I Have Been Told to Go to Court, I Need a Solicitor. What Now?

Many people find themselves in situations where they have been told to go to Court for the first time. ‘How do I get a Solicitor?’ is a very common question.

This article will provide some guidance on:

Finding Criminal Defence Solicitors
Paying for your Solicitor (whether privately or through Legal Aid)
The role of the Duty Solicitor

Finding a Solicitor

Unless you are appearing in Court following being arrested, charged and held in custody by the Police, many people will receive a ‘summons’, which is a letter notifying you of the date and time you need to attend Court. It will also set out the offences you have been charged with.

This information is crucial for the Solicitors you approach to know whether they can assist.

It is important to note that in criminal proceedings in England and Wales, your first appearance before the Court will be at your local Magistrates Court.

Churchers Solicitors have a dedicated Criminal Defence team which are able to assist with advising and representing you at Court. Should you receive a summons, contact us as soon as possible on 02392 820 747 so that a member of the team can take this information and inform you of the next steps.

Instructing a Solicitor

‘Instructing’ a Solicitor essentially means hiring them for their service. For most criminal proceedings, Solicitors can take instructions either:

On a private-paying basis; or
You may be eligible for Legal Aid

Should you wish to instruct us on a private-paying basis, please contact us and we can arrange for a case-specific quote, for you to be represented at Court.

Legal Aid is where the Government (through the Legal Aid Agency) pays your legal fees. We have previously published an article on Legal Aid which can be found here.

However, in summary, to be eligible for Legal Aid (sometimes referred to as public funding), there are two strict tests:

The Means Test
The Interests of Justice Test

Everyone charged with a criminal offence in England and Wales will first be told to the go the Magistrates Court.

The Means Test for the Magistrates Court is strict. Unless you earn less than £22,325 per year, then you would not be eligible for Legal Aid. Anything earned above £12,475, it is still not guaranteed you will be granted Legal Aid on the Means test.

The Interests of Justice Test assesses whether your case is serious enough to justify your legal fees being paid by the public. Even if you pass the means test, Legal Aid will not be available for offences where the Court does not have the power to send you to prison (such as less serious drink or drug drive offences).

What do I do if I cannot get Legal Aid but cannot afford private fees?

If after speaking with us we have determined that you would not be eligible for Legal Aid, or you are unable to pay privately, then in some cases when you attend Court, you can ask to speak to the Duty Solicitor.

Who is a Duty Solicitor and what do they do?

Most Criminal Defence Solicitors are accredited Duty Solicitors. They work on a rotating basis to assist clients who appear in Court without having been able to instruct a Solicitor.

The Duty Solicitor will be told by the Court that you require their services. If your case is one where the Court can impose a prison sentence, then you may qualify for representation by the Duty Solicitor.

However, you are only eligible if you have not received legal advice on your case prior to your attendance at Court (apart from any advice you may have received at the Police Station)

Summary

If you find yourself needing to attend Court having received a summons and need a Solicitor, contact us on 02392 820 747 or make an enquiry on our website.

https://www.churchers.co.uk/services-individuals/criminal-defence/