Should I have a solicitor in the police station?
Why should I have a solicitor at the police station?
Why wouldn’t you? For a start, it’s free. To everybody, no matter how much or how little they earn. That should probably be a good enough reason in itself, but many people still choose not to have a solicitor.
What happens in the police station goes a long way to deciding the outcome of the case
If you end up in court many months later, the Judge and jury, or magistrates, will know what you said or didn’t say in your interview and will pay close attention to it. If you do the right thing in your interview, you might not even get to court. You might be given a caution or your case might be dealt with in another way that means you don’t have to go to court. You might not even be charged.
It doesn’t make you look guilty
If you were ill you would go to a doctor. If your car breaks down you go to a garage. You get help from someone who knows that they are doing and is there to help you.
You won’t have to wait hours for a solicitor; at least not for one of our solicitors
When you are arrested there is usually a lot of work for the police to do before you are interviewed. It is that work that takes time, not waiting for a solicitor. If you say you want a solicitor as soon as you get to the police station, we will be contacted by the police and can arrange to attend when the police are ready to deal with you. If you are attending by appointment (often called an interview by appointment or caution +3), we will meet you there.
Just because you feel you haven’t done anything wrong, doesn’t mean you don’t need a solicitor
In fact, it makes you need one even more because if you say or do the wrong thing, you might end up getting charged with something you didn’t do.
If you are in a cell in the police station, there is no such thing as ‘not very serious’
Calling us to come and represent you is not ‘bothering us’. It is what solicitors are there for.
You can call us during office hours on 020 7388 1658 or 24 hours a day on 07939958767. Or email lawyers@jfhlaw.co.uk
John Howey, Senior Solicitor
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‘Not Guilty’ verdict in sexual assault trial
Win for JFH Crime at Harrow Crown Court
Duncan Roberts and counsel secured a not guilty verdict for his client at the Harrow Crown Court following an allegation of sexual assault.
Our client was accused of a serious sexually assault; the woman alleged that she had been forced to engage in a series of sexual acts against her will. Our client denied the offence, stating that any sexual contact had been with the woman’s consent. A full denial was made in an initial interview and the defendant entered a ‘not guilty’ plea at the Magistrates Court. The case was committed to the Crown Court. Unusually our client declined to attend the trial and the Court decided to proceed in his absence.
We were able to challenge the prosecution evidence, even without being able to put forward a positive defence.
After less than an hour deliberating, the jury unanimously found our client not guilty.
Putting the prosecution to proof
This case serves as a good example of “putting the prosecution to proof”. This can be just as important in conducting criminal litigation as advancing a positive defence. The burden of proof rests with the prosecution and they must convince a jury, or magistrates, of the defendant’s guilt. Clearly, there must have been some doubt in this jury’s mind even without the defendant giving evidence.
Of course, it should not be seen as an encouragement not to attend a trial. Our client has been found not guilty of a serious sexual offence, but will now be facing a charge of failing to surrender.
If you are facing criminal proceedings in either the Magistrates or Crown Court and require representation contact us on 020 7 388 1658 or lawyers@jfhlaw.co.uk.
Duncan Roberts, Solicitor
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