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Thread: Pressing charges but you have a criminal conviction.

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    Default Pressing charges but you have a criminal conviction.

    Hi Folks,

    My friend is reluctant to press charges for a serious assault in which he received a smashed tibia. This occurred some seven weeks ago at his pals house. A slanging match developed between him and his friends house mate whereupon he received a punch to the face, he took his jacket off, squared up to this guy and then received a punch to the nose followed up by a powerful kick to his tibia just below the knee. He was very drunk at the time whereas this guy was sober and in control. His doc told him that the fracture could only have been caused by a high energy impact. This has convinced him to press charges but he is worried that his own past will come back to haunt him. I have told him that that this is a completely different scenario. His friend agreed to go witness for him and says he saw him strike him first. Surely the defence cannot use his past against if it went to court? Is there any legal eagles here that can offer any advice?

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    Politics.ie Member ManOfReason's Avatar
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    Unless his friend's money what is the point? If he has outstanding (potential) charges against himself why risk exposing himself to legal scrutiny just so his attacker might get a slap on the wrist.

    Giving up the booze might be the best lesson he can gain from this.
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    Politics.ie Member neiphin's Avatar
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    get new friends
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    Quote Originally Posted by neiphin View Post
    get new friends
    SNAP, you beat me to it
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    A drunk guest gets lippy to a sober person, resident in their own home and subsequently gets a thump. Not a good start irrespective of previous criminal convictions.

    Stupiditiy is not a crime, although I think it should be after a certain amount of 'stupidity' fails!

    Press charges by all means, his past should not come into it unless they are convictions for drunk & disorderly and violent behaviour...in which case your friend needs to admit to his behavioural issues and to get the help he needs.

    As MoR stated earlier, he should learn from this, give up the booze and grow up. And choose better people to be around.
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    Quote Originally Posted by EUrJokingMeRight View Post
    A drunk guest gets lippy to a sober person, resident in their own home and subsequently gets a thump. Not a good start irrespective of previous criminal convictions.

    Stupiditiy is not a crime, although I think it should be after a certain amount of 'stupidity' fails!

    Press charges by all means, his past should not come into it unless they are convictions for drunk & disorderly and violent behaviour...in which case your friend needs to admit to his behavioural issues and to get the help he needs.

    As MoR stated earlier, he should learn from this, give up the booze and grow up. And choose better people to be around.
    Good points but it was not his friend who carried it the assault it was his friend's house mate. By the way his friend has agreed to support my friend as witness!
    Last edited by greenbacks; 14th May 2013 at 11:19 PM.

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    Quote Originally Posted by greenbacks View Post
    Good points but it was not his friend who carried it the assault it was his friend's house mate.
    In a hostile situation did he expect the other lad to wait to get a slap first. Another sob story of scumbag activity going on every weekend in the country. Gets drunk and hostile and ends up getting a hiding. All I can say is HA HA HA HA

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    Politics.ie Member Eoin Coir's Avatar
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    What type of convictions has your friend ? If they were for assault and say the culprit put up a self defense stance, it would not be releavt.
    If it was a conviction for say minor drugs offences, it would not be relevant at all.

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    His friends housemate was in his own home. Not a good start.

    If as you say, the evidence will be that this was an unprovoked attack, then possibly your friend may bring it home. However, your friend's evidence will be unreliable, because he was drunk. I am wondering if your friend's friend was also drunk (just to make the case even harder!)?

    It looks far from a slam dunk to me. Having said that, I am a civil lawyer not a criminal one.

    D

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    Quote Originally Posted by Eoin Coir View Post
    What type of convictions has your friend ? If they were for assault and say the culprit put up a self defense stance, it would not be releavt.
    If it was a conviction for say minor drugs offences, it would not be relevant at all.

    His conviction was for dangerous driving about five yrs ago - he received a ban. This guy ( who assaulted my friend) is a confrontational guy and is always looking for arguments over anything. He has no friends and out of desperation tries to hang out with his much older house mates who always make excuses not to go out with him.

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