In our experience, not every accusation is built on facts. Some of our clients face allegations that are false whereas other clients may have played a role in the undertaking of a crime, but not at the level that they are being accused of.
No matter what the circumstances, those accused typically feel stressed, anxious, worried and in some cases, confused. It’s crucial that criminal defence solicitors who fully understand the implications are engaged. The best outcome needs to be secured and that takes a legal team who is committed to using preventative measures and strong analytical skills.
Allegation investigations can be trying and stressful. You’ll feel unnerved about what the future will hold. Whether you will be given a prison sentence or a financial penalty will weigh heavily on your mind. You’ll question how you will support your dependents without an income.
As soon as you discover that you are part of a police investigation, it’s critical that you seek competent legal advice immediately. By taking early action, your solicitors may even be able to get your case dismissed before it reaches the court stage.
On this page, you’ll find the most commonly asked questions together with their answers. We aim to provide you with the support and guidance that you need to get you through this challenging time.
If you have a question and you cannot find an answer here, feel free to contact us for a no-obligation chat.
Do you need criminal defence lawyers?
If you or somebody close to you has been arrested or charged in connection with a serious crime, it’s crucial that you secure the guidance and advice of competent and experienced criminal defence lawyers. It’s understandable if you feel unnerved, worried and disturbed about what is happening.
You may even have been accused of playing a role, despite you not having any involvement. In this situation, it’s crucial that you get your name cleared before the case progresses further.
The police may have already arrested and charged you. The next step could be a police interview, which under no circumstances should you attend without the help of criminal defence lawyers. The police have a primary mission of gaining convictions and will do whatever it takes to achieve their goal.
Once you’re in a police interview, it’s typical for police to ask you questions to trick you into incriminating yourself. They are trained on how to collect further evidence to craft a case against you, and this is a common technique.
What type of actions are serious crimes?
Here are some examples of serious crimes that may have led to the situation at hand.
- Fraud – for instance, using somebody else’s credit card when shopping.
- Murder – for example, when somebody has been killed by a person with a sound mind and not in self-defence.
- Death by Dangerous Driving – an example of this might be driving too fast and losing control of the vehicle, resulting in the death of a pedestrian or another driver.
- Rape – for instance, having sex with somebody without their consent.
There are many other examples. If you would like to know more about whether a crime that you’ve been linked to requires the advice and support of a criminal defence solicitors, you can always make contact with us for further information.
What happens in a police investigation?
When you or your loved one is involved in a police investigation, you’re likely to find the procedure very stressful. Not only will you be anxious about what the future may hold, but you’ll worry about the well-being of your dependents.
The police will seek evidence to prove that you are guilty of the crime. This may include getting a search warrant to search your home, computer, phone and email accounts. They will also want to speak with people who know you, and they type of character that you have. They will be turning every stone looking for clues and to find proof that you were involved in the crime and at what level.
If you are imprisoned, it’s likely to make a very negative impact on your income. You’ll be worried about whether your family will have enough money to cover their food and bills.
During this time, your life will be upside down.
Each case is unique, but whatever your situation is, it’s critical that you speak with a skilled and competent criminal defence lawyer as soon as possible. These types of cases turn out better if they are addressed early on before they have had a chance to progress.
A criminal defence solicitor will be able to give you advice and support. They will be able to guide on how to handle the case and investigation and what to say and what not to say to the authorities. The police will be trying to gain a conviction, and so any interview you have with them will be designed to get you into the court.
You may have been falsely accused of a crime
There are many cases where people have been wrongly accused of being involved in a criminal case. Sometimes your banking information has been used, or perhaps your name has been suggested to prosecutors, despite you having no involvement and not even being aware of this. Otherwise, maybe your name has been used fraudulently for financial benefit. If this is your situation, then a competent and experienced criminal defence solicitor should be able to get your case dismissed.
There have been occasions where the prosecution has attempted to charge a person with murder or another serious crime to find out who was involved. An excellent legal team would be able to recognise whether this is a case of the prosecution throwing mud to see what sticks.
Without a lawyer, you cannot find out more until the interview
Even if you are arrested, you’re quite unlikely to find out why you’re being accused or investigated until you attend your first police interview.
In a case such as this, it’s crucial to engage with a solicitor before you attend the interview. The solicitor will be able to gain access to further information about the investigation. In combination with information provided by yourself, the criminal defence solicitor can use this information to construct a defence for you.
Many people find it frustrating that the police gain permission to look into all areas of your life to obtain evidence. This investigation may include your social media accounts to your bank account to your NHS records in addition to all your contacts and relationships.
Instruct a legal professional as soon as possible
We recommend that you do not attend any police interview without being supported by a proficient criminal defence solicitor.
The questions that are asked at the interview are likely to be very probing. You may be shown evidence that the police have obtained to prove their case against you. The interview will be high pressure, and you may find it very upsetting.
At the end of the interview, you may be charged with the crime.
What should you do if you get arrested or charged with a serious crime?
