I am sure that we have all seen those police raids on the television when they break down the front door and burst in on people who are still in their beds. That is the more extreme way of being arrested in the UK, and I doubt that it will ever happen to most of us. However, there is a chance that we could be arrested. Although most people only consider contacting a solicitor when they want to buy a house or write their will, finding one who specialises in criminal law is really important if you are arrested by the police. The law is very complicated and you need someone who can help you navigate through it.
Of course, dawn raids are quite rare and most people who are interviewed by the police are either arrested at a crime scene, or are invited to attend the police station under caution. This is the point at which you should contact a criminal solicitor. It is important that you get advice before you attend the police station because your actions and decisions could have a long lasting effect on your case if it goes to court. Your solicitor will probably advise you not to say anything, or answer any questions until they can be present. If you do not know a solicitor, or are worried about the cost, don't worry. Anyone accused of a crime is entitled to free legal advice from a solicitor.
On arrival to the police station, your solicitor will be given the police's accusations and the evidence they have to support them. This is known as disclosure. Then they will be allowed to speak to you about the allegations. This conversation is entirely confidential and may not be overheard by the police. The solicitor will be able to advise you as to what questions you should answer. In fact, you do not have to answer any of the interview questions, but it might harm your defence if you do not. After the interview with the police is over, you might be bailed, summonsed, charged, or there will be no further action taken. Depending on how the police decide to proceed, the solicitor will be able to advise you about your course of action.
In Scotland, the main criminal court is the Sheriff Court. They tend to deal with most of the lesser crimes. The Sheriff Court has two kinds of trial: The Solemn hearing, which deals with crimes like burglary and assault, and the Summary hearing which deals with quite minor crimes like traffic offences. In a Solemn trial, the Sheriff will hear the case with a jury of fifteen people. This trial is quite like the one you would see in the High Court. Depending on the charge, your solicitor will be able to advise you what to expect. Your case may be sent to the High Court straight away, or the case may be adjourned for the defence and prosecutions to prepare their cases. Alternatively, it could be dealt with there and then, especially if you decide to plead guilty. If you plead guilty, you could hope to receive a more lenient sentence. In a summary case, the case will be heard by the sheriff on his own. In both cases you may be able to claim legal aid. Your solicitor will be able to advise you on this.
If it is a serious charge, your case could be sent to the high court straight away. In the High Court, your case will be heard by a judge and fifteen jurors. The prosecution will always present their evidence first and then your defence barrister will be able to respond to the allegations and present his evidence of your innocence. The judge will then give a summary of both sides to the jury and perhaps guide them as to what verdicts they should consider. Normally a unanimous verdict is called for, but if the jury cannot agree, then often a majority verdict will be accepted. If you are unfortunate enough to be found guilty, your barrister may present mitigating evidence about your circumstances to try to get a lesser sentence for you.
Of course your solicitor and barrister will always try to give you the best advice possible. The law can be a minefield and it is always best to contact your legal advisor sooner rather than later, not least because how you respond to police questioning right at the start can effect the outcome of the trial.
Of course, dawn raids are quite rare and most people who are interviewed by the police are either arrested at a crime scene, or are invited to attend the police station under caution. This is the point at which you should contact a criminal solicitor. It is important that you get advice before you attend the police station because your actions and decisions could have a long lasting effect on your case if it goes to court. Your solicitor will probably advise you not to say anything, or answer any questions until they can be present. If you do not know a solicitor, or are worried about the cost, don't worry. Anyone accused of a crime is entitled to free legal advice from a solicitor.
On arrival to the police station, your solicitor will be given the police's accusations and the evidence they have to support them. This is known as disclosure. Then they will be allowed to speak to you about the allegations. This conversation is entirely confidential and may not be overheard by the police. The solicitor will be able to advise you as to what questions you should answer. In fact, you do not have to answer any of the interview questions, but it might harm your defence if you do not. After the interview with the police is over, you might be bailed, summonsed, charged, or there will be no further action taken. Depending on how the police decide to proceed, the solicitor will be able to advise you about your course of action.
In Scotland, the main criminal court is the Sheriff Court. They tend to deal with most of the lesser crimes. The Sheriff Court has two kinds of trial: The Solemn hearing, which deals with crimes like burglary and assault, and the Summary hearing which deals with quite minor crimes like traffic offences. In a Solemn trial, the Sheriff will hear the case with a jury of fifteen people. This trial is quite like the one you would see in the High Court. Depending on the charge, your solicitor will be able to advise you what to expect. Your case may be sent to the High Court straight away, or the case may be adjourned for the defence and prosecutions to prepare their cases. Alternatively, it could be dealt with there and then, especially if you decide to plead guilty. If you plead guilty, you could hope to receive a more lenient sentence. In a summary case, the case will be heard by the sheriff on his own. In both cases you may be able to claim legal aid. Your solicitor will be able to advise you on this.
If it is a serious charge, your case could be sent to the high court straight away. In the High Court, your case will be heard by a judge and fifteen jurors. The prosecution will always present their evidence first and then your defence barrister will be able to respond to the allegations and present his evidence of your innocence. The judge will then give a summary of both sides to the jury and perhaps guide them as to what verdicts they should consider. Normally a unanimous verdict is called for, but if the jury cannot agree, then often a majority verdict will be accepted. If you are unfortunate enough to be found guilty, your barrister may present mitigating evidence about your circumstances to try to get a lesser sentence for you.
Of course your solicitor and barrister will always try to give you the best advice possible. The law can be a minefield and it is always best to contact your legal advisor sooner rather than later, not least because how you respond to police questioning right at the start can effect the outcome of the trial.
About the Author:
Are you looking for the best way to find the best Glasgow solicitors? Then visit bestglasgowsolicitors.com to get the best advice on finding the right solicitors in Glasgow for your needs. There are so many specialist areas of law and choosing a lawyer who is not an expert in your kind of case could cost you your money.
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