 Even though you may be in work or have a disposable income you may still be entitled to receive assistance from our solicitors through the legal aid scheme. Set out below is a general rule of thumb. Should you ask for our assistance we shall discuss your eligibility for legal aid in more detail:
If you are held without charge at a police station: It is your right to speak with a solicitor free of charge and have a solicitor present with you if you are interviewed by the police. A solicitor's attendance is covered under the Legal Aid Scheme, provided you use the services of a solicitor approved by the Legal Services Commission.
If you face court proceedings: Currently, the availability of legal aid in court proceedings is dependent on your income and if you, or any partner with whom you live, are working or have capital it will be necessary to submit details of your income and expenditure with your application. Moreover, legal aid will be granted only if the Legal Services Commission consider it to be in the "interests of justice".
For the more serious cases which are heard before the Crown Court, means testing will apply to cases where legal aid is granted from May 2010. The new Crown Court scheme introduces the concept of making contributions towards legal aid rather than a person being regarded as ineligible. The Crown Court also has the power to order a person to be made the subject of a "Recovery of Defence Costs Order" at the conclusion of the case, depending upon a persons income.
In the event that you are unable to qualify for legal aid, you may rest assured that we advise you fully of the cost implications of instructing us. We often undertake motoring offence cases on a pre agreed fixed fee and our fees are competitive.
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