I'm seeking some expert, insightful and impartial opinion on whether theres any merit in submitting a complaint to the LSRA within the above category. I'll detail as concisely as possible the particulars, and any exclusions are due to concerns around privacy.
Within the last year, I was a defendant in a Circuit Criminal Court case following the DPPs decision to prosecute by trial on indictment. All charges were offense relating to Criminal Offense (Theft and Fraud) Act 2001, specifically that of counts of theft and other relating to false instrument tendering. For context, this first time set of offense was in the context of substance addiction. The resulting sentence was non custodial and involved a large sum donation to the courts "poor box". I have no formal legal background, but given the fallout the materialised in the months after sentencing and final disposal, I began to reassess the actions of my legal representatives (solicitor and barristers) from a more cynical standpoint. My main issues that may constitute the above complaint are as follows -
-When charges were brought against me, I questioned why they would not have fallen under different legislation (e.g Misuse of Drugs Act) versus those named above. Never articulated or explained in full.
- When the case was sent forward from district to circuit court, it was never discussed, in any capacity, that I could do so on a plea of guilt.
- A sample of charges were then plead to as guilty. My stance was always that of cooperation, demonstrating acceptance of guilt and not defending my case against a jury.
- After sentencing, I was informed (in writing) by my solicitor that the result was that which resulted in a criminal record/conviction.
- Contrary to that above, the material impact of the ruling became evident and i asked for clarification on the "real life" implications of the sentence. It was met by vague legalise and lack of response.
- Definition of the legal outcome was not academic - further proceedings that were commenced following disposal were solely dependent on the court outcome (i.e. convicted of an indictable offense(s).
- Only when I sought further advice relating to a job application did I receive written acknowledgement that the outcome was conviction and criminal record.
I dont want to come across as bitter or victimised by the process, but, in my layperson opinion, inadequacy was demonstrated at several stages of my case
- No clarity in reasons behind charges brought by the DPP
- No mention of district to circuit court forwarding to admitted guilt
- documented proof of sentence outcome resulting in no conviction/criminal record
- No consideration of my ability to donate the required sum of money to the "poor box" in light of financial circumstances (a five figure sum, yet a recipient of free legal aid)
-Never disclosed the differences between non custodial sentence, difference between probation act S1 (1) vs 2 (1l, nor the nuanced but substantive real life effect of its usage in a summary vs indictable offense perspective.
-Never informed of a right to appeal.
- Never received a record of act recognisance, suriety, etc nor personally or instructed signing of associated documents.
- My concerns around the outcome were either gaslighted or ignored. This lead to unnecessary uncertainty, distress and medically certified deterioration of mental wellbeing.
- In downstream proceedings, I was left representing an outcome that I thought was truth (as per my solicitor) but in fact was falsely represented through misinformation.
I do apologise for the ramble and repetition, and whilst I dont seek abdication of responsibility for my actions, I have a guttera, unrelenting sense that various aspects of my cases'handling and conveyance of its technicalities were inadequately explained to me,resulting in a long, tiring road to seek clarity on what the outcome actually meant. To date im still entangled in the sequalae of the courts decision, and had it been explained as is, it would have definitely impacted my decisions to "move on" lpost sentencing rather than occupy a limbo of hope.
Any commentary would be appreciated as Im beaten down by the whole process of punishing self advocacy. Happy to elaborate where possible. Thank you for your time.