It can be frightening and overwhelming to be charged with a criminal offence. Understanding what happens next and how to respond is essential to protecting your rights and preparing an effective defence.
What Happens First?
Once you are charged, you will either be given a charge sheet with a date to appear at the magistrates’ court or receive a summons to attend court or be held in custody to appear before a magistrates’ court. At this point, it is vital to obtain legal advice immediately. Anything you say to the police or others could later be used in evidence, so ensure that any discussions about your case take place only with your solicitor.
Your solicitor will explain the charge against you, review the evidence the prosecution intends to rely upon, and advise you on your legal options. They can also communicate with the police or prosecution on your behalf and take steps to preserve any evidence that may assist your defence.
Your First Court Appearance
All criminal cases begin in the magistrates’ court. The first hearing will deal with your plea and, depending on the seriousness of the allegation, may also address issues such as bail or whether the case should be sent to the Crown Court.
If you plead not guilty, the court will set a date for trial and make directions for the preparation of your defence. This stage involves gathering evidence, identifying witnesses, and, where necessary, obtaining expert reports. Your solicitor will work with you to build the strongest possible case and ensure that no relevant issue is overlooked.
If you plead guilty, the magistrates’ court may proceed to sentence immediately or adjourn the matter for reports, such as a pre-sentence report prepared by the probation service. These reports help the court determine the most appropriate sentence and consider factors such as your personal circumstances and level of remorse.
The Importance of Legal Representation
Having an experienced criminal defence solicitor is crucial at every stage of the process. Your lawyer will advise you on the strength of the prosecution case, challenge evidence obtained unlawfully, and make applications to exclude material that is unfairly prejudicial. During trial, they will cross-examine prosecution witnesses, present your defence evidence, and ensure that your version of events is clearly and effectively put before the court.
Even where guilt is admitted, skilled representation can make a significant difference to the outcome. A well-prepared plea in mitigation can help the court understand the full background to the offence and highlight factors that may reduce the severity of the sentence, such as previous good character, remorse, or steps taken towards rehabilitation.
After Conviction
If you are convicted and believe that an error occurred in the proceedings or that your sentence is too severe, you may have grounds for appeal. Your solicitor will advise you on whether an appeal is appropriate, the process for lodging it, and any time limits that apply.
How can we Help?
We have over 30 years’ experience of criminal defence work. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or email tsalhan@salhan.co.uk.