If a person is to be interviewed as part of a criminal investigation, we can advise individuals whether they are being interviewed as suspects or witnesses. The difference between the two is vital and we will ensure that you are clear from the very outset as to how you are to be treated by the authorities. We will ensure your position is protected at all times.
I have been arrested and taken to the police station, what should I do?
Our expert lawyers know that being proactive from the moment a client arrives at the police station, has the best chance of achieving the best outcome for the client. We will obtain information about the investigation and then advise you as to the procedure at the police station and ensure you are treated fairly throughout. We will advise you clearly as to the best strategy to adopt at the interview, including whether to answer questions or not, or whether to put forward a written statement setting out your case.
We have an outstanding reputation for high quality client advice at the police station. Our pro-active nature ensures that the best possible outcome for the client is at the heart of all we do.
Can I discuss my case initially with you, free of charge?
Of course. We fully understand that you need to feel confident in your legal team, and so instructing the right team is key. We are happy to discuss your case and concerns as well as setting out how we can assist you.
A Restraint Order can be obtained before a person is charged with a criminal offence. The Restraint Order will prevent you from dealing with assets which are specified in the Order. You will be required to serve a statement setting out your income and assets. Early legal advice is vital. We can advise you on the legality of the Order, drafting the statement of assets, as well as applying to the Court for variation or discharge of the Order. A Restraint Order can have potentially devastating effects on an individual or business. We will act swiftly to ensure that any necessary applications are made to ensure that you can continue to meet living expenses and/or trade.
A summons is the formal issuing of prosecution in the Magistrates’ Court, and it should detail a summary of the alleged facts. It will require you at attend Court on a specified date. It is important that you seek legal advice as soon as you receive the summons. If you do not attend Court when required, the Court could issue a warrant for your arrest. We will advise you as to the charges contained in the summons, as well as represent you at Court and explain how the case is likely to proceed.
The Proceeds of Crime Act 2002 gives a police officer or Revenue and Customs Officer the power to seize cash, and then apply for its forfeiture. It can only be seized if it is £1,000 or more and the officer has reasonable grounds for suspecting that the cash has been obtained through unlawful criminal conduct or it I intended for use in unlawful conduct. Once the cash has been seized, the prosecution can only retain the cash for 48 hours before they need to apply to the Magistrates’ court for the continued detention of the cash. The Court can only grant a period of detention for a period of 6 months at any one time, up to a maximum of 2 years. You can apply, at any time, for the return of the cash. In order for the cash to be forfeited, the prosecution have to show on the balance of probabilities that that cash was obtained through unlawful conduct or is intended to be used in unlawful conduct. Early legal advice is important in order to ensure that the cash has been seized legally, and secure its return as soon as possible.
Our Serious Fraud Solicitors are backed by four decades of experience with Bribery and Corruption cases. Our legal practice and team of Serious Fraud Solicitors have a strong track record of achieving the best possible results. For expert legal advice use our contact form or call us on 0808 231 6369 today.