WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR LAND BANKING FRAUD?

Recent figures indicate a notable increase in incidents of land banking fraud in the UK, making it one of the more pressing financial crimes today. If you find yourself arrested or charged with this offence, try to seek the assistance of a knowledgeable solicitor as early as possible to protect your rights. This article provides essential information to help you understand your situation, addressing common questions and exploring possible defences you might consider. We also discuss the bail process for those charged with this type of fraud, offering guidance on what you might expect. By equipping yourself with the right information and professional support, you can effectively manage the challenges ahead.

Do I need a solicitor for land banking fraud?

Facing allegations of land banking fraud can be daunting, leaving you to wonder if hiring a solicitor is necessary. Land banking fraud involves marketing plots of land to investors with promises of significant returns, usually without any real prospect of development or value increase. Such cases can be complex, involving intricate details about land ownership, investment details, and potential misrepresentations. Like other types of fraud, land banking fraud will most likely be prosecuted under the Fraud Act 2006.

Hiring a criminal defence solicitor with expertise in fraud cases is highly recommended for several reasons:

• Land banking operations often involve navigating complex legal and regulatory frameworks. A solicitor can help you understand the nuances of these regulations and how they apply to your situation.
• An experienced solicitor ensures your rights are protected throughout the legal process. They can guide you on interactions with law enforcement and how to handle requests for interviews or documentation.
• A solicitor skilled in fraud cases can assess the evidence against you and identify weaknesses or inconsistencies in the prosecution’s case. They will work to build a compelling defence, potentially negotiating reduced charges or even dismissal.

What are possible defences for land banking fraud?

A skilled criminal defence solicitor can help assess your situation and determine which defence strategies might apply to your case. Some options include:

• Lack of intent to defraud: For a fraud charge to stick, the prosecution must prove that you intended to deceive or gain by dishonest means. If you can demonstrate that you genuinely believed in the investment and did not intentionally mislead investors, this might be a valid defence.
• Truth of statements made: If the information provided to investors was accurate and can be substantiated, it might be possible to argue that there was no deception involved. Evidence such as appraisals, expert assessments, or official documentation supporting the viability of the land for development could be vital.
• Due diligence: A defence based on due diligence may be relevant if it can be shown that you took necessary steps to verify the investment opportunity’s legitimacy. This could involve showing that you sought professional advice or conducted a thorough investigation into the land’s value and development potential before presenting it to investors.
• Acting under duress: If you were forced into committing acts that you would not have otherwise engaged in willingly, this could potentially mitigate culpability.
• Procedural errors: There might be a defence surrounding procedural errors made by law enforcement. If your rights were violated during the investigation or if there were significant lapses in the processes followed by the authorities, this might affect the admissibility of evidence or the validity of the charges.

Will I get bail for land banking fraud?

Bail allows you to remain out of custody while awaiting trial, under certain conditions set by the court. Whether or not you receive bail for land banking fraud will depend on several factors weighed by the magistrates or judge. Here is what might be considered in your bail application:

• Seriousness of the offence: Land banking fraud is a form of investment fraud where plots of land, often worthless or misrepresented as suitable for development, are sold at inflated prices. Due to the financial harm this type of fraud can cause to victims, the prosecution may argue that the charge is severe enough to warrant remand in custody.
• Risk of failing to surrender: The court will assess the risk of you failing to surrender to custody. If there is a concern that you might abscond, especially if you have significant ties abroad or a history of not attending previous court hearings, this might weigh against you being granted bail.

Additional considerations include:

• Risk of reoffending: The court will consider whether there is a likelihood of you committing further offences if released on bail.
• Interference with witnesses or evidence: If there is any indication that you might interfere with the investigation, intimidate witnesses, or destroy evidence, this may impact the decision.
• Your character and community ties: The court will look at your personal circumstances, including your character and connections to the community, which may influence the bail decision.

Will I have to go to court if I’m arrested or charged for land banking fraud?

If you’re facing charges related to land banking fraud, you may wonder if you will have to go to court. In the UK, facing criminal charges offers several possible routes before court becomes a necessity. The decision to take a case to court involves several factors and is primarily influenced by the Crown Prosecution Service (CPS), which determines whether there is sufficient evidence for a “realistic prospect of conviction” and whether it is in the public interest to proceed with a trial. If these criteria are met, it is likely that your case will be brought before a court.

Court may seem unavoidable if:

• The fraudulent activity has affected a large number of individuals.
• The financial losses incurred are substantial.
• There is strong evidence linking you directly to the fraudulent scheme.

That said, not all cases lead to court. Alternatives such as out-of-court settlements or plea bargains might be explored if the circumstances allow. Your solicitor can negotiate on your behalf, potentially reducing charges or sanctions, provided there is room for such discussions.

If the case does go to court, it could be heard in either the Magistrates’ Court or the Crown Court, depending on the severity and complexity of the charges.

Will I go to jail if found guilty of land banking fraud?

