Question:What are the stages of a criminal case?

What are the stages of a criminal case?

Arrest- An arrest occurs when a person has been taken into custody and is not longer free to leave. The use of handcuffs is not necessary. The key to an arrest is the exercise of police authority over a person, and that person’s voluntary o...

What are Pre-trial Stages of a Criminal Case

A criminal case consists of a number of phases, from the initial arrest to sentencing and possible appeal. The following is an overview of what to expect during the pre-trial phase of a criminal case. Arrest ･ A person is taken into police ...

What are the different stages of a criminal case?

The criminal justice process begins as soon as a person is arrested.  Determining what constitutes a valid arrest raises many issues that can affect the constitutional rights of the defendant.  An arrest generally takes place when the polic...

Does he really need a criminal solicitor at this late stage? (Criminal Damage case)?

Q: Hi there,My husband is due in court on the 31st of May for a trial alleged Criminal Damage following an RTA. They have one independent witness, we have circumstantial evidence and my husband’s word. He had been represented by a “friend of the court” legal representative but sadly he turned out to be really unreliable and with great intentions but never turned up on several court appearances. We are now nearly two weeks away with no representation and my husbands not very good under pressure. We have a couple of options and have been speaking to a solicitor who charges £200ph and has quoted £2350 to finish the case off. This is a lot of money and at this late stage, will it really help do you think? Unfortunately we do not qualify for legal aid despite my husband being signed off sick for the majority of this year and funds are extremely tight. Need help!! What's he facing with one previous "spent" conviction if found guilty? Don't know what to do for the best?Yours, LozThanks for your answers so far guys!My husband says he was hit from behind by a taxi driver who wasn’t watching the road carefully. The taxi driver says my husband reversed into him. Medical reports confirm whip lash and quite a big impact! My husband is then alleged to of then got out of his car and repeatedly punched the windscreen several times until smashing it. Without even cutting his hand or breaking it! No blood evident on photo’s and my husbands an engineer and went back to work the next day without injury. His statement he made straight after has gone missing and they have a witness. It sounds like an insurance job to me but it’s still my husbands head on the block. With a spent conviction for CD it doesn’t look good does it? Also we are nearly two weeks away from trial so it’s a case of who would take this case on at this late stage too. Sols predicts that cost would cover the case but who knows? Sol on hols for trial so he'd have a barrister.

A: It sounds as though you really don't have the funds to pay this fancy solicitor. Presumably you'd be paying VAT on top of his charging rate of £200, which will jack it up considerably. When a person is unrepresented in court, then the clerk of the court will assist as far as possible in suggesting lines of questioning. There is no guarantee that having a lawyer will win the case. Did your solicitor sound optimistic? Did he take instructions or just quote a fee? Was this £2350 (which sounds as though it does include VAT) a maximum, or just a vague estimate, as sometimes cases are adjourned, sometimes you have to return for sentence, etc. etc. and far more hours can be clocked up than you ever thought possible. Perhaps if you have a law centre near you you could go along and ask how best to handle this case. Otherwise, you and your husband could go through the facts in advance, write notes on what questions you need to ask the other side and what points must be brought out in support of your husband's case. (The vagueness of the question does not enable me to be more precise than that). He can refer to his notes in court (with permission) and perhaps this will stop him going to pieces under cross examination. If he is charged with criminal damage to a vehicle, the offence consists of:Deliberately, or recklessly, destroying or damaging a vehicle that belongs to someone else.If by any chance he is charged with racially or religiously causing aggravated criminal damage to a vehicle this is comprised of:deliberately, or recklessly, destroying or damaging a vehicle that belongs to someone else, where there is a racial or religious motive to the offence.Just hang on to the fact that the prosecution have to prove deliberate damage or criminal recklessness. What does he have to say for himself in this? Plan the defence accordingly.