A Police Station interview - do I need Legal Representation?
It is becoming more and more common for the police not to arrest suspects, but rather to invite them in for a voluntary interview. Often a police officer will play this down, choosing to describe it as a “chat” – a tactic designed to avoid scaring you and for you not to consider the end result: that you could end up charged and in court facing prosecution.
Legal advice at the police station is always free of charge. Because we know the way things can go with a conviction potentially being career-ending, we at SMART Criminal Defence would always advise that you seek legal representation before the interview.
Will I look guilty if I seek legal representation?
It is a common myth that you will look guilty if you obtain legal representation for your interview. For this reason, the police are obliged to advise you before they start any interview that you have the right to a solicitor. Also, every custody suite in the country is obliged to display a notice informing you of your right to independent legal representation.
There is absolutely nothing wrong with you making sure your legal rights are protected and you will not look guilty by doing this. Too often we see suspects after their interview and must explain to them the damage they have done by carrying out the interview without proper legal advice – damage which we will always seek to limit but which is very difficult to undo.
So, please do not make that mistake.
Why do I need a solicitor?
If you decided to carry out the interview on your own, you may have no more than a suspicion of what you will be questioned about, but often little or no more than that. You will in effect be going into an interview blind. The police are trained to ask questions and illicit information which may well end up criminalising you.
Should you instruct us, we will speak to the officer before your interview. We will obtain as much detail about the allegation as possible, often asking decisive questions to ensure we know as much about the evidence as possible. Not only this, but we will discuss possible outcomes with the officer – something which will be of paramount interest to you.
Following this, we will have a private consultation with you. We will tell you everything we have found out from the police. After this, we will take the time to listen to what you have to say about the allegation. We understand that complainants often only tell the police what they want them to hear, choosing to hold back on the parts which they fear will undermine their allegation – the bits that are helpful to you!
Then finally, we will provide you with comprehensive legal advice based on the information we have before us and on our years of experience.
What happens after the interview?
It is not unusual for your interview to lead to the police having to make more enquiries. Often this will make you feel as if you are in limbo. We recognise this and are always proactive in regularly following up your case, doing all we can to bring it to a conclusion as soon as possible. This may well involve further consultation with yourself to decide if there are matters we should be bringing to police attention – work designed to minimise the chances of you being charged with a criminal offence.
So, if you are asked to speak to the police as a volunteer, or if you are arrested for an offence, please make sure you protect your legal rights by contacting SMART Criminal Defence.
We would warmly welcome an enquiry via our Contact page or call us free of charge on 0333 200 8581. We pride ourselves in getting back to all enquirers promptly.