If you are found guilty of land banking fraud, it is possible to face a custodial sentence. However, whether you will go to jail depends on the specifics of your case, such as:

• The amount of money involved: Larger sums of money typically result in more severe penalties.
• The duration of the fraudulent activity: A longer period of fraudulent activity can lead to harsher sentencing.
• Your role in the fraud: Being a key organiser or instigator may result in a more severe penalty compared to a minor role.
• Previous criminal record: A criminal history may influence whether a custodial sentence is imposed.

The court will consider these factors, alongside any aggravating or mitigating circumstances. Aggravating factors, such as a breach of trust or victimising vulnerable individuals, may increase the likelihood of a prison sentence. Conversely, mitigating factors, such as cooperation with authorities or demonstrating remorse, could potentially reduce the severity of the sentence.

It is important to engage with a knowledgeable criminal defence solicitor if you are facing charges of land banking fraud. They can provide guidance specific to your case and help you understand the potential outcomes.

Will I go to jail if it’s my first offence of land banking fraud?

In determining whether you might go to jail for a first offence of land banking fraud, several key factors are considered. For the most part, courts will consider how serious the fraud was, including the amount of money involved and the number of individuals affected. They will also consider your role in the fraud and whether you took charge of the crime’s operation. The level of harm caused will also be taken into account.

The fact that it is your first offence may mitigate (reduce) the sentence, but it cannot always mean that you do not go to jail at all.

Can I get legal aid for land banking fraud?

In England and Wales, Legal Aid is available to help those who cannot afford legal representation in criminal cases. However, it is not granted automatically. Instead, you must satisfy both a means test and a merit test to qualify for assistance.

The means test assesses your financial situation to determine whether you genuinely require financial support for your legal case. Several factors are considered in this assessment, including your income, savings, and property. The merits test looks at whether the offence is serious and may result in severe penalties, which is indeed the case with land banking fraud.

Where to get more help

By seeking the guidance of an experienced criminal defence solicitor, you can ensure that your land banking fraud case is handled with expertise and care. A knowledgeable solicitor will work tirelessly to protect your interests and strive for the best possible outcome. If you need professional legal assistance, do not hesitate to get in touch with Stuart Miller Solicitors for a free consultation.

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Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

Md masum Hassan

13:29 16 Jan 25

I was facing serious charges and was overwhelmed by the cost of legal fees. A friend recommended Stuart Miller Solicitors, mentioning they accept legal aid, and I’m so glad he did. Mohammed Zeb was incredible—responsive, professional, and determined. He found flaws in the case, fought hard, and got the charges dropped. I cannot thank him enough.

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12:22 13 Jan 25

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13:53 10 Jan 25

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16:04 09 Jan 25

I have given Stuart Miller a five-star review for their exceptional responsiveness to feedback and their ability to implement immediate solutions to any issues encountered with their service.This is not to suggest that you will always have an outstanding experience with everyone at the firm, but I can highly recommend Kate. She demonstrated the skill set required to be an excellent solicitor and restored my confidence in Stuart Miller enough to warrant a five-star review for the firm.

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11:32 08 Jan 25

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When i was charged with something i did not do, I knew I needed the best help I could get. Victoria and Savannah didn’t let me down. They knew exactly what they were doing and were by my side the whole time. They managed to get my charges dropped.

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15:34 03 Jan 25

I qualified for legal aid, so I reached out to Stuart Miller Solicitors, and Mohammed Zeb was on my case. From the start, he was super thorough and didn’t miss a thing. He worked so hard, digging into every detail, and because of that, the charges were completely dropped. I can’t thank him enough.

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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14:20 10 Dec 24

I have had the pleasure of working with Stuart Miller Solicitors on several occasions over the years, and each experience has been outstanding. Their team is made up of highly skilled and experienced criminal justice attorneys who have a deep understanding of the law. A big differentiating factor is their degree of handiness in dealing with such pressing cases, thus, readily offering direction even when the issues are hard to crack.

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13:15 27 Nov 24

Mohammed Zeb represented a family member today in court very knowledgeable and professional in a highly complex case managed to get us a positive outcome.

Godson Success Benjamin

23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

Javs

15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

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15:43 11 Oct 24

Brilliant service! Great team and very efficient. Couldn’t have asked for a better service and would highly recommend. Rob is very efficient in his work, always keeps communication and let’s you know the steps, he’s very helpful in terms of other worries within a case and gives great advice on any matter.

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10:19 30 Sep 24

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N A

14:13 14 Aug 24

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19:53 11 Aug 24

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11:35 06 Aug 24

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17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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16:59 11 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

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18:52 11 Jun 24

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06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

Abdi shakur Ali

21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

Alby Davis

03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

Keshia

14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

Namna Janapori

06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Rules

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

Aishah M

19:36 29 Sep 23

Amazing service, called for advice and they did not disappoint at all, would highly recommend using them

XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

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