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Solictors not heard from police

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Poppop

Member since
September 2023

70 posts

Posted Wed April 10, 2024 1:23pmReport post

Hi

My son as been charged, two weeks ago

He as spoken to the solicitor who say they can't do anything, as no paperwork

Is these normal of solicitor, it was a duty solicitor when arrested

He spoke to the firm after the arrest once,but nothing more

Should he start looking for another solicitors or is these normal



In magistrates court beging of May

rainyday52

Member since
April 2023

450 posts

Posted Wed April 10, 2024 1:51pmReport post

I think that you have to instruct a solicitor and pay them something, which could be a deposit or a lump sum. This would apply to the duty solicitor if you wanted them to be your solicitor for future advice and representation, in which case they would receive any paperwork. It sounds as if your person used the duty solicitor when arrested but, unless he then instructed them to act in the future, his relationship ends after that one visit to the police station.

The same thing applies to court hearings - unless you have your own solicitor hired to represent your person, who would know all about the case and had already received all the paperwork from the police, your person would have a duty solicitor working at the court who would represent him on the day but would only see any paperwork literally that morning. Sadly it all comes down to whether you can afford to instruct a solicitor or you are eligible for legal aid and can find a solicitor who accepts legal aid cases.

Sorry if I've misunderstood what's happened in your case but hopefully the above info is helpful to clarify things. When your person goes to court there will be a duty solicitor there who will speak with him and then represent him.

Ocean

Member since
September 2023

772 posts

Posted Wed April 10, 2024 7:31pmReport post

Hi, I'm sorry you have found yourself joining us on here. My son also had the duty solicitor when he was arrested. When he contacted them a few weeks later to find out what he should be doing as far as finding another solicitor he was advised that he didn't really need a solicitor again until he was charged. He did just that and contacted them again when he received his charges 20 months later and they then took on his case.

In hindsight we may have been better off paying for a solicitor all the way through as our solicitor didn't get the paperwork until just before court but we'll never know for sure whether it would have made any difference to the outcome.

Jayjay

Member since
December 2021

695 posts

Posted Thu April 11, 2024 12:44amReport post

You really need a solicitor to be present for first court hearing to look over the evidence and advise you.
2 weeks from charge to plea hearing is very quick! Ask solicitor to contact oic to send paperwork. By paperwork do you mean evidence, as we didn't get this until an hour before the plea hearing.

we used duty solicitor, no problems x

Edited Thu April 11, 2024 12:45am