Being asked to attend a Garda station for interview — whether arrested or attending voluntarily — is a serious situation. What you say, and what you do not say, can have significant consequences. Your right to a solicitor is absolute. Exercise it.
Under Irish law, you have an absolute right to consult with a solicitor before being interviewed by the Gardaí — whether you have been arrested or are attending voluntarily. The Gardaí must inform you of this right and must facilitate access to a solicitor before interview commences if you request one.
If you are arrested and detained, you are entitled to have a solicitor present during the interview. The interview cannot lawfully proceed until you have had a reasonable opportunity to consult with your solicitor.
You also have the right to silence — you are not obliged to answer questions. However, in certain serious offences, adverse inferences can be drawn from a failure to answer specific questions. This is a complex area of law — your solicitor will advise you on exactly what you should and should not say in your specific situation.
Do not answer substantive questions before speaking to a solicitor, even if you believe you have done nothing wrong.
Many people attend Garda stations voluntarily, believing that because they have not been arrested they have fewer rights or that asking for a solicitor makes them look guilty. This is not correct. You have the same right to a solicitor whether you are arrested or attending voluntarily. Asking for a solicitor before interview is always the right decision.
Aoibhe received a phone call from her local Garda station saying they would like to speak to her about a matter she might be able to help with. The Garda was friendly and made it sound informal — just a conversation, nothing to worry about.
Aoibhe mentioned it to a friend who strongly advised her to contact a solicitor first. Aoibhe called the solicitor expecting to be told she was overreacting.
The solicitor asked what the matter related to. It turned out it concerned a financial dispute involving a former employer who had made allegations. The solicitor attended the station with Aoibhe. Before the interview began, the solicitor consulted privately with Aoibhe and advised her on which questions she should answer and which she should decline to answer on the basis that the answers could be used against her in subsequent proceedings.
No charges were brought. Her solicitor believed that answers given without legal advice could have provided evidence that would have strengthened any prosecution.
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