Yes and you will not have to pay as long as you choose a solicitor who is contracted for legal aid. Advice and assistance at the police station is not means tested. It is one of your rights to have a solicitor present and you can nominate your chosen solicitor or firm. If you do not do so then you will be allocated the duty solicitor.
Do I need a solicitor at the police station?
We would always recommend it as what you say and do whilst there can hugely impact upon what happens next. Free expert advice is exactly what you need in such a stressful situation. We can help you make the right choices and relieve the pressure you will inevitably feel. Every member of our team has vast experience in the police station. We can advise you on your rights whilst detained, on police procedures, on how to conduct yourself in interview and be present with you during that interview. We can then make any necessary representations about the outcome of the matter and whether or not you will be granted bail.
What happens if I get arrested in the middle of the night or at the weekend?
We aim to always have at least one member of our team available to help you. When you arrive at the police station you will be asked if you want a solicitor. When you nominate us we will automatically be contacted via the Defence Solicitor Call Centre and one of our team will then contact the police and speak with you direct. Subsequently we will attend to give you advice in person prior to and during any interview.
What happens if I have to go to Court?
If you face court proceedings then one of our team can attend and represent you for all hearings. You are generally expected to enter your plea at the first hearing (unless unusual circumstances exist) and our team member will be able to obtain a copy of the initial evidence against you and then advise you as to the best way forward.
How much will it cost me for you to represent me at court?
It depends upon whether or not you are eligible for legal aid. If your case is considered serious enough then you will get legal aid as long as you pass the financial means test. We will assess your eligibility for legal aid at the very outset of the case and advise you accordingly.
If you are not eligible for legal aid, then we will discuss our fees with you at the first meeting. Whilst many firms charge an hourly rate, we prefer to work with fixed fees which are payable at the beginning of the case. This way you will always know exactly how much your case is going to cost from the start and there will not be any hidden extras at a later stage.
If you are found not guilty then we will seek to recover as much of your costs for you as we can – but this will rarely be the full amount that you have paid us as the amount that can be claimed back has been restricted.
Do you handle all types of cases?
In short, yes. Our team have regularly dealt with all types of criminal offences for all sorts of people. We are as used to dealing with a young first time offender who is facing a relatively minor matter as we are to dealing with a prolific offender who is charged with the most serious offences.
Whatever offence you are accused of, we will be able to help.
How long will it be before my case is finished?
Every case is different and how long it takes depends upon various factors such as the type of offence, whether you plead guilty or not guilty and whether the case is dealt with in the Magistrates Court or in the Crown Court.
For example, simple matters may well be finished at the first hearing if you plead guilty but the most complex trials in the Crown Court can take as long as a year to be finalised.
We will be able to advise you about a time estimate relevant to you at the first hearing.
Road Traffic Offences FAQs
Can you help me if the police want to speak to me about a motoring offence?
Yes and you will not have to pay as legal aid at the police station is not means tested. It is one of your rights to have a solicitor present and you can nominate your chosen solicitor or firm. If you do not do so then you will be allocated the duty solicitor.
When you arrive at the police station you will be asked if you want a solicitor. When you nominate us we will automatically be contacted via the Defence Solicitor Call Centre and one of our team will then contact the police and speak with you direct. Subsequently we will attend to give you advice in person prior to and during any interview.
If the police ask you to go in to the police station by pre-arranged appointment then you should contact us direct in advance and we can arrange to attend with you.
What about if my case goes to court?
We can help you whatever type of motoring offence you are facing. Many road traffic offences commence with you receiving a summons to attend court in the post. If you contact us as soon as the summons arrives, we may be able to deal with the court hearings for you without you even needing to attend court.
Is legal aid available?
Yes, but only for the more serious offences such as dangerous driving. It is not considered as necessary for most straightforward offences such as speeding, driving without insurance or drink driving. However, even these types of case can entitle you to legal aid if there is particularly unusual or complicated feature to the case.
A member of our team will advise you about the availability of legal aid at the outset of the case and complete the required forms with you if appropriate.
How much will it cost me for you to represent me at court?
If legal aid is not available we will discuss our fees with you at the first meeting. Whilst many firms charge an hourly rate, we prefer to work with fixed fees which are payable at the beginning of the case. This way you will always know exactly how much your case is going to cost from the start and there will not be any hidden extras at a later stage.
If you are found not guilty then we will seek to recover as much of your costs for you as we can – but this will rarely be the full amount that you have paid us as the amount that can be claimed back has been restricted.
Do I need a solicitor if I am pleading guilty?
In many cases, yes. With road traffic offences it is the consequences to you of any sentence imposed that has the most impact. We can help you with issues such as how many penalty points are imposed or even whether or not you are disqualified from driving. In certain circumstances, we can help you avoid these outcomes by pursuing specific legal arguments on your behalf which can be very complex. We can guide you through the process, identify the issues, prepare the argument for the hearing and then present it for you at court.
Can I avoid being disqualified from driving?
