Imagine this scenario; you have been in the pub with a few mates, had a few pints and then noticed it was time to get home. You say your farewells and leave. An hour later you find yourself having been arrested for a criminal offence you did not commit, what do you do?
The first thing you do is say nothing, the fact that you have been arrested does not compel you to plead ignorance, it compels you to follow the instructions of the arresting officers which may be no more than a request to get in the police car. The next thing you do is to insist that you have the right to representation and you demand to seek 24 hour legal advice in Edinburgh.
Even though you know that you are innocent of the crime that the police have charged you with, you still have to go through a procedure of being charged and arraigned. The police who believe they have arrested the right suspect will be armed with what they believe is sufficient evidence to convict you for the crime. In a case like this; and this scenario is in no way fictitious, you will definitely need a solicitor who is schooled in criminal law and proceedings.
Of course you will not only plead your innocence, you will want to be released so you can go home. The police have the right to release you on bail if the crime was not something like armed robbery or murder, you solicitor will help you in getting a grant of bail but you may be asked to turn over your passport and to show up once a week at the police station. Even if the police are in agreement that bail is acceptable you will still have to appear in magistrate’s court for confirmation and the establishment of date for your court appearance.
Once your solicitor has arranged for bail and you are out, you and he can sit down and discuss the circumstances of your arrest and plan for your defence. If you are truly innocent then there will be no evidence to prove otherwise and you will no doubt have your case dismissed.
If you need 24 hour legal advice in Edinburgh then you are invited to Matthew Berlow Criminal Lawyer. He can attend to your case in any police station or court in Scotland.
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