Most people do not expect to find themselves on the wrong end of the law. For those in trouble with the law in South Yorkshire, you can rely on Foys Solicitors to have your back with comprehensive legal advice and support.
It’s completely understandable to feel panic, concern or worry if you find yourself in a spot of trouble. After all, your livelihood and freedom could be at stake.
When facing arrest and prosecution, it’s vital that you seek professional advice from crime and motoring offence experts immediately to ensure a decent chance at winning your case. From the moment of your arrest, “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” This is why legal advice is crucial before you say anything, go to court and make your case.
At Foys Solicitors, we provide our clients with general information regarding:
- Rights on arrest
For most, being placed under arrest can be a stressful time. It’s easy to succumb to panic, lash out or say anything you can think of to get yourself out of the situation. Unfortunately, those responses don’t help your case.
In situations like these, it’s vital that you stay calm and remember/exercise your rights when placed under arrest. This includes:
- The right to free legal advice
- The right to let someone know where you are
- The right to medical help if you feel ill
- The right to view the police Codes of Practice (rules the police must follow)
- The right to view a written notice of your rights (you can ask for this in your language or ask for an interpreter)
The custody officer at the police station must explain your rights to you.
- Police stop and question/search rights
Police stop and question/searches can feel unfair and invasive, especially as they can occur at any time. It’s important to know the difference between a stop and question and a stop and search and to know your rights in both situations.
Keep in mind that in a stop and search situation, the police have the right to ask you to remove clothes and/or religious items (e.g. a veil or turban), but you can ask to be taken somewhere out of public view.
You can learn more on gov.uk.
- Charged or bailed
When charged with a crime, you must be given a ‘charge sheet’ that outlines the details of the crime you’re being charged with. From this point, the police will decide whether you will remain in police custody until your court hearing or get to go home (known as being released on bail).
Note that there are several grounds where the police or a court can refuse bail. These grounds include but is not limited to:
- Being charged with a serious offence like murder
- Being convicted of a serious crime in the past
- The police believing you may not arrive to your hearing
- Legal aid & funding a defence case
Funding a defence case can be quite costly for some. Legal aid can help those without the financial means meet the costs of legal advice and representation in court. To be eligible, you must be able to show that you cannot afford the legal costs and that the problem is severe. Also, your case must be eligible for legal aid.
The crime and motoring offence team at Foys Solicitors will help you evaluate whether you’re eligible for legal aid and assist in financial planning for funding a case. Safeguarding your finances is one of our top concerns.
- Representation at court
While you can defend yourself in court without a lawyer or solicitor, it is not advisable. Having someone with expert crime and motoring law knowledge, as well as general legal knowledge, can be the difference between winning and losing your case.
You have the right to choose your solicitor for court proceedings. Please note that if you’re eligible for legal aid, you will need to choose a firm that has a Legal Aid Franchise. If you’re unsure about your legal aid eligibility, our team can help you.
We understand that being wrongly convicted of a crime can be incredibly distressing. This also applies to situations where the sentence is too harsh in relation to the crime. Our crime law experts can help you find the grounds to appeal (if it is possible). This may involve taking your case to the Criminal Cases Review Commission (CCRC), the independent public body that investigates alleged miscarriages of justice like a wrongful conviction.
As the Courts are under increasing pressure to deal with cases swiftly, you may be put under pressure to make quick decisions regarding your case without the proper time to consider any consequences. This may result in errors that are difficult to resolve at a later date. Therefore, it’s vital that you speak to a solicitor immediately.
Contact our crime & motoring offences team on 01302 327136 for further information.
