do not have to answer any question put to you by Gardai, even if you have been arrested.
• Anything you do say, can be used against you, so, you must be extremely careful when speaking to Gardai.
• In most circumstances no adverse inference can be drawn from your silence and in the limited circumstances where such inferences can be drawn you must consult with a solicitor before answering questions.

You are innocent unless proven guilty

• You are entitled to the presumption of innocence.
• Just because Gardai treat you like you have committed an offence, doesn't make it so. 
• ​Just because you have been accused of a crime, does not effect your right to the presumption of innocence. 

Call Now: 086 838 6296

Important to know:

​You are entitled to the solicitor of your choice.  If you are not happy with the services of the solicitor being offered to you by the Gardaí or by anybody else, you can change to a solicitor who is in your corner.  Phelim O’Neill Solicitors don’t act for the State.  Phelim O’Neill Solicitors don’t prosecute. Phelim O’Neill Solicitors are exclusively defence solicitors.  
​