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Facing a criminal allegation, investigation or charge can be stressful, particularly when you are uncertain about your legal position or what the process involves.

A criminal defence solicitor can explain your legal position, advise you on your options and represent you throughout the case. The support you need will depend on the criminal allegations, the stage of the case and your individual circumstances.

Getting expert legal advice early can help you understand your position and make informed decisions.

This guide covers:

1. The role of a criminal defence solicitor
2. Support during investigations and police interviews
3. How charges and court proceedings are handled
4. Complex cases and legal aid
5. What to consider when choosing a solicitor

What Does a Criminal Defence Solicitor Do?

A criminal defence solicitor advises and represents people who are suspected of, under investigation for, or charged with a criminal offence.

Their role can cover different stages of a case, from an initial investigation through to court proceedings and sentencing, including:

• Explaining the allegations and relevant law
• Advising clients about their legal rights
• Reviewing evidence and identifying issues in the case
• Preparing a defence
• Providing legal representation during court proceedings
• Advising on pleas, sentencing and potential outcomes

Criminal defence solicitors can represent and defend clients facing a wide range of offences and allegations, including:

• Domestic abuse
• Sexual offences
• Drug offences involving controlled drugs
• Financial crime
• Fraud
• White-collar crime
• Motoring offences, including dangerous driving and driving with excess alcohol
• Violent offences, including common assault
• Murder and other serious offences
• Health and Safety offences
• Trading Standards offences

How Can Criminal Law Solicitors Help During a Criminal Investigation?

Criminal law solicitors can help during an investigation by assessing the circumstances of the case and advising a suspect on how to respond to the police or other agency conducting the criminal investigation.

A criminal investigation may involve:

• Police interviews under caution
• Witness evidence
• Searches of property or a place of work
• Requests for information whilst the investigation is ongoing
• Digital downloads of mobile phones, iPads, or computer equipment

Expert and early legal advice can help a person understand what is happening and what their options are before a decision is made on how to approach a criminal investigation. For example, should you answer police questions during the interview, provide a prepared statement or answer ‘no comment’ to questions asked.

A criminal defence solicitor can also negotiate a voluntary attendance at the police station in an effort to avoid an arrest being made. This can involve us contacting the police on your behalf to negotiate a voluntary attendance.

You should not wait until charges are brought before seeking expert legal advice. Getting the right advice at the very start of an investigation can help you understand your options and the best course for your circumstances. In some cases, we can make representations to the police about whether criminal charges should be brought against you or not, highlighting holes in the prosecution’s case and whether there is a realistic prospect of conviction.

What Does a Criminal Defence Team Do at the Police Station?

At the police station, a criminal defence solicitor can advise and represent a suspect before and during a police interview, including explaining their legal rights and options.

The solicitor can help the suspect understand:

• Why they are being questioned
• Whether they are being interviewed under caution
• What their legal rights are
• What to expect during the interview
• What may happen after the interview
• How to deal with the interview questions
• Whether to answer police questions, provide a prepared statement or answer No Comment to the questions asked

How Do Criminal Defence Lawyers Respond to Criminal Charges?

Once criminal charges are brought, criminal defence lawyers assess the prosecution case, advise the client on their options and represent you at Court. All criminal cases start in the Magistrates Court where a criminal defence solicitor can represent you.

The criminal defence lawyer may consider:

• Witness statements and other evidence
• The allegations made against the defendant
• Issues or weaknesses in the prosecution case
• Whether further evidence is needed before entering a plea
• Whether a guilty or not guilty plea is appropriate
• Whether a bail application should be made or whether bail conditions can be amended or changed
• The likely sentence that the Court may impose

The defence team can also liaise with the Crown Prosecution Service and work with barristers or other experts when the case requires additional expertise or is sent to the Crown Court to be dealt with.

What Happens in the Crown Court During Court?

In the Crown Court, criminal cases progress through hearings and, where required, a trial, with both a defence solicitor and defence Barrister advising and representing the defendant throughout the case in the Crown Court.

The Magistrates’ Court handles many less serious offences, while more serious allegations and cases sent for trial may proceed to the Crown Court. Cases involving young people may instead be heard in a youth court.

Crown Court proceedings can involve:

• Plea and case management hearings
• Legal arguments about the case
• Consideration of prosecution and defence evidence
• Court Hearings leading up to a trial
• An Abuse of Process Hearing where there are concerns about parts of the prosecution evidence
• Dismissal Applications where the evidence presented by the prosecution is weak.
• A trial where the defendant pleads not guilty
• Sentencing following a guilty plea or conviction

If a defendant pleads guilty, the solicitor can present mitigating factors before a sentencing hearing and advise on documents and references that could be obtained to help in a defence. These can help the court understand the circumstances of the offence, help reduce any sentence and consider the defendant’s personal situation.

