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criminal defence solicitors

Here for You When It Matters Most

criminal defence solicitors

Here for You When It Matters Most

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What To Do If You've Been Arrested: Know Your Rights

Being arrested can be frightening and confusing. If you've been arrested or a loved one is in custody, you likely have many questions about what happens next. At Astons Law, we understand how stressful this situation is, and we're here to help guide you through the process with clear, practical advice.

Your Rights After Being Arrested

When the police arrest you, they must follow specific rules and procedures. Understanding your rights can make a significant difference to your case outcome.

Right to Know Why You've Been Arrested

The police officer must tell you:

  • Why you're being arrested
  • The crime they think you've committed
  • Why an arrest is necessary

If the police don't explain these things, make sure you ask. This information is crucial and may affect how you respond to questioning later.

Right to Remain Silent

You have the right to remain silent when questioned by the police. This means:

  • You don't have to answer police questions except giving your name, address and date of birth
  • You can respond with "no comment" to questions
  • Anything you do say may be recorded and could be used as evidence to charge you with a crime

Our solicitors at Astons Law often advise clients that what you don't mention when questioned could harm your defence if you later rely on it in court. Getting proper legal advice before answering questions is crucial.

Right to Free Legal Advice

Upon arrival at the police station, the custody officer must inform you of your right to:

  • Speak to a solicitor of your choice
  • Get free legal advice from the duty solicitor if you don't have your own
  • Have your solicitor present during police interviews

At Astons Law, we recommend never waiving your right to legal representation, even if you believe you've done nothing wrong. Our experienced criminal solicitors can provide immediate assistance at the police station.

How Long Can You Be Held in Custody?

Understanding detention timeframes is important if you've been arrested:

  • The police can hold you for up to 24 hours without charging you
  • This can be extended to 36 hours with a superintendent's approval
  • For serious cases, a magistrate may allow detention for up to 96 hours
  • In exceptional circumstances under the Terrorism Act, you can be held for up to 14 days

The custody officer must explain how these rules apply to your situation and regularly review whether continued detention is necessary.

What Happens at the Police Station After Arrest?

Booking and Processing

When you arrive at the police station after being arrested, several procedures take place:

  1. You'll be booked in by the custody officer
  2. Your personal belongings will be recorded and stored
  3. You may be photographed, fingerprinted, and have a DNA sample taken
  4. The police will conduct a risk assessment of your needs while in custody

Police Interview

The police interview is a critical stage where having a solicitor present is vital. Your Astons Law solicitor will:

  • Discuss your case privately before questioning begins
  • Advise on which questions to answer or when to remain silent
  • Ensure police follow the codes of practice
  • Object to inappropriate questions
  • Make sure you understand what's happening

Remember that being properly prepared for your interview can significantly impact the direction your case takes.

Possible Outcomes After Being Arrested

There are several possible outcomes following an arrest:

Release Without Charge

If there's insufficient evidence, the police may release you without charge. This means:

  • No further action will be taken
  • You have no criminal record from this incident
  • You're free to leave the police station

Release Under Investigation

The police might release you but continue investigating. In this case:

  • You're not on bail
  • There may be no specific timeframe for the investigation
  • You should still seek legal advice about your ongoing case

Charge and Bail

If the police charge you with a crime, you may be:

  • Released on bail with conditions until your court date
  • Required to appear at court on a specified date
  • Subject to restrictions such as reporting to a police station or living at a particular address

Remand in Custody

In more serious cases, you might be held in custody until your court appearance. Astons Law can help by:

  • Making bail applications
  • Challenging unnecessary or disproportionate custody
  • Ensuring your rights are protected while detained

Protecting Your Defence: What Not To Do If Arrested

When you've been arrested, certain actions can potentially harm your defence:

  • Don't discuss your case with anyone at the police station except your solicitor
  • Don't make hasty decisions about accepting cautions or guilty pleas without legal advice
  • Don't sign any statements without your solicitor reviewing them first
  • Don't agree to informal interviews without legal representation

Our Astons Law solicitors have seen how these common mistakes can complicate cases unnecessarily. Let us protect your interests from the moment of arrest.

Special Considerations

Vulnerable Detainees

Additional protections exist if you:

  • Are under 18 (requiring an appropriate adult such as a parent or social worker)
  • Have mental health difficulties
  • Don't speak English fluently (requiring an interpreter)
  • Have physical health needs requiring medication

Astons Law ensures these protections are properly implemented for vulnerable clients.

How Astons Law Can Help If You've Been Arrested

At Astons Law, our criminal defence team provides:

  • 24/7 emergency assistance at police stations
  • Expert guidance through the entire criminal justice process
  • Strategic defence planning based on decades of experience
  • Clear communication about your options and likely outcomes

Our solicitors understand not only what the police can hold against you but also how to build the strongest possible defence case.

Next Steps If You've Been Arrested

If you or a family member has been arrested, contact Astons Law immediately. The sooner we're involved, the better we can protect your rights and build your defence. Our team is available around the clock to provide the support and expertise you need during this difficult time.

Remember, proper legal representation from the earliest stages of your case can make a crucial difference to the outcome. Don't face the criminal justice system alone – let Astons Law stand by your side with professional, compassionate guidance every step of the way.

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