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  • Criminal Law

Criminal Law

If you have been arrested, it is important you seek legal representation. You may be invited to a police station to be interviewed. You are entitled to have a solicitor present and to consult with your solicitor prior to the commentcement of the interview.

If you have been charged and released from a police station on a bail undertaking, you should contact us immediately.  A bail undertaking is a promise that you will attend court on the date give, if you do not attend a warrant may be granted for your arrest.

If you have been charged and released pending a report to the Procurator Fiscal, you may be cited to attend court.  You will receive a citation with a copy of the allegations against you, a summary of what it is alleged you have done, and a date to attend at court. At this hearing you will be asked if you are pleading guilty or not guilty.  If you received a citation to attend court, you should contact us straight away.  If you fail to attend on the date, or are not represented by a solicitor, a warrant may be granted for your arrest.

If you plead guilty to the charges against you, the matter will be dealt with immediately, with the court hearing the details of the incident from the procurator fiscal, and information in mitigation from your solicitor before sentencing.

If you enter a plea of not guilty, the case will proceed to a trial.  

When you appear from custody at court, or on a bail undertaking, you may be released on bail.  A person must agree to the conditions of the bail order and sign the order before they are released.  A breach of bail is a separate criminal offence.

The standard conditions of bail are:- 

  • An accused person must attend court on each date the case is to call;
  • The accused must not interfere with witnesses or do anything to obstruct the proper conduct of the case;
  • The accused must not do anything that may cause distress or alarm to witnesses
  • The accused must make himself available to enable court enquiries or reports to be made
  • The accused must not commit any offences while on bail

You may also be asked to agree to special conditions of bail.  The most common type of special condition prohibits contacts with or approaches to particular persons, usually the alleged victim of the crime.  You may also be placed on a curfew, requiring you to be within your home address between certain times.  A breach of your bail order is a separate criminal offence.

If you are unemployed or on a low income you may be entitled to legal aid. At the first appointment we shall assess your eligibility for legal aid. If you are not eligible for legal aid we offer payment plans to spread the cost of your legal fees.

 

 

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