legal aid
Author
Discussion

dba7108

Original Poster:

675 posts

191 months

Tuesday 28th February 2023
quotequote all
Is legal aid still available. I am currently unemployed and my savings are pretty low. I own my own small house outright. I have been accused of a criminal crime I did not commit. Do certain solicitors take on legal aid criminal cases?


agtlaw

7,287 posts

229 months

Tuesday 28th February 2023
quotequote all
Some solicitors and barristers do legal aid cases.

Availability depends on the seriousness of the alleged offence and your financial circumstances.


dba7108

Original Poster:

675 posts

191 months

Tuesday 28th February 2023
quotequote all
OK, thank you for your reply.

I will phone a few local solicitors and find out more. Is there anyone in the West Midland's area you would recommend to use that specialises with legal aid cases?

alfaspecial

1,187 posts

163 months

Tuesday 28th February 2023
quotequote all
Start here
https://www.gov.uk/legal-aid for a general guide


I would hope that being unemployed and having pretty low savings you could contact your local Citizens Advice for some pointers. Especially as it is criminal rather than civil matter.


agtlaw

7,287 posts

229 months

Tuesday 28th February 2023
quotequote all
Don’t contact CAB. Go to a solicitor. I don’t know anyone in West Midlands.

superlightr

12,920 posts

286 months

Tuesday 28th February 2023
quotequote all
dba7108 said:
Is legal aid still available. I am currently unemployed and my savings are pretty low. I own my own small house outright. I have been accused of a criminal crime I did not commit. Do certain solicitors take on legal aid criminal cases?
accused ?

Were you arrested by the Police?
Have you been charged or being told you are being investigated for x criminal actions?

Or is joe blogs saying you have done x and Im going to the police? ie how far along are you?

alfaspecial

1,187 posts

163 months

Tuesday 28th February 2023
quotequote all
agtlaw said:
Don’t contact CAB. Go to a solicitor. I don’t know anyone in West Midlands.
re agtlaw. Obviously, as a lawyer yourself I bow to your knowledge / experience but could you explain (to me) just why you wouldn't / shouldn't use the CAB - especially if, like the OP, you haven't got a solicitor or a recommendation. Just interested. Thanks.

dba7108

Original Poster:

675 posts

191 months

Tuesday 28th February 2023
quotequote all
to the above poster - accused of a crime, not charged so currently being investigated. I have had an interview with police.

superlightr

12,920 posts

286 months

Tuesday 28th February 2023
quotequote all
dba7108 said:
to the above poster - accused of a crime, not charged so currently being investigated. I have had an interview with police.
were you arrested? If so a duty solicitor would/should have been available for your interview.

Did you do a voluntary interview? if so (why !?) you should have taken your own solicitor in with you.

having worked as a solicitor although not crim but wife did - voluntary interviews are likely to be fishing and generally never to do one without legal representation/advice. The police are not there as your friends but to get evidence against you. If they suspect/reasonable grounds they will arrest you and go from there. Many people will do a vol interview and then land themselves in it by talking too much.

I take it you were not arrested? What sort of crime are they talking about? ie is it imprisonable?





Edited by superlightr on Tuesday 28th February 16:31

dba7108

Original Poster:

675 posts

191 months

Tuesday 28th February 2023
quotequote all
arrested me at my house. Yes it could end up as a prison sentence although unlikely.
I had a duty solicitor at the station. She was approx 50yrs old and seemed experienced. She thought this woul go nowhere but I took that with a pinch of salt as she wasnt sat where I was.

Boosted LS1

21,200 posts

283 months

Tuesday 28th February 2023
quotequote all
^ Why don't you speak to her again?

Mojooo

13,287 posts

203 months

Tuesday 28th February 2023
quotequote all
superlightr said:
dba7108 said:
to the above poster - accused of a crime, not charged so currently being investigated. I have had an interview with police.
were you arrested? If so a duty solicitor would/should have been available for your interview.

Did you do a voluntary interview? if so (why !?) you should have taken your own solicitor in with you.

having worked as a solicitor although not crim but wife did - voluntary interviews are likely to be fishing and generally never to do one without legal representation/advice. The police are not there as your friends but to get evidence against you. If they suspect/reasonable grounds they will arrest you and go from there. Many people will do a vol interview and then land themselves in it by talking too much.

I take it you were not arrested? What sort of crime are they talking about? ie is it imprisonable?





Edited by superlightr on Tuesday 28th February 16:31
Your advice is somewhat outdated - Police often do voluntary interviews for reasons such as its less aggro and/or the necessity for arrest is not met. They carry the same weight as as an interview when arrested and you need to suspect an offence to do either so I am not sure 'fishing' is the right word.

I agree that you should consult a solicitor.

