Solicitors

Immediately seek legal representation. Engaging a professional with the expertise that you need and who will guide you through every step could result in a marked and crucial difference in the outcome of your case. See our section on police station representation and solicitors 

When you are arrested you have a legal right, free of charge to legal representation and consultation whilst at the Police Station for the purpose of interview.

If you have had involvement with the Police before or for other reasons you know which Criminal Defence Solicitors firm you wish to use then you can request this firm of solicitors to the duty sergeant whilst you are been booked into custody.

If you are attending the station for a voluntary interview then you can co-ordinate yourself with this firm to ensure that they have a representative meet you at the police station.

If you are choosing your own firm of solicitors and you are wanting the free service it is important to be clear that they offer legal aid. If they do not offer legal aid then you will be required to pay for their attendance at the police station.

A WORD OF WARNING:

Whilst some very expensive firms don’t offer legal aid it does not necessarily mean that they are good.
In some of the major cities whilst this may be the case there could be other reasons why they do not hold a Legal Aid Contract.
In order to be a legal aid solicitor (and thus offer free services) there are a huge amount of hoops the firm must jump through. All of the hoops require investment in staff, training and compliance to ensure that they meet a minimum standard. We feel that questions must be asked if a firm does not hold a Legal Aid Contract.

Even some of the best firms hold the contract. The reason being that it is a way of getting new cases. Whilst police station representation is free to all this is not the case if charged.
By been prepared to attend police stations on legal aid they have a good chance of picking up cases where the accused is charged but not entitled to legal aid.
It therefore makes good business sense to us that even the best firms would invest to obtain the contract in order to pick up the lucrative private work later.

This is the reason lots of questions need to be asked of firms that do not hold Legal Aid Contracts.

If you do not know any specific solicitors then it is important that you request the duty solicitor. It is a very dangerous move to go into interview without representation and in our view a very careless one given the simple fact that it is free.

If you choose the duty solicitor the Police have no say in who that solicitor will be. They will contact the duty solicitor.

In all areas the schedule for duty solicitors are published online. Here is the direct link to the very rota, have a look. Good or bad you will likely find your solicitor in there somewhere : https://drive.google.com/drive/mobile/folders/1vmsZ8irhy78PLI4MYkEEy7PogBRtT0oE?usp=sharing

If you go for the duty solicitor you will get whoever it is on the duty rota for that date and time at that location.

Following the interview that is the service provided and concluded. You are not tied to this solicitors firm going forward. If you were not happy with them then you should start researching solicitors in your area who offer legal aid.

There is no harm in contacting your new chosen firm and giving them the run down on what has happened. They will likely take your details down, probably contact the officer in the case and advise them that they will represent you for any further actions.

HOWEVER, that will be about all that they can do for you.

Between interview and a charging decision there is no legal aid.

If you want a solicitor to do something for you such as make enquiries, make further representation to the police etc in order to try and bring the investigation to a swift end then you need to pay for this service.
Often it is referred to as “Pre Charge Representation”. Not all solicitors are good, or even keen to do it but it is a possible route that can bring about great results.

If you then go on to be re-interviewed legal aid will be available for the re-interview and representation at it.

Again after the re-interview there is no legal aid.

If a decision is then made for you to be charged you then legal aid kicks in again for those who qualify (at this stage it becomes means tested).

Remember to check out our website (www.accused.me.uk). Much of our advice is on there to read through at leisure. If you have any questions or suggestions then please do use the contact us page.

Begin compiling evidence as soon as possible. Many find the process therapeutic. 

Keep notes of every tiny detail that occurs to you. Note times and dates of everything. 

Develop a timeline for what happened when you have details of the accusation. Look for evidence of your whereabouts and your accuser’s whereabouts. 

Save letters, record telephone calls and even conversations with your False Accuser or people harassing you – even the police. Try to get hard copies of all information – encourage mail or email communications rather than telephone. Give a copy of everything to someone you trust – and your solicitor. In the remote chance of an accuser or a member of their family contacting you by phone – be ready and record the conversation – there is a smartphone app that enables this. 

Copy all electronic media. Save all text messages. Download all your Facebook activity and other Social Media. Facebook saves messages even if you’re ‘unfriended’. Take screenshots. Monitor Social Media activity of your accuser and their friends (without communicating with them). Take screenshots. 

A Solicitor would greatly benefit from a chronology of your relationship with the Complaint emphasising when and why you fell out, any reason for the timing of the allegation and motive for any false allegation. Provide evidence if you can. Evidence showing a friendly relationship after the alleged incident (s) such as messages or photographs are very helpful.

You should not enter the interview without a solicitor nor discuss any aspect of the case with the Police. Whilst silence maybe awkward it is the best thing for you. Beyond confirming your identity and any communication regarding your welfare (or the immediate welfare of others that you may have responsibility for).
Ensure the interviewing officer (or custody sergeant) is aware that you want a solicitor. If you don’t have a solicitor already lined up request the duty solicitor.
The police will want to put questions to you regarding the allegations.
Before you go into the interview you will have a conference with your solicitor. He/She may have obtained from the Police some information. You will discuss what you do and do not know about the allegations. The solicitor will then tell you the best advice for the situation.
No Comment – The solicitor may advise you to answer all questions as “no comment”.
Answer questions – They may advise to answer all questions honestly and to the best of your ability.
Prepared Statement – The solicitor may advise that a prepared statement is the way to go. They will help you with this. However, it maybe that they initially advise to answer “no comment” but then stop the interview to go away and prepare a statement.
The key is to stay calm and follow the advice of your solicitor. If your solicitor interrupts you from answering something stop talking immediately. There will be a reason to their actions.

NOW!!!!! The sooner you start this the better. As soon as you know there is an accusation against you. Make a time line of your history with the party accusing you. Secure by means of download and screenshots anything that may assist your defence. Do not delete anything from your devices doing so, if your phones end up been seized may look suspicious. Keep any evidence you gather in a safe place. We do advise with a trusted person in a different residence. Alternatively in cloud storage is good. You can turn the sign in credentials over to your solicitor. You could also email a copy to yourself. Simply put keep the evidence safe as you may come to depend on it.

Most people do not fully understand their rights or how to approach questioning. For many this will be the first involvement with law enforcement. Without expert assistance, something could be said or done that negatively affects your case. They will guide you through the process and make sure you understand everything. They will guide you to making decisions about if you should or should not answer questions. How to answer them is also important. Your solicitor will also be able to make representations to the police that may well be crucial in the outcome of the case.

It is rare for people to be fully aware of their rights. Without expert assistance, something could be said or done that negatively affects your case. A professional will guide you through the interview process so that you are informed in respect of making decisions about if you should answer questions and how to answer them. Having a legal professional with you at the police station also enables them to make representations early on to the police concerning bail and have the skill to negotiate the early resolution of your case where possible.