Do I Need a Solicitor for a Police Interview? A Guide to Instructing a Private Criminal Defence Solicitor

If you have been asked to attend a police interview, have been arrested, or have learned that the police are investigating an allegation against you, getting legal advice at an early stage can be extremely important.

People sometimes assume that they should wait to see whether they are charged before instructing a criminal defence solicitor. However, decisions made during the investigation and interview stage can have significant consequences later.

This guide explains when you may want to speak to a criminal defence solicitor, what a solicitor can do before and during a police investigation, and what to consider when choosing private legal representation.

When Should I Contact a Criminal Defence Solicitor?

You should consider obtaining legal advice as soon as you become aware that you are suspected of a criminal offence or are required to speak to the police.

This can include situations where:

• the police have contacted you and asked you to attend a voluntary interview
• you have been arrested and released under investigation or on bail
• officers have searched your home or business
• your phone, computer or other property has been seized
• you have been accused of assault, fraud, a sexual offence, a drugs offence or another criminal offence
• you believe a complaint may have been made against you
• you have received a postal requisition or court summons; or
• you have already been charged with an offence.

Seeking advice does not mean that you are guilty. It means that you understand the allegation, the investigation process and your legal options before making important decisions.

What Is a Voluntary Police Interview?

A voluntary interview is an interview conducted by the police where you have not necessarily been arrested.

The word "voluntary" can make the situation sound informal. It should still be taken seriously.

If the police intend to question you as a suspect, what you say during the interview may form part of the evidence in the investigation.

Before attending an interview, a criminal defence solicitor can seek information about the allegation, advise you about the interview process and discuss the appropriate approach with you.

If you have received a request to attend a voluntary police interview, obtaining legal advice before the interview can give you time to understand your position rather than trying to make decisions immediately before questioning begins.

Should I Speak to the Police Without a Solicitor?

Whether and how you should answer police questions depends on the individual circumstances of your case.

There is no single interview strategy that is appropriate for every investigation.

A solicitor can consider the information disclosed by the police, hear your account and advise you about your options.

It is generally better to obtain individual legal advice than to rely on information found online or advice from friends and family.

What Can a Private Criminal Defence Solicitor Do?

Depending on the circumstances, a privately instructed criminal defence solicitor may be able to advise and represent you throughout an investigation and any subsequent proceedings.

This can include:

Advice before a police interview

Your solicitor can discuss the allegation with you, consider available information and help you understand what is likely to happen.

Representation during the investigation

Where appropriate, your solicitor can communicate with investigators and advise you as the investigation develops.

Advice about seized property and digital devices

Criminal investigations increasingly involve mobile phones, computers, financial records and other digital material. Your solicitor can advise you about the legal issues arising from the investigation and the seizure of property.

Court representation

If you are charged or receive a postal requisition, your solicitor can advise you about the allegation, evidence, plea, procedure and potential consequences and arrange appropriate representation.

Preparation of your defence

If proceedings continue, careful preparation may include considering prosecution evidence, obtaining relevant material, identifying potential witnesses and instructing suitable experts or counsel where necessary.

Why Instruct a Private Criminal Defence Solicitor?

Some clients choose private representation because they want a solicitor whom they can contact directly and who can become involved at an early stage of the case.

Depending on the firm and the agreed retainer, private representation may provide continuity throughout the investigation and court proceedings and allow additional time to be devoted to preparation.

Before instructing a solicitor privately, ask what work is included, who will conduct the case and how fees will be calculated.

What Should I Do If I Have Been Accused of a Criminal Offence?

If an allegation has been made against you, avoid making rushed decisions.

In particular, consider obtaining legal advice before contacting the complainant about the allegation, posting about the case online, deleting potentially relevant messages or material, or giving an account to investigators without understanding your legal position.

Preserve potentially relevant documents, messages and other material and discuss them with your solicitor.

Every case is different, so advice should be based on the particular allegation and circumstances.

How Do I Choose a Criminal Defence Solicitor?

When speaking to a solicitor, useful questions include:

• How much of your work involves criminal defence?
• Have you dealt with this type of allegation before?
• Who will have day-to-day responsibility for my case?
• How quickly can I speak to the solicitor dealing with my matter?
• What are your private fees and what do they include?
• Who would represent me if the case goes to court?

You should feel comfortable that the solicitor understands the seriousness of your situation and can clearly explain the next steps.

Speak to a Private Criminal Defence Solicitor

If you are under investigation, have been invited to a police interview or are facing criminal proceedings, obtaining advice early can help you understand your position and make informed decisions.

Libra Law Solicitors provides expert private criminal defence advice and representation throughout Oxfordshire, serving clients in Oxford, Banbury, Bicester, Didcot, Abingdon-on-Thames, Witney, Henley-on-Thames, Thame, Wantage, Carterton, Wallingford, Chipping Norton and nearby towns and villages.

We advise clients in relation to police investigations, assault allegations, sexual allegations, fraud, drugs offences, driving offences and Magistrates' and Crown Court proceedings.

For confidential advice about your situation, contact Libra Law Solicitors on 01865 921807

Frequently Asked Questions

Can I instruct a solicitor before I have been charged?

Yes. You do not necessarily have to wait until you have been charged to seek legal advice. A solicitor may be able to advise you while an investigation is ongoing.

Do I need a solicitor for a voluntary police interview?

A voluntary interview can form an important part of a criminal investigation. You should consider obtaining legal advice before attending so that you understand the allegation and your options.

Can a solicitor contact the police for me?

Depending on the circumstances and the scope of the solicitor's instructions, a solicitor may communicate with investigators on your behalf.

What happens if I have already been charged?

You should obtain advice about the charge, evidence, court procedure and your options. The appropriate next steps will depend on your individual circumstances.

How much does a private criminal defence solicitor cost?

Fees vary according to the nature and complexity of the case and the work required. Ask for clear information about fees and what is included before instructing a firm.