If you attend a voluntary interview with Police you are entitled to free legal advice.

rlw

3,553 posts

260 months

Wednesday 1st March 2023
quotequote all
Stick with the duty solicitor who clearly does do legal aid work. They aren't doing it for fun, it's what they do for a living.

rlw

3,553 posts

260 months

Wednesday 1st March 2023
quotequote all
alfaspecial said:
re agtlaw. Obviously, as a lawyer yourself I bow to your knowledge / experience but could you explain (to me) just why you wouldn't / shouldn't use the CAB - especially if, like the OP, you haven't got a solicitor or a recommendation. Just interested. Thanks.
Because not many CABx know the first thing about crime and will not give advice other than to contact a solicitor.

steveo3002

11,052 posts

197 months

Wednesday 1st March 2023
quotequote all
pretty sure mate of a mate was given the paper work to sign up for the legal aid same day as being charged

agtlaw

7,287 posts

229 months

Wednesday 1st March 2023
quotequote all
rlw said:
Because not many CABx know the first thing about crime and will not give advice other than to contact a solicitor.
Correct.

surveyor_101

5,069 posts

202 months

Wednesday 1st March 2023
quotequote all
rlw said:
Stick with the duty solicitor who clearly does do legal aid work. They aren't doing it for fun, it's what they do for a living.
They are very hit or miss in my experience.

I didn't want one when I was arrested on a load of lies but they called one anyway, she went along with what I wanted she was a 50 year old lady to. It serious crime allegation.

Depends on the crime, tell them your mum abused you and your dad did drugs tends to buy you a tonne of latitude.

A sad childhood can excuse a multitude of sins in my experience.


Has the OP been bailed subject to ongoing investigations, until they come to charging decision I wouldn't sweat it.


Best thing to do in these interviews is not answer questions, take the allegations they put to you and provide a written statement. Any police questioning is a fishing expedition.

Edited by surveyor_101 on Wednesday 1st March 11:26

Dibble

13,257 posts

263 months

Wednesday 1st March 2023
quotequote all
surveyor_101 said:
rlw said:
Stick with the duty solicitor who clearly does do legal aid work. They aren't doing it for fun, it's what they do for a living.
They are very hit or miss in my experience.

I didn't want one when I was arrested on a load of lies but they called one anyway, she went along with what I wanted she was a 50 year old lady to. It serious crime allegation.

Depends on the crime, tell them your mum abused you and your dad did drugs tends to buy you a tonne of latitude.

A sad childhood can excuse a multitude of sins in my experience.


Has the OP been bailed subject to ongoing investigations, until they come to charging decision I wouldn't sweat it.


Best thing to do in these interviews is not answer questions, take the allegations they put to you and provide a written statement. Any police questioning is a fishing expedition.

Edited by surveyor_101 on Wednesday 1st March 11:26
The best thing to do is ignore advice on the internet and listen to what your solicitor tells you. In some cases, answering questions is a better option than remaining silent. A solicitor in possession of pre interview disclosure will be much better placed to advise whether this is the best course of action. The only advice I’d give would be to speak to a solicitor before any interview.

As for the last sentence… utter codswallop.

surveyor_101

5,069 posts

202 months

Wednesday 1st March 2023
quotequote all
Dibble said:
The best thing to do is ignore advice on the internet and listen to what your solicitor tells you. In some cases, answering questions is a better option than remaining silent. A solicitor in possession of pre interview disclosure will be much better placed to advise whether this is the best course of action. The only advice I’d give would be to speak to a solicitor before any interview.

As for the last sentence… utter codswallop.
No one innocent has ever been stitched up by the UK police and justice system, yeh well they have so its not codswallop.

As stated a pre interview disclosure is not always available, you take all POLICE questions and provide a written response to these and your story. No inference can be drawn as you have not remained silent. Yes if you have a alibi don't keep it till court it needs to be shared with police.


The clue is in the caution '“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence"


So they even tell you silence is allowed many a career criminal have avoided charges with 'no comment' I assume DIBBLE is current Job, so they are going to put a spin on this. I don't have an axe to grind as ex job long time ago and someone who has actually been arrested and questioned on serious made up charges. I was treated very badly by some officers and I was very much prejudged by some. I stuck to this and guess what it was all proved false and I was released without charge and the accuser cautioned.

Get time with the duty brief to discuss your case, but its sounds like you have already had your interview and sealed your fate.









Edited by surveyor_101 on Wednesday 1st March 11:46

rlw

3,553 posts

260 months

Wednesday 1st March 2023
quotequote all
surveyor_101 said:
They are very hit or miss in my experience.

I didn't want one when I was arrested on a load of lies but they called one anyway, she went along with what I wanted she was a 50 year old lady to. It serious crime allegation.

Depends on the crime, tell them your mum abused you and your dad did drugs tends to buy you a tonne of latitude.

A sad childhood can excuse a multitude of sins in my experience.


Has the OP been bailed subject to ongoing investigations, until they come to charging decision I wouldn't sweat it.


Best thing to do in these interviews is not answer questions, take the allegations they put to you and provide a written statement. Any police questioning is a fishing expedition.

Edited by surveyor_101 on Wednesday 1st March 11:26
I have never been arrested but I know an awful lot of solicitors on the police station rotas and, honestly, there isn't one I wouldn't trust to do their best for me. Any duty solicitor will be employed by one of the firms officially accredited to practice criminal law in their area. Their files will be reviewed regularly by colleagues and peer reviewed externally. If they don't cut the mustard, they're in trouble.

Most of them will be older because younger lawyers don't want to do the work anymore because it simply doesn't pay and is too stressful