The law in England and Wales can be very complicated. Although you aren’t obligated to take legal representation, we recommend that you do so. British law is always changing, and without being constantly on top of what these changes are, it is hard to stay current with them and to understand how they can be used to support your defence case.
What makes the difference in engaging a criminal defence solicitor is that they have in-depth knowledge of the law, and they have acquired relevant and valuable experience in similar cases. They will know how they may be able to get you off a charge of this nature. You are supported throughout the entire process so that you get the best possible outcome.
Hiring specialist knowledge will give you peace of mind. We advise that you get in touch with us as soon as you can so that we can assess your case before it develops further.
Can the police search my home?
The police will request the courts for a search warrant so that they can legally search your home and possibly your workplace for evidence. They will search for evidence on phone bill statements, money transfers and unexplained assets. They may put you and your family and connections under surveillance. They will want to speak to people that know you, including your employers.
Could you go to prison?
Any serious offence comes with severe punishment if you are convicted.
The sentence that you receive from the judge will be in line with how serious the offence is and what part you played in the crime.
Of course, this is a very worrying time for both you and your family. It’s vitally important that you take the right steps to protect the well-being of you all.
It’s imperative that you engage a criminal solicitor or fraud lawyer who handles fraud cases regularly.
What type of sentence could you get?
Serious crimes have varying sentences depending on the role you played, the damage done, the level of trickery and sophistication used and the previous case law or sentencing guidelines available.
However, sentences will vary from community based work for free to lengthy terms of imprisonment. In addition, you me be fined, be ordered to pay compensation and also have your assets frozen to be confiscated from you after the case finishes.
What mitigating factors may be considered in sentencing?
Mitigating a sentence to get the most lenient sentence permissible in law is a fine art. Your criminal defence solicitors will have substantial expertise in mitigating sentences and will have devised a plan and a strategy to get the best sentence possible.
In doing so, they will gather information and evidence of your previous convictions, your standing in the community, your roles and responsibilities in your family life, your medical information and many other factors which a judge will look upon favourably to distinguish you and conclude that you are not someone who is likely to commit crime again and a lesser sentence is sufficient to punish you.
Our criminal defence solicitors focus entirely on avoiding a prison sentence as we know how destructive this is likely to be for you and your loved ones.
Will you get a criminal record?
If you are convicted of a criminal offence, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the type and the length of the sentence.
Additional endorsements may be applied for fraud and sexual offences. Such as, the duty to notify the probation service of your whereabouts and for example, being disqualified from being a director of a company.
How Can Stuart Miller Solicitors Help?
We handle serious cases regularly and our criminal defence solicitors have deep expertise. We can help you by recommending the best course of action to take to mitigate the outcome. No matter what size your case is, get in touch.
Most clients who seek the advice of our expert criminal defence solicitors fail to understand that it is the prosecution who ‘must prove the case’ to convict you. It is for the prosecution to prove, so that the jury is no less than sure, beyond any reasonable doubt in their mind, that you are guilty of the crime you are accused of undertaking.
You need guidance and legal advice from criminal defence solicitors who have a proven track record of success (see our cases) who will go over and beyond the call of duty to try and win your case.
Especially when the stakes are so high, where there is the very real possibility of a lengthy term of imprisonment, where a lifetime in prison is more than certainly to follow the main case and where there is an unimaginable impact of your family members; you must be sure your criminal defence solicitors are creative problem solvers, are experienced and knowledgeable, are right by your side throughout the case and most of all, are absolutely committed to win.
Our criminal defence solicitors are experts at unravelling complex and substantial volumes of evidence often associated with serious crimes. We have a solid and definite history in successfully defending allegations and we stop at nothing to find valuable defence evidence to strengthen your defence. Whilst we usually adopt a worst-case scenario position, you can be sure that shortcuts have not been taken and we will go as far as possible to evaluate the likely defence strategies of others bring prosecuted in the same case.
One of the biggest fears of an experienced criminal defence solicitors defending these allegations is the uncertainty of what other accused in the case will say, whether they will blame you and whether they will produce evidence in their own defence which will adversely affect your case. Our criminal defence solicitors have defended cases for decades and always start very early on to build the profile and the likely strategy of others accused from the beginning.
What will happen when I instruct a criminal defence solicitor?
We offer a dedicated solicitor, barrister and caseworker to each case, which will ensure an outstanding level of customer service throughout. You can be sure that someone will always be available to assist you, and there is more than one legal mind being applied to the issues in your case.
Also, we use only the best mobile phone experts and only the most competent financial experts to study, analyse and evaluate the evidence to provide useful defence evidence or discredit the prosecution’s evidence.
The taking of action very early on for any legal case is what increases the chances of success. Some prosecutions are intimidating, complicated and need skilful advice at every crossroads.
Would you like to discuss your case before instructing us?
If you’d like to have a no-obligation chat with us before you instruct us to take your case, then call us today.
Please contact our criminal defence solicitors to arrange your meeting, whether face to face, online or by telephone. If you prefer, you can also send us a WhatsApp message using the link on this page.