Being accused of a crime is one of the most frightening experiences a person can face, and whether the allegation is minor or grave, the support of an experienced criminal defence solicitor from the earliest possible moment can make a measurable difference to the outcome.
Anyone can find themselves under investigation, often without warning and often for something they strenuously deny, and what you do in the first hours and days matters. This article explains what a criminal defence solicitor does at each stage, how cases progress through the courts, how representation is funded, and what to look for in the firm you choose.
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“I cannot fault my experience with Johnson Astills Solicitors. Throughout this difficult time I was made to feel secure, supported and validated – money can’t actually buy these things.”
What Does A Criminal Defence Solicitor Do?
A criminal defence solicitor’s role begins long before any courtroom. During the investigation stage, your solicitor advises and represents you in police interviews, presses for disclosure of the evidence, makes representations aimed at persuading the police or Crown Prosecution Service not to charge, and advises on bail and any conditions imposed. Investigations are not confined to the police; HM Revenue and Customs, local authorities and regulatory bodies all conduct interviews under caution, and the same protections and the same need for advice apply.
If a case is charged, the work becomes preparation and advocacy. That includes analysing the prosecution evidence, identifying its weaknesses, gathering defence evidence and witnesses, instructing experts where needed, advising honestly on plea, and presenting your case in court. Where a conviction or sentence is wrong, a criminal defence solicitor’s role extends to appeals.
How Do Criminal Cases Progress Through The Courts?
Every case begins in the magistrates’ court. Less serious offences are dealt with there from start to finish. The most serious are sent to the Crown Court, and a middle category can be heard in either, with decisions about venue carrying tactical consequences in respect of which advice matters.
At the first hearing you will be asked to enter a plea, and an early admission where appropriate attracts the greatest credit against sentence, which is one of several reasons a realistic assessment of the evidence before that hearing is so important. Contested cases proceed to trial, before magistrates or before a jury depending on the court, and sentencing exercises in either court are hearings in their own right, where well prepared mitigation genuinely changes results.
How Is Criminal Defence Funded?
Legal advice and representation at the police station is free to everyone, regardless of income, under the legal aid scheme. For any pre-charge engagement with the police we offer fixed fee advice. For court proceedings, legal aid is available subject to a means test and an assessment of the interests of justice, and we advise on eligibility at the outset.
Why Choose Johnson Astills?
The crime team at Johnson Astills is headed by Michelle Harding, a Higher Court Advocate with over twenty-five years’ experience, and holds the Law Society’s Criminal Litigation accreditation, awarded for demonstrated competence in this field. We provide a 24-hour service for police station interviews and out of hours court hearings, because arrests do not keep office hours, and we represent clients at every stage from first interview through to the Crown Court and, where necessary, the appeal courts.
We take a proactive approach. From the moment we are instructed, we work tirelessly to protect your rights, test the evidence, and bring matters to a close as quickly as the case allows, because we understand that your liberty, reputation, and livelihood are all at stake, and that the process itself is a punishment if it is allowed to drift. Clients consistently tell us that feeling informed and supported through the case mattered almost as much as the result.
What Should You Do If You Are Under Investigation?
If you find yourself under investigation, it is usually best to usually say nothing substantive to investigators until you have taken advice. You should not discuss the allegations with witnesses, and you should preserve anything that may help your case. It is a good idea to contact a solicitor immediately, whether or not you have been arrested and however unfounded the allegation. Early advice from specialist criminal defence solicitors like ours has stopped many investigations from ever becoming prosecutions.
If you or someone close to you is facing a criminal investigation or charge, please call our new enquiries line on call us free now on 0800 059 0600 or complete a Free Online Enquiry , and we will discuss your situation in complete confidence and act without delay.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