The crime & motoring offences Foys Solicitors can assist with:
- Theft, burglary, robbery (dishonesty)
- Public Order Offences (drunk and disorderly, affray, harassment, etc)
- Fraud, deception (dishonesty)
- Benefit fraud
- Assault, GBH, ABH, Wounding
- Murder, attempted murder and manslaughter
- Sexual offences
- Drugs offences
- Perverting the course of Justice / Perjury / wasting police time, etc
- Firearms offences
- Offensive weapons
- Proceeds of Crime
- Football related disorder offences and Football banning orders
- Internet offences
Foys Solicitors provides assistance at the police station
Placed under arrest
When you’re arrested, you may be held in a police station cell without access to your belongings and the outside world. Our solicitors will provide you with some peace of mind as their main goal is to help you and work towards solutions that are in your best interest. We can make enquiries regarding the nature of the investigations and speed up the process in the case of any delay. We can make representations as to whether you ought to be released on bail and, in appropriate cases, seek to persuade the custody sergeants to grant you liberty. Foys’ crime & motoring offences team ensure that fairness prevails concerning the manner in which you are dealt with and that the appropriate procedures are applied, and rights recognised.
During your interview, we will advise you on your rights – this includes the right against self-incrimination. For various reasons, you may not wish to answer police questions; we can assist you in making the right decision as to whether your choice in answering (or not) is in your best interest.
Keep in mind that police receive training in how to interview a suspect which will often exert a lot of pressure to achieve a result. Sometimes what they seek may even be a no-reply interview. We will help you understand what may be best for you in any given situation.
Our experienced team is familiar with police station interviews and can provide you with the thoughtful and insightful advice that you need.
If you are charged, we can provide a smooth transition between your representation in the police station and your representation in the magistrates and Crown Courts.
Note: Most criminal and motoring offence court cases will take place in a magistrates court. The more serious crimes will be dealt with in the Crown Court.
For 24-hour police station advice, call us on 07980 288920.
Foys Solicitors – mitigating a case on your behalf
The fact that you may be guilty or plead guilty to a crime or motoring offence is not the end of what we can do for you. We will analyse your case to identify any mitigating circumstances in your case and put them forward to the court to achieve the most lenient sentence possible. Please understand that the phrase ‘mitigating circumstance’ refers to a circumstance that typically lessens the culpability of a defendant. Mitigating circumstances do not excuse you from criminal misconduct entirely.
Foys Solicitors provides assistance at your trial
Our experienced criminal law solicitors will guide you through the trial process. Our team will ask relevant questions of the accuser by way of cross-examination and of you (the defendant) and your witnesses in order to persuade the court of trial that your version of events is the right one.
It is vital that you do not withhold any information from us as we assist you with your criminal case. It’s easy to worry that any admission to guilt or involvement could lead us to abandon your case. With Foys Solicitors by your side, you can forget about those worries as our team is committed to supporting you all the way. It’s crucial that our team and you are prepared for any and all questions during trial.
Foys’ advice regarding the law
We believe our clients should have a clear understanding of UK law and how particular laws apply to your circumstances. Our crime and motoring offence team will advise you on this as well as any defences that may be available to you. We will also inform you of the sentences available to the Courts and which ones we think might be applied to your case. This is so you understand and are aware of what to expect during your case.
At Foys Solicitors, we believe in offering this advice as early as possible so that you comprehend the risks and consequences of your case-related decisions and make those decisions in a well-informed manner.
Foys Solicitors provides assistance with motoring offences
We have many years’ experience in advising clients regarding motoring cases. We regularly represent clients who wish to avoid disqualifications from driving in a large number of circumstances. If you have reached the limit of points on your licence or have any other driving-related issues we can help – call your local Foys office or send us a message via our enquiry form.
Our motoring offence law experts will guide you through your case with jargon-free explanations to ensure you completely understand the process.
Foys Solicitors’ crime and motoring offence specialists are by your side
We have a reputation for protecting the interests of our clients regardless of the offence. We provide ourselves on providing honest, straightforward legal advice concerning your unique circumstances. Our crime and motoring offence team can advise, support and represent you and your case at both local and national levels.
Contact your local Foys office today for further information on our services. We’ll provide you with a FREE initial consultation so we can get to know your situation and explain how we can help you.
This page was updated on 20/11/19.
Please note that although we may use the word ‘solicitor’, your case could be carried out by a legal advisor, legal executive or paralegal depending on the nature of the case.