How often do you speak to lawyer of solicitor? Quite rarely I should imagine. Apart from those areas where they directly affect our lives, like when we want to buy a house, or write a will, there seems to be no reason to bother them. Sometimes, however it is desperately important to have a solicitor with you to make sure you don't make a bad situation worse. If you have been arrested for a crime, for example, then it is imperative that you get legal advice as soon as possible.
This is because everything is recorded and may be used in evidence should you be charged and the case goes to trial. A mistake at the beginning could have consequences in the court room. If you are arrested or invited to attend the police station to be interviewed under caution, the best policy is to contact your solicitor. We have all heard the phrase "You do not have to say anything, but anything you do say may be taken and used in evidence" when we have seen people arrested in crime programs on the television, but they don't always include the following part: "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." This bit is very important. It may be your natural inclination to say nothing, but a solicitor will be able to advise you which is the best policy. If you are to be interviewed by the police, you have a right to have legal advice. This can be supplied free if you cannot afford, or do not know, a solicitor.
On arrival to the police station, your solicitor will be given the police's accusations and the evidence they have to support them. This is known as disclosure. Then they will be allowed to speak to you about the allegations. This conversation is entirely confidential and may not be overheard by the police. The solicitor will be able to advise you as to what questions you should answer. In fact, you do not have to answer any of the interview questions, but it might harm your defence if you do not. After the interview with the police is over, you might be bailed, summonsed, charged, or there will be no further action taken. Depending on how the police decide to proceed, the solicitor will be able to advise you about your course of action.
The main criminal court in Scotland is called the Sheriff Court. They deal with some of the lesser criminal activities that people are accused of. There are two types of trial in a Sheriff Court - Summary, where the Sheriff sits and judges the case alone, or Solemn, where they sheriff judges the case with a jury of 15. Summary cases tend to be relatively minor offences such as motoring offences. Solemn cases tend to be more serious offences like burglary and assault. Depending on your circumstances, you could be eligible for legal aid. Your solicitor will advise you about what to expect, which will depend on the crime your are accused of. If your case is a serious crime, then you may be referred to the High Court immediately, or the court may adjourn to a later date after hearing the charge, so that you can prepare your defence, or the prosecution can prepare their case. If it is not a serious case, it could be dealt with on the day, especially if you choose to plead guilty. If you plead guilty, you could expect a reduced sentence or fine.
If it is a serious charge, your case could be sent to the high court straight away. In the High Court, your case will be heard by a judge and fifteen jurors. The prosecution will always present their evidence first and then your defence barrister will be able to respond to the allegations and present his evidence of your innocence. The judge will then give a summary of both sides to the jury and perhaps guide them as to what verdicts they should consider. Normally a unanimous verdict is called for, but if the jury cannot agree, then often a majority verdict will be accepted. If you are unfortunate enough to be found guilty, your barrister may present mitigating evidence about your circumstances to try to get a lesser sentence for you.
In all these cases your defence team, the barrister and your solicitor will have your best interests at heart and give you the best advice they can. Whilst nobody would want to be accused of a serious crime, finding a good solicitor in the first instance can be the best way forward, and can prevent you from making mistakes at the interview stage.
This is because everything is recorded and may be used in evidence should you be charged and the case goes to trial. A mistake at the beginning could have consequences in the court room. If you are arrested or invited to attend the police station to be interviewed under caution, the best policy is to contact your solicitor. We have all heard the phrase "You do not have to say anything, but anything you do say may be taken and used in evidence" when we have seen people arrested in crime programs on the television, but they don't always include the following part: "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." This bit is very important. It may be your natural inclination to say nothing, but a solicitor will be able to advise you which is the best policy. If you are to be interviewed by the police, you have a right to have legal advice. This can be supplied free if you cannot afford, or do not know, a solicitor.
On arrival to the police station, your solicitor will be given the police's accusations and the evidence they have to support them. This is known as disclosure. Then they will be allowed to speak to you about the allegations. This conversation is entirely confidential and may not be overheard by the police. The solicitor will be able to advise you as to what questions you should answer. In fact, you do not have to answer any of the interview questions, but it might harm your defence if you do not. After the interview with the police is over, you might be bailed, summonsed, charged, or there will be no further action taken. Depending on how the police decide to proceed, the solicitor will be able to advise you about your course of action.
The main criminal court in Scotland is called the Sheriff Court. They deal with some of the lesser criminal activities that people are accused of. There are two types of trial in a Sheriff Court - Summary, where the Sheriff sits and judges the case alone, or Solemn, where they sheriff judges the case with a jury of 15. Summary cases tend to be relatively minor offences such as motoring offences. Solemn cases tend to be more serious offences like burglary and assault. Depending on your circumstances, you could be eligible for legal aid. Your solicitor will advise you about what to expect, which will depend on the crime your are accused of. If your case is a serious crime, then you may be referred to the High Court immediately, or the court may adjourn to a later date after hearing the charge, so that you can prepare your defence, or the prosecution can prepare their case. If it is not a serious case, it could be dealt with on the day, especially if you choose to plead guilty. If you plead guilty, you could expect a reduced sentence or fine.
If it is a serious charge, your case could be sent to the high court straight away. In the High Court, your case will be heard by a judge and fifteen jurors. The prosecution will always present their evidence first and then your defence barrister will be able to respond to the allegations and present his evidence of your innocence. The judge will then give a summary of both sides to the jury and perhaps guide them as to what verdicts they should consider. Normally a unanimous verdict is called for, but if the jury cannot agree, then often a majority verdict will be accepted. If you are unfortunate enough to be found guilty, your barrister may present mitigating evidence about your circumstances to try to get a lesser sentence for you.
In all these cases your defence team, the barrister and your solicitor will have your best interests at heart and give you the best advice they can. Whilst nobody would want to be accused of a serious crime, finding a good solicitor in the first instance can be the best way forward, and can prevent you from making mistakes at the interview stage.
About the Author:
Are you looking for the best way to find the best Glasgow solicitors? Then visit bestglasgowsolicitors.com to get the best advice on finding the right solicitors in Glasgow for your needs. There are so many specialist areas of law and choosing a lawyer who is not an expert in your kind of case could cost you your money.
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