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A common question we ask clients after they have approached us either having been interviewed by the police, or charged with an offence and they to go to Court is, were you legally represented in interview?
Sometimes, that answer is no. Either because they say, ‘I’m innocent so I didn’t think I needed one’, or ‘I couldn’t afford it’.
Quite often, these beliefs are mistaken.
I can’t afford legal advice at the Police Station
The most important thing to note is that, when being interviewed by Police who are investigating an allegation, legal advice is completely free of charge!
It is your right in law to be legally represented so it is always in your interests to ask for a Solicitor. This can be a Solicitor or Legal Representative you have used before, or you can ask to see the Duty Solicitor.
The Duty Solicitor is a qualified Solicitor or accredited Police Station Representative who is experienced in advising clients on the law, interview procedure, your rights whilst at the Police Staton, and whether or not you should answer the Police questions.
I’m innocent – do I really need a Solicitor?
The Police have a duty to investigate allegations that are made to them – whether the allegations have happened or not. They are there to gather evidence to either prove or disprove the allegation they have received.
Some of the ways in which they gather this evidence can be through your phone or samples (such as DNA). It is important you seek legal advice before providing your phone pin, or before consenting to any samples being taken.
The main method of gathering evidence whilst you are at the police station is by questioning you in interview.
This can either be an interview during your detention after you have been arrested by Police, or where the police ask for you to attend your local station for a ‘Voluntary Interview’.
It is not always as simple as answering questions to put forward your defence. There are many issues to consider including the strength of the evidence, your personal circumstances, and the benefit of answering questions at this stage of the investigation.
Having legal advice can make the process much more straightforward in interview. It does not cause a delay and will not necessarily prolong your detention at the Police Station if you have been arrested.
If you find yourself accused of an offence and have been arrested, ask for Churchers Solicitors and we will assist you through the process where we can.
If you have been invited for a Voluntary Interview and want legal advice and representation, call us on 02392 820 747.
https://www.churchers.co.uk/services-individuals/criminal-defence/
