legal question
Discussion
Hi all, my daughter was arrested and the duty solicitor advised her to go no comment during her interview, however she has been released on bail and he advises she now goes to the police station and give a witness statement. She is a minor and I am unable to contact the solicitor who dealt with her. Is this normal?
Thanks in advance
Dan
Thanks in advance
Dan
danwins said:
Hi all, my daughter was arrested and the duty solicitor advised her to go no comment during her interview, however she has been released on bail and he advises she now goes to the police station and give a witness statement. She is a minor and I am unable to contact the solicitor who dealt with her. Is this normal?
Thanks in advance
Dan
It depends. Thanks in advance
Dan
The best person to give legal advice to your daughter is her solicitor.
She should contact her solicitor.
danwins said:
Its still an active investigation, so obviously cant go into details, but a crime was committed by a 3rd party that my daughter was unaware of, however due to the uncertain circumstances surrounding it, the police had no option but to arrest both her and the 3rd party.
You need to speak to a solicitor, just phone the company the duty solicitor worked for and ask for them to contact you. An appointment for a witness statement isn't ordinarily time critical so doesn't matter if it needs to be out off for a bit whilst you double check exactly what the crack is.They may now wish to use her as a witness rather than a suspect, is your daughter a juvenile and if so we're you the appropriate adult?
Edited by Greendubber on Saturday 18th December 13:48
Greendubber said:
They may now wish to use her as a witness rather than a suspect, is your daughter a juvenile and if so we're you the appropriate adult?
Yes she is a juvenile but the police said a relative couldn't be the appropriate adult due to the circumstances but a member of the social services team did it.danwins said:
Yes she is a juvenile but the police said a relative couldn't be the appropriate adult due to the circumstances but a member of the social services team did it.
Ah OK. I'm sure if you contact the firm the solicitor that dealt with your daughter works for they'll be able to sort you out. Unfortunately it's the weekend, then it's Christmas so probably the slowest least convenient time of year when you want to get something sorted out quickly. Hopefully they can give a bit of advice over the phone so at least you have something to go on. Good luck.
if you are involved with something, don't talk to the police.
If you aren't involved with something, don't talk to the police.
You will never talk your way out of something you didn't do. I would be keeping my mouth firmly shut.
Everyone should watch
https://www.youtube.com/watch?v=d-7o9xYp7eE&t=...
Not really answering my original question, a few points though,
1) I agree with your first 2 statements.
2) My daughter is not trying to talk herself out of ANYTHING.
3) You cant really compare British law with American law.
However, although I was unable to talk to the duty solicitor, I have now got a local one to represent her. When I asked him the question, he said its fairly normal in these circumstances. He explained it as, if you give a statement after being arrested, that statement can be used against you, however, giving a witness statement the prosecution will use that against the 3rd party. He did say that she shouldn't do one unless he was there and has spoken to her first.
Thanks for all the comments they were really appreciated
Dan
1) I agree with your first 2 statements.
2) My daughter is not trying to talk herself out of ANYTHING.
3) You cant really compare British law with American law.
However, although I was unable to talk to the duty solicitor, I have now got a local one to represent her. When I asked him the question, he said its fairly normal in these circumstances. He explained it as, if you give a statement after being arrested, that statement can be used against you, however, giving a witness statement the prosecution will use that against the 3rd party. He did say that she shouldn't do one unless he was there and has spoken to her first.
Thanks for all the comments they were really appreciated
Dan
danwins said:
Not really answering my original question, a few points though,
1) I agree with your first 2 statements.
2) My daughter is not trying to talk herself out of ANYTHING.
3) You cant really compare British law with American law.
However, although I was unable to talk to the duty solicitor, I have now got a local one to represent her. When I asked him the question, he said its fairly normal in these circumstances. He explained it as, if you give a statement after being arrested, that statement can be used against you, however, giving a witness statement the prosecution will use that against the 3rd party. He did say that she shouldn't do one unless he was there and has spoken to her first.
Thanks for all the comments they were really appreciated
Dan
As I understand it, you can generally talk about the circumstances and situation without creating any future issue. As long as you keep it general and don't name people, etc.1) I agree with your first 2 statements.
2) My daughter is not trying to talk herself out of ANYTHING.
3) You cant really compare British law with American law.
However, although I was unable to talk to the duty solicitor, I have now got a local one to represent her. When I asked him the question, he said its fairly normal in these circumstances. He explained it as, if you give a statement after being arrested, that statement can be used against you, however, giving a witness statement the prosecution will use that against the 3rd party. He did say that she shouldn't do one unless he was there and has spoken to her first.
Thanks for all the comments they were really appreciated
Dan
There are a few lawyers on this forum who may give guidance.
(I am not a lawyer, but other lawyers have posted this advice)
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