I am terribly worried about my son. He is not himself and has got in with the wrong crowd. I would like to know what his rights would be if he gets arrested.
I am not working and cannot afford a solicitor. Would he get free legal aid?
Thank you for your letter. If one is arrested the Garda must tell you that you are under arrest and the reason why. It is likely that you will be taken to a Garda station. You have the right to contact a solicitor and a family member/friend.
If you are arrested for questioning only you can be detained under certain laws. The time limits depend on the nature of the offence. This is often up to 24 hours, but for serious offences (e.g. drugs, terrorism) it can be extended to up to 7 days with proper authorisation.
If you are arrested and charged with an offence you must be brought before a District Court as soon as reasonably possible (usually within 24 hours).
You have the right to free legal aid in certain circumstances when you are charged with a criminal offence and cannot afford a solicitor. The court will decide if you qualify, based on your income and financial situation and the seriousness of the offence (you must be at risk of a prison sentence). If granted, the State pays for your solicitor and sometimes a barrister.
During Garda questioning, you have the right to:
- Consult a solicitor before questioning (in private).
- Have a solicitor present during questioning.
- Remain silent (though in some cases, failing to answer certain questions could be
used as evidence). - Be treated with dignity and respect.
- Access to food, water, rest, and medical care if needed
Interviews are normally audio or video recorded for accountability.