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Two Legal Aid Solicitors in Ireland working at a desk

Legal Aid Solicitors in Ireland

If you have been charged with an offence and are worried you cannot afford a solicitor, criminal legal aid may cover the full cost of your defence. Legal aid is granted by the court, not by a solicitor. If the judge grants it, you pay nothing. O'Sullivan Kenny Solicitors accepts criminal legal aid, and our legal aid solicitors appear in courts across Dublin, Galway and Mayo.

​​Or call our 24/7 line on +353 (1) 4444 813 before your court date.

What is criminal legal aid?

Criminal legal aid is free legal representation paid for by the State under the Criminal Justice (Legal Aid) Act 1962. It applies to criminal cases, including road traffic charges that bring you before a court.

 

Criminal legal aid is different from civil legal aid. Civil legal aid is a separate scheme run by the Legal Aid Board, mainly for matters like family law and housing. It usually involves a financial contribution. Criminal legal aid is decided by the judge dealing with your case. If the judge grants it, you pay no contribution.

Do you qualify for legal aid?

The court looks at two things:

  1. whether you can afford your own solicitor

  2. how serious the charge is

 

You may be asked to complete a statement of means. This is a short form that sets out your income and family circumstances. There are no fixed income limits. Each judge decides each application on its own facts. As a general rule, the more serious the charge and the more likely a prison sentence, the stronger the case for granting legal aid.

 

Do not assume you will not qualify. Many people who think they earn too much are granted it anyway because the charge they face is serious. The only way to know is to apply.

Can you choose your own legal aid solicitor?

Yes, within limits. You can ask the judge to assign a solicitor who is on the criminal legal aid panel. If that solicitor is available, the judge will normally assign them.

 

That means you can ask for O'Sullivan Kenny Solicitors by name. If you contact us before your court date, we can talk you through the application, help you prepare your statement of means and apply for legal aid on your behalf.

Legal aid at the District Court

Most criminal and road traffic cases in Ireland start in the District Court. We represent clients at District Courts across Dublin, Galway and Mayo.

 

You can apply for legal aid at any District Court, usually on your first court date. Tell the judge you want to apply, or let us do it for you. Wherever your case is listed, contact us as early as you can. Court dates come around quickly and it helps to have your statement of means ready before you stand up.

 

Sitting dates and venue details for every District Court are published by the Courts Service at courts.ie.

If legal aid is not granted

Not every application succeeds. If legal aid is refused, we agree our fees with you before any work starts, so you know the cost in advance. For Road Traffic Offences, where legal aid is not granted, we have a fixed fee structure for District Court cases.

Arrested or held at a garda station?

If you are detained at a garda station, you may be entitled to free legal advice under the Garda Station Legal Advice Revised Scheme. This is separate from court legal aid.

Frequently asked questions

Is criminal legal aid free?

Yes. If the court grants criminal legal aid, the State pays for your legal representation and you make no contribution.

Who decides if I get legal aid?

The judge dealing with your case. The court considers your financial means and the seriousness of the charge. No solicitor can grant or promise legal aid.

Can I choose my own solicitor with legal aid?

You can ask the judge for any solicitor on the criminal legal aid panel. If that solicitor is available, the judge will normally assign them.

Can I get legal aid at my local District Court?

Yes. You can apply at any District Court in Ireland. The same rules apply everywhere: the judge looks at your means and the seriousness of the charge.

What if my legal aid application is refused?

You can raise it with the court again if your circumstances change. If legal aid is not granted, we agree fees with you in advance and offer fixed fees for District Court road traffic cases.

O'Sullivan Kenny Solicitors is regulated by the Law Society of Ireland.

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