A solicitor can also help clients understand the court process and what to expect at each stage of their case.

How Are Complex Cases Handled by a Criminal Defence Team?

A criminal defence team handles complex cases by coordinating the evidence, legal issues and specialist resources needed to build and present the case to a criminal court.

Serious crime and complex cases often involve more extensive evidence and preparation than straightforward matters. They may involve multiple defendants, numerous witnesses or specialist areas of law, including:

• Serious violence
• Murder
• Sexual offences
• Serious drug offences
• Financial crime
• Fraud

A criminal law team may coordinate:

• Evidence analysis
• Legal research
• Witness preparation
• Expert evidence
• Case management
• Preparation for court
• Liaison with barristers and other specialists

Cases involving young defendants may require additional specialist knowledge.

Youth crime lawyers deal with cases involving children and young people and must take account of the different procedures that apply to them.

How Can a Criminal Defence Solicitor Help Achieve the Best Possible Outcome?

A criminal defence solicitor can work towards the best possible outcome by assessing the evidence, protecting the client’s legal rights and advising on the most appropriate course of action to defend a criminal allegation.

The approach will depend on the evidence, allegations and individual circumstances.

Depending on the case, the solicitor may challenge aspects of the prosecution case, negotiate where appropriate or prepare for trial.

Possible outcomes may include:

• An acquittal
• The case being discontinued
• Release on bail while proceedings continue
• A reduction in the seriousness of the offence and an alternative less serious charge being offered
• Sentence following a guilty plea
• Reduced consequences upon your career or impact upon your profession.

A criminal defence solicitor cannot guarantee a particular result, but can provide expert advice about the available options to a Court and the potential consequences of any criminal allegations.

Can Criminal Law Solicitors Help With Legal Aid?

Criminal law solicitors can help clients understand whether they may qualify for legal aid and assist with the application process.

Criminal legal aid is means-tested, alongside the relevant Interests of Justice test. For the initial means test, an adjusted annual income of £12,475 or less currently falls within the funded threshold, although eligibility also depends on the type of case and other requirements.

The assessment can take account of:

• Household income
• Essential living expenses
• Savings and other capital
• Family circumstances
• Certain benefits, including Universal Credit and Income Support

Some defendants may automatically pass the means test because they are under 18 or receive certain qualifying benefits. They may still need to satisfy the Interests of Justice test where it applies.

The Legal Aid Agency applies the relevant eligibility rules. If an application is refused on the basis of the Interests of Justice test, the defendant can appeal the decision.

If legal aid is unavailable, some criminal defence solicitors may offer fixed fees for particular legal matters.

What Should You Look for in a Criminal Defence Solicitor?

When choosing a criminal defence solicitor, consider their experience, specialist knowledge, regulation, accreditation, communication and availability.

When comparing firms, consider:

• Experience: Does the firm have an experienced team handling cases similar to yours?
• Specialist knowledge: Does the team regularly deal with the relevant type of offence?
• Regulation: Is the solicitor or firm regulated by the Solicitors Regulation Authority (SRA)?
• Accreditation: Does the practitioner hold relevant specialist accreditation, such as the Law Society’s Criminal Litigation Accreditation?
• Communication: Can the solicitor explain legal matters clearly?
• Availability: Can you contact your legal team when you need support?
• Client feedback: What do previous clients say about their experience?

The SRA’s register can be used to check whether a solicitor or law firm is regulated. The Law Society’s Criminal Litigation Accreditation is a recognised quality standard for practitioners working in criminal litigation.

Independent reviews can provide useful insight, but ratings should not be considered in isolation.

Need Advice About a Criminal Matter?

If you are facing a criminal allegation, getting legal advice early can help clarify your legal position and the options available to you. Wilkstone Law provides criminal defence services and legal representation tailored to the circumstances of your case.

Contact Wilkstone Law to discuss your situation and find out how the team may be able to assist.

Key Takeaways

• A criminal defence solicitor can advise and represent a defendant from investigation through to court proceedings.
• Police station representation and free legal advice are available for qualifying people who are arrested.
• Defence lawyers can advise on bail, pleas and sentencing, including presenting mitigating factors after a guilty plea.
• Serious cases can involve murder, violent offences, sexual offences, fraud and financial crime.
• Legal aid is means-tested, with eligibility also depending on the case and Interests of Justice requirements.
• When choosing a solicitor, consider their experience, SRA regulation and relevant specialist accreditation.