The role of a solicitor dealing with a criminal allegation/prosecution

[bobg]

I'd be very grateful if anybody out there with a knowledge of solicitors and their role in dealing with the period between a criminal allegation being made and the decision of the police to prosecute or not, could provide me with a few bullet points of what one would normally expect. I'm afraid I can't elaborate at the moment but may be able to in due course. If I was able to ask the solicitor in question I would have.
A pm would be fine if you prefer it
Many thanks

 

[dellzeqq]

http://www.legalombudsman.org.uk/

just a thought.......

 

[bobg]

Thanks Dell, I hadn't found that site. It's not that he's done something wrong, its just that he's done nothing... which may of course be the same thing. If I knew what was expected of him during this period, and it was clear he was failing in his duties then I could raise it with him.That's if he was ever available

 

[albion]

Treat them as paper pushes and you will soon realise that doing your own donkey work is the only way to move forwards in many matters.

 

[Trembler49]

I suspect a real solicitor, e.g. Patrick would give best advice here. As I understand it, there is not much a defense solicitor can do until the CPS decide whether or not to prosecute. It is the CPS role to gather evidence and decide whether or not to prosecute.

 

[bobg]

I suspect a real solicitor, e.g. Patrick would give best advice here. As I understand it, there is not much a defense solicitor can do until the CPS decide whether or not to prosecute. It is the CPS role to gather evidence and decide whether or not to prosecute.

I'm rapidly coming to that conclusion I think. I must be very naive but if one has info that would be valuable to the police /CPS in making that decision, you'd expect it would be a good idea to tell them.... but apparently not!
BTW Not sure if Patrick does criminal law, maybe he'll read this.

 

[buggi]

i worked for a criminal lawyer for 8 years. If the police have not charged you immediately, the CPS will have been asked to look at the evidence against you to decide if they have a case (not if your guilty, but if they can prove you are guilty). You should have been given a date to return to the police station with your solicitor to find out the outcome (or you will be informed of one). The most a solicitor can do at this stage is to take a statement, but you've probably already given a statement to the police so they probably won't take one at this stage. Until the CPS decide what to do there isn't anything for the solicitor to do, so he isn't doing anything wrong, it's just there is nothing he can do until they decide.

When you return the police will either:
- arrest, charge you and bail you to attend court (less serious offences like careless driving); or
- if the charge is more serious (like rape, murder, attempted murder, robbery or basically anything that will carry a prison term including dangerous driving) they will arrest you and take you to the next available hearing (this could mean an overnight stay in a cell) for the court to decide if bail is appropriate.

If the police don't bail you and take you straight to the next available hearing at the magistrates, the solicitor will make a bail application on your behalf to the court. After this (whether you get bail or not) he will then prepare your case and present your case for you at the magistrates (less serious offences like careless driving) or, if it's serious enough to go to crown court (rape, murder, robbery, dangerous driving, he will instruct a barrister on your behalf (solicitors cannot attend crown court, it has to be a barrister).

that's basically what to expect. pm me if you're really worried but bear in mind i have limited internet access at the moment, but anyway at the moment there is not much else i can tell you, it's just a bit of a waiting game.

 

[buggi]

I'm rapidly coming to that conclusion I think. I must be very naive but if one has info that would be valuable to the police /CPS in making that decision, you'd expect it would be a good idea to tell them.... but apparently not!
BTW Not sure if Patrick does criminal law, maybe he'll read this.

they would save any evidence that suggests you didn't do it for the court. they will leave the CPS to make up there own mind, and it may be the opinion of the solicitor that the police don't have any evidence so he wouldn't want to give them any bullets to fire. The evidence you are talking about which you may think proves you didn't do it could be just that to you, but a bullet for the CPS. The solicitor may want to let sleeping dogs lie and keep all the evidence close to his chest at this point.

 

[bobg]

they would save any evidence that suggests you didn't do it for the court. they will leave the CPS to make up there own mind, and it may be the opinion of the solicitor that the police don't have any evidence so he wouldn't want to give them any bullets to fire. The evidence you are talking about which you may think proves you didn't do it could be just that to you, but a bullet for the CPS. The solicitor may want to let sleeping dogs lie and keep all the evidence close to his chest at this point.

Thank you so much Buggi, I'll pm you if I may. My internet access is limited too ( rubbish computer) so it may take a day or so)