It depends on the offence you are being taken to court for and sometimes the amount of points you already have.
For example, some road traffic offences (drink driving, dangerous driving) carry an automatic ban which cannot be avoided if you plead guilty or are found guilty after a trial unless “special reasons” can be established.
Equally if you reach 12 points in any 3 year period then you face a minimum 6 month ban unless the court can be persuaded that you would face “exceptional hardship”. These are known as the “totting up” provisions.
Both “special reasons” and “exceptional hardship” are complicated legal arguments to put to a court and our team can help you by preparing and presenting the arguments.
Is it ever possible to get my licence back before the ban is over?
It is, but only in limited circumstances where the period of disqualification is over 3 years. We can advise you about whether this is an option for you and, if it is, then we can prepare the case and deal with the hearing at court for you.
Are there different rules for new drivers?
Yes. For the first 2 years after passing your test you are classed as a new driver and face additional rules as well as the normal rules and penalties available for all drivers.
The main difference is that if you reach 6 or more points during the 2 year period then your licence will be revoked by DVLA and you will revert to being a provisional licence holder only. This means that you have to abide by the usual learner driver provisions (display L plates, have a supervising driver with you etc) and retake your test.
We can advise you about these rules and assist you in court by arguing to keep the points imposed below the 6 points cut-off.
Military Law FAQs
Can I ask for a solicitor if I am detained by the Service Police?
Yes as you have exactly the same rights when you are detained within MOD detention facilities as you would do if detained by the civilian police.
What will it cost me?
Nothing as long as you choose a legal representative who is contracted for legal aid as we are. Everybody, no matter what their income, is entitled to free and independent legal advice and assistance at the police station as it is not means tested. You will be asked if you wish to nominate a specific solicitor or firm and you can ask for us. If you do not specify a solicitor then you will be allocated a duty solicitor from the local scheme where you are detained.
What happens next?
If you are charged with an offence then the nature of that offence will determine the next step. If the offence is minor then you will be referred for Summary Hearing. Matters dealt with in this way are usually less serious Service offences and some minor criminal offences. Summary Hearings are conducted by your Commanding Officer who also has the authority to sentence you to a maximum of 90 days detention. If the offence is more serious in nature, either a service or criminal offence, then you will be dealt with by Court Martial.
Can I have a legal representative at a Summary Hearing?
No but you are entitled to seek legal advice before the hearing can take place and you are entitled to have an Assisting Officer of your choice present at the hearing.
You will be notified in advance of the hearing of exactly what your rights are and you should be provided with a copy of the case papers.
We would strongly recommend that you seek legal advice in advance of the Summary Hearing. We can help you decide two very important things in particular: whether you should elect trial by Court Martial and, if not, whether you should admit or deny the charge(s).
You should also be aware that if you elect to have trial by Court Martial rather than Summary Hearing and are found guilty, then you cannot be sentenced to a harsher penalty than that which your Commanding Officer could have imposed.
Unfortunately there is no public funding available for legal advice prior to a Summary Hearing but we will be happy to provide such advice on a fixed fee basis which we will agree with you at the outset.
Can I appeal against any finding or sentence imposed by Summary Hearing?
Yes and you are entitled to legal representation. Legal aid is available for an appeal against conviction and/or sentence.
An appeal is to the Summary Appeal Court and effectively amounts to a complete rehearing of the case in front of two officers and a Judge Advocate.
Can I have a legal representative at a Court Martial?
Yes as a Court Martial has powers similar to a Crown Court. It can try any criminal conduct offence just as a civilian court would and it can also deal with you for any disciplinary offences.
Can I get Legal Aid for Court Martial proceedings?
Yes and we can help you complete the required application form. Legal aid in these circumstances is a granted under a two stage process. Legal Aid in the Services is managed by the Armed Forces Criminal Legal Aid Authority who will determine the application based upon both its merits and your means.
In other words, if the case is serious enough (which it usually will be) and you do not have an exceptionally high income then you will get legal aid. However, you may have to a pay a contribution towards it.
Our team can assist with the application and advise you at the outset whether or not you may have to pay a contribution.
What happens if I plead guilty or I am found guilty?
The sentencing powers are very similar to those of a civilian court. In addition however there are a number of further punishments available which relate directly to your military service e.g. dismissal from the service, loss of rank.
We can advise you from the beginning as to the possible sentence you might face.
Can you help me if I am a civilian facing proceedings in the Service Civilian Court?
Yes. The SCC sits for cases of civilians subject to Service discipline for most types of criminal conduct offences and some disciplinary offences. It consists of a Judge Advocate sitting alone and has similar powers to a Magistrates Court with a maximum sentence of 12 months.
This court is generally considered appropriate for dependants of Service personnel and civilian contractors in operational areas where the offence is not deemed serious enough for trial by Court Martial.
The court only sits overseas but since many proceedings can be conducted by video link we can still represent you.
Legal aid is available in the same way as it would be for Courts Martial.