Family and Friends Forum

Hi. It's my young adult son and he has a solicitor. First chat with him in October 2020. Just been informed last week that police now ready to interview -first interview since devices seized. The solicitor said back in 2020 he would be there. Last week, his paralegal rang to say he was now coming along. Is this right?

I also recall doing some digging back then and reading that legal aid was not available for these cases. The solicitor also mentioned this when we first spoke, so we went for an agreed fee upfront (about £3500) He said this would take us up to the 1st interview. My son has a severe physical disability and cannot work. He is on benefits. Now I'm reading on here that some are accessing legal aid. Have we been wrongly informed?

Also, is it right and fair to send the paralegal to represent you at police interview?

We attend next Week and still have no idea what the evidence is. I wondered if the solicitor will get disclosure before the interview takes place. It's been a rotten 16 month wait and now we feel we've just been hit with it all over again. Thank you.

Thanks so much for your reply. I'm worried now about that but you've only said what I was thinking myself. I don't think it's on to send the paralegal. I've been reading up on the role from the law society and it's really confusing. one source says they can't give legal advice whereas another says they can advise you on matters such as going to courst etc, especially if you can't afford a solicitor. I can ring round solicitors now but I doubt I'll get one who can represent him by Wednesday next week. I've got no idea if the interview can be rescheduled either. Thanks again.

Thanks Sadmum for your reply. It sounds as if you've had a lot more input than us. We had 1 zoom call in October 2020 to discuss what was happening. The firm has excellent reviews, and the solicitor gave us a slightly reduced fee than what they'd normally charge on account of son's disability & benefit status. We were told then that we just had to sit tight & wait for the police. We had 1 telephone call from the paralegal in Jan 2021, to say that they'd heard nothing. That was it until last week. The police officer dealing with the case has been changed - new chap rang me to request interview date, said he'd call the solicitor. Next thing, paralegal rang me to give me the news of date. That was it. Are they supposed to put together a case or anything before the interview? I suppose they need the evidence etc first to know exactly what he is facing. There are mitigating circumstances that I feel we haven't had a chance to discuss yet.

Son has been having regular counselling sessions with an experienced profesisonal in this field which should be a positive for any court case, more importantly, it has benefitted him.

So, aside from the initial zoom call with solicitor, we've had nothing really. Feeling totally unprepared for Wednesday, that's for sure. The police /DC asked me if my son needed an appropriate adult to sit in on the interview. I explained how he is sensible but very slightly immature/not as worldy wise as he should be. DC said sounds like he needed an adult then. However, paralegal asked the same when he rang with interview date. I said same to him. He said he'd call and speak to son and assess him himself. I wasn't happy with that as that's not a true appraisal.

Also, he was supposed to call us this week and he hasn't. There's only 2 working days left before Wednesday! I've emailed this morning to remind him. I do feel it's too late to find anyone else to represent us now. I had faith in the firm, and the solicitor and we've not been told why he's not attending the interview.

I know. At the time we were in a state of panic! Did some research, called several firms and chose one. If I remember rigthly, we were told by all the firms that because devices were seized by the police, there was no legal aid to fund representation at that stage. So, I think you are right - nothing really for a solicitor to do until interview stage. So I presume the fee was for that time-this time now, and they did say it will take us up to the court stage if that happens. So I guess after the interview they will then have to do all their work and prepare a case once we know what's happening. Not sure what other people do. Maybe we could have held off but all the firms said the same - was to be an upfont fixed fee.

Thanks lee1969. Just waiting for a local firm to ring me back with advice. The secretary that dealt with me also said about the fee- said we shouldn't have been asked to pay that prior to an interview. Also said he was entitled to a duty solicitor at station- I know that of course but we just felt if we had someone from a firm that did these types of cases as not all do, then that might be better for son. He's in a living nigthmare that he's going to prison. He's 25, in a wheelchair, can't walk, barely stand to transfer, and needs a lot of help. He'll not get that in prison.

Now I feel like a fool for paying the fee. And it's out of savings that we can barely afford.

Thanks for the advice. Managed to speak with a local firm who does deal in these cases. She was lovely, had the same opinions as on here as to why we paid upfront. However, she wasn't that concerned about the paralegal- they wouldn't send such a person but she said as we've paid and the interview is imminent, just go with it and see. She said the paralegal should be fully accredited to do such work anyway so it should be ok. I still don't think he can advise legally, but I'm talking with them on Monday, and will see about answering with 'no comment' if the situation arises -seeing as paralegal cannot advise.

On a positive note, the firm I spoke with here are happy to represent if we go to court and son can have legal aid for that stage.