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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10593
Experience:  Barrister 17 years experience
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The Gardai are currently looking to speak to me regarding a

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The Gardai are currently looking to speak to me regarding a fraud case. I committed the crime against a previous employer where I cashed blank cheques to the value of almost €20k over a period of approx 2 years. When my employer discovered what I had done I admitted it. They gave me 2 weeks to repay the amount and assured me that if I repaid within that time they would not go to the gardai. After this happened I left Ireland and moved to
Uk. This is almost 2 years ago and only this week I found out they have decided that they want to press charges. I got a message from family to ring the guards so I did. I told them I was no longer residing in the country and they advised that they want to talk to me in connection to this case. I did not give them my contact information. I have decided that I am not going to face police, I have a new and happy life with everything to lose and nothing to gain. My questions are can they issue a warrant for my arrest if I don't return to Ireland to make a statement and if I run from this for how long will the gardai look for me? Will they be looking for me forever or is there a period of time that they have before the case lapses. Also if I returned to Ireland can they trace my passport and catch me at airport? Does the fact that no money is outstanding make it any less serious?

Buachaill : 1. At the outset, you need to realise that there is no such thing as a Statute of Limitations or time limit on criminal offences. Accordingly, you can be prosecuted in relation to the fraud on the cheques even if a number of years have elapsed. Secondly, a warrant can be issued for your arrest at any stage. HOwever, you are not obliged to say anything should you be detained. Thirdly, the fact your employer said they would not take it any further at the time, does not prevent criminal charges being brought subsequently. Fourthly, if there is a warrant out for your arrest, then it will be noted and you will be arrested by Gardai at the airport if they check your passport. Fifthly, the fact there is no money outstanding means that you will most likely get a suspended sentence for what has happened. Normally this would be for a period of two years with you bound to good behaviour for that period.
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Customer: replied 4 years ago.
How will i know if a warrant has been issued for my arrest and can the gardai only arrest me if they find me in Ireland. If i never ever return is there anything they can do to me?
2. There is no definitive way in which you will know that a warrant has been issued for your arrest unless you hear of the Gardai seeking you out at your former address in Ireland. However, this normally happens once you do not turn up and make a statement. Normally one follows the other, as the Gardai don't waste time before getting a warrant. Secondly, so long as you are in England, the Gardai will actually have to charge you with an offence before anything further will happen. However, if you charged with an offence and it is known that you are in England, there is a short form European Arrest Warrant procedure which applies whereby you can be "extradited" from England. However, I would advise you to deal with the matter before it gets to that stage as then you will have to explain to everyone in England such as your employer, as to why you are getting arrested and removed from the country.
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