Q: Can I sue the complainant in the case?

If a person lies and you are prosecuted as a result you may have a civil case against them, but you should always make sure you win your own case first before focusing on new proceedings against someone lese. The main danger is always the criminal case against you.

Question 1

How much do you charge?

Accepted Answer

We generally charge fixed fees which are payable in instalments which most people can afford to pay. We definitely aren't the cheapest, and we're far from the most expensive.

Question 2

Do your criminal solicitors do legal aid cases?

Accepted Answer

We can represent people on legal aid in very serious cases or in cases which are very complex, for example, murder, fraud and financial crime, drugs conspiracy or other types of organised crime. We can also often represent clients where they are accused alongside a number of other people. Less serious or complex cases are harder for us to deliver a high quality service on legal aid. We recommend calling us and we will tell you if we can help, and point you in the right direction to find someone who can help if we can't.

Question 3

Will I go to prison?

Accepted Answer

There are many other outcomes that occur more often than a prison sentence in a criminal case. You can't go to prison unless the police or CPS decide to take the case to court, and then only if you are convicted of an offence. Of course, each situation depends on the facts. Get advice from a criminal solicitor who will help you understand what your chances are.

Question 4

Will I get a criminal record?

Accepted Answer

It depends on how the case ends. If you're found guilty in the Magistrates' Court or Crown Court then a criminal conviction usually follows and you will have a record of some type. This may not show on a DBS criminal record check or only show for a short time, depending on what the penalty is and the level of DBS check.

Question 5

Should I accept a police caution?

Accepted Answer

A caution may be a more attractive option than going to court, but you should be aware that it will be recorded and appear on a standard and enhanced DBS criminal record check for a number of years, depending on what the check is for. It is perhaps better than a criminal conviction, but not by much.

Question 6

I've got no previous convictions, will the police leave me alone?

Accepted Answer

The police deal with people with no previous convictions every day, and they are generally not much more lenient or understanding to someone who has no previous convictions, although they may be more polite. You should assume that you are in at least some danger if the police say they want to speak to you, and you shouldn't underestimate the situation.

Question 7

Will my case go to court?

Accepted Answer

This depends on a number of things. How serious is the offence which you are being investigated for? How strong is the evidence? Does the complainant want the case to go ahead? Can the police or CPS be persuaded to go down a civil route? The answers to some of these questions may affect whether a case goes to court.

Question 8

Will my case be heard in the Magistrate's Court or Crown Court?

Accepted Answer

For more minor cases such as speeding or drink driving, you only have the choice of having the case dealt with in the Magistrates' Court. For much more serious cases such as robbery, conspiracy or murder, cases can only be dealt with in the Crown Court. Many cases in the middle are called 'either way' cases. These cases are quite serious but they can be dealt with in either the Magistrates' Court or the Crown Court. If you want, you can insist that an either way allegation is dealt with in the Crown Court. If the Magistrate judges think that the case is too serious for that court, they can also say it should be deal with in the Crown Court.

Question 9

Can I sue the police?

Accepted Answer

In some rare cases, suing the police or the CPS is possible, but courts give them a lot of leeway to get things wrong unless they are shown to have lied or been dishonest. If you want to sue the police because they arrested you or took your case to court, then keep that a possibility, but not at the expense of winning your criminal case first. Getting out of trouble should be the first priority. If you aren't under investigation or being prosecuted, you'll need a solicitor specialising in actions against the police, which you can find on the Law Society's website 'find a solicitor' section.

Question 10

Can I sue the complainant in the case?

Accepted Answer

If a person lies and you are prosecuted as a result you may have a civil case against them, but you should always make sure you win your own case first before focusing on new proceedings against someone lese. The main danger is always the criminal case against you.

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