My 16 year
old son has been arrested for causing criminal damage. What should
I do?
All children under 17 are entitled to have an
appropriate adult with them at the police station. In addition,
they are allowed to be represented by a criminal solicitor. Even if
they haven’t asked for legal advice themselves, as a parent you can
arrange for a criminal solicitor to be called on their behalf. Call
our specialist criminal solicitors on 0800 437
0080 as soon as possible (or if outside office hours, call
our emergency hotline free on 07659 111192) and we
can act for your son at the police station.
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Do I really need legal advice if all I want to do is
explain what happened?
If you have been arrested then the police will
already be considering whether or not you should be prosecuted.
Whatever your circumstances, it is vital that you take advantage of
your entitlement to legal advice to ensure that your side of the
story is put across effectively. In addition to advice on answering
police questions, your solicitor can also help answer any queries
you might have about the police inquiry and what to expect. Advice
can be given over the phone within minutes. Attendance at prison is
available also.
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Am I obliged to answer police questions?
If the police suspect that you are involved in
criminal activities then they should caution you before conducting
a formal police interview. Interviews under caution are normally
held at a police station and are recorded for future reference.
Before the interview begins your solicitor will obtain further
information about the allegations against you and will discuss them
with you in private. You do have a right to remain silent when
questioned under caution, and your solicitor will be able to advise
you whether or not this is in your best interest.
If, on the other hand, a police officer asks
you questions without cautioning you, then you are not generally
obliged to answer them. However, it is normally advisable to
provide the police with your personal details if asked. Also, in
certain specific circumstances, it can be an offence not to
disclose certain records or information to the police, or to refuse
to answer certain questions. If you are involved in a police
investigation then you should ask your solicitor to advise you on
the best approach.
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Are the police allowed to stop and search me in the
street?
A police officer is allowed to stop and search
you in the street if they have reasonable grounds for suspecting
that you are in possession of certain items. The police officer
should explain their reasons for wanting to search you and also
your right to a written record of the search. In some
circumstances, however, such as when terrorist activities are
suspected, then police powers are much wider and there need be no
reasonable grounds for suspecting that you are carrying the items
concerned.
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I’m concerned that the police may search my premises.
What are my rights?
The police are allowed to search your home or
business premises if they have a warrant, and in some cases, such
as immediately following an arrest, they may be able to search
without a warrant. Although you do not have the right to be present
during a police search, the police must not cause more disruption
than is absolutely necessary and they should provide you with a
list of anything taken. If they do not require something for the
purposes of their investigation then it should be returned to you.
If you feel that the police have caused unreasonable damage or have
seized property unjustly then you should consult your solicitor
immediately.
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How long can I be kept in custody?
You can normally be detained by the police for
up to 24 hours without being formally charged. If the case concerns
a serious criminal offence then this can be extended to a maximum
of 36 hours, or up to 96 hours with the authorisation of a
Magistrates Court.
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Will I be able to get bail?
You will normally be able to get bail unless
the court has reason to believe that, if you were released, you
would commit further offences, interfere with witnesses or fail to
attend court when required. However, if you are granted bail then
there may be conditions attached, which you will be required to
fulfil.
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I have been found not guilty but have suffered serious
personal damages as a result of my arrest. Can I claim
compensation?
It is sometimes possible to claim for damages
following false imprisonment or malicious prosecution. Also, if you
feel that you have been victimised or mistreated during a criminal
investigation, then you may be able to seek redress. For an
informal chat with one of our experienced claims
solicitors, call 0800 437 0080.
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What will it cost to seek the advice of an experienced
solicitor?
Everyone is legally entitled to free advice at
the police station. If you have to go to court depending on your
means and the seriousness of your case we may apply on your behalf
for a Representation Order which will be publicly funded. If we
cannot secure free representation for you, or if you would prefer
to instruct us privately [LINK], we offer competitive private
client rates.
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How do I contact you?
If you want to talk to us about a criminal
investigation then please call 0800 437 0080 or
alternatively complete an online enquiry form. So that we can put you in
touch with the right person as quickly as possible, it would help
us considerably if you were able to give a brief outline of your
problem or query.
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