Frequently Asked Questions
We at Criminal Defence Solicitors understand that something's just haven't answered all your questions. Below are some of the most frequently asked questions for your benefit.
My 15 year old daughter 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, who will be on standby 24 hours a day, on our office number (020 7353 7000) or our emergency freephone number (0800
051 1067) as soon as possible and we can act for your daughter at the police station.
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.
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.
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.