Son in court in 2 weeks need advice

[mcdebs]

On April 25th my son was found asleep in his car and when unable to rouse him the police were called. He was unable to provide them with a breath test and was subsequently arrested. Blood test show methadrone (?) and cannabis in his system and he has been charged with being in charge of a vehicle whilst unfit to drive through drugs. He is in court on July 14th and has been told he needs a solicitor. My son is unemployed - the solicitors he has approached have all quoted very high fees which he cannot pay. He is 24 years old and we do not support him financially as I am currently unemployed. Any advice would be good. Such as would he qualify for legal aid or would the court be able to provide him with free legal representation?

 

[SeanJoyceStephensons]

Legal Aid could be available if:
-there is a risk your son could go to prison
-his reputation is at stake (only arguable if he is considering pleading not guilty or doesnt know how to plea)
-his livelihood is at stake (again, generally only arguable if offence is potentially denied)
-there is a substantial question of law
-he lacks the ability to understand the proceedings properlyor represent himself (eg some sort of learning/language difficulty)
- there are witnesses to be traced and interviewed, especially if expert evidence is involved
- it is in someone else's interest that he be legally represented (unlikely in a case like this)
- some other reason as to why it might be in the interest of justice that he be represented.

At least one of the above criteria must be satisifed before he passes the "merits test". In addition he must also pass the "means test" but if he is an unemployed adult then he will.

Only firms of solicitors with a Criminal defence Service contract/franchise with the LEgal Services Commission can offer services under the legal aid scheme. There will be at least one such firm in your local town - you could ask the law society or your local magistrates court for their details. They will advice your son about whether he might get legal aid or not.

Failing that, he would be entitled to use the duty solicitor scheme at court, although he cannot access this scheme until the day he attends court.

 

[mcdebs]

Thank you for the quick reply. He is up in court at 9:15am on the 14th of July - would that give him enough time to use the duty solicitor?

 

[SeanJoyceStephensons]

As I say, the Duty Solicitor will not be available for him to consult until he arrives at Court on 14th July. How much time the duty solicitor will be able to spend with him before the case is called on will depend how busy he or she is on the day and is down to the luck of the draw.