Frequently Asked Questions for those arrested

If you’ve been arrested, it’s normal to feel anxious or overwhelmed. Here’s a guide to help answer the most common questions and provide clarity about your rights and options.

What should I do if I’ve been arrested ?

First, remain calm and respectful. Exercise your right to remain silent until you’ve consulted with a solicitor or Legal Representative. You are entitled to free legal advice, and it’s crucial to speak with a Legal Representative before answering any questions.

Do I need a solicitor if I’m arrested?

Yes. Having a solicitor ensures your rights are protected and that you don’t inadvertently incriminate yourself. Solicitors are experienced in dealing with police interviews and can provide invaluable guidance.

Can I choose my own solicitor?

Yes, you can choose your own solicitor. If you don’t have one, the police will offer a duty solicitor. While the duty solicitor is free, you may prefer to contact a solicitor with specific expertise in your case.

What happens during a police interview?

A police interview is a formal process where officers ask you questions about the alleged offence. It will be recorded, and you will be cautioned, meaning anything you say can be used as evidence. Always consult your solicitor/ Legal Representative before answering questions.

How long can the police keep me in custody?

In most cases, the police can detain you for up to 24 hours without charging you. For serious offences, this can be extended to 36 or 96 hours. After this period, they must either charge you or release you.

What should I do if I’m released under investigation (RUI)?

If released under investigation, avoid contacting anyone related to the case. Follow any restrictions or conditions set by the police. Seek legal advice to prepare for any further actions by the police or Crown Prosecution Service (CPS).

What is bail, and how does it work?

Bail allows you to leave custody while the investigation continues, usually under certain conditions, such as not contacting specific individuals or adhering to a curfew. Failing to follow bail conditions can result in re-arrest.

What happens if I’m charged?

If charged, you will either be released on bail or remanded in custody until your court hearing. You’ll receive a date to appear in court, and it’s essential to have a solicitor represent you during these proceedings.

Can I challenge the evidence against me?

Yes. Your  Gilbert & co can review the evidence disclosed by the police or CPS and identify weaknesses in the case against you. They can also present mitigating factors or argue for charges to be reduced or dropped.

How do I contact a solicitor in Acton?

You can contact a local solicitor specializing in criminal defence. Gilbert & co can offer 24/7 assistance for arrests. If you’re already in custody, request access to a solicitor through the police.

Will a criminal record affect my future?

A criminal record can impact employment, travel, and housing. If you’re concerned about the long-term effects of your case, discuss options like challenging the charges or seeking alternative resolutions with your solicitor.

What is the role of the CPS in my case?

The CPS decides whether to prosecute based on the evidence and public interest. Your solicitor can submit written representations to the CPS to argue against prosecution or suggest alternative resolutions.

How can I prepare for court if my case proceeds?

Work closely with your solicitor to understand the charges, review evidence, and prepare your defence. Gather any supporting documents or witnesses that may strengthen your case.

Can charges be dropped before court?

Yes. Charges can be dropped if the CPS determines there is insufficient evidence or it is not in the public interest to proceed. Your solicitor can advocate for this outcome by presenting a strong argument in your defence.

What areas do you cover ?

We cover Hammersmith, Acton, Wandsworth, Colindale, Kilburn, Brixton and more areas call to enquire.