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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10642
Experience:  30 years as a practising solicitor.
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My daughter aged 34 was taken into police custody Elgin, Morayshire

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My daughter aged 34 was taken into police custody Elgin, Morayshire Saturday night after she had called police as her partner had punched her. Police came back 1 hours later to take her in and now apparently charging her with assault. The police won't allow me (her mum) or anyone to talk to her and she is not due to see the court until Tuesday morning also when she will see a duty solicitor. She has an 11 year old daughter my family have now taken her to care for her but that means out of school. Does she have any rights? Can we pay for a lawyer to go and represent her? I am her mother and in Australia. She has now been held for more than 24 hours with no communication. Please advise what can we do, the process and any fee charges.
Thank you for your question. I am a solicitor in Scotland.
When your daughter appears in court she can have either the duty solicitor or a private solicitor. The duty solicitor is usually a very experienced criminal law practitioner and there should be no difficulty with him or her helping your daughter through the court process on Tuseday and getting her bail. There is no charge for the duty solicitor at a first appearance. A privately instructed solicitor will charge about £180 per hour. If she uses the duty solicitor for the first appearance she can decide whether to continue to instruct the duty solicitor on a private basis or whether to instruct another solicitor altogether.
The main thing is that she should be granted bail when she appears and assuming there is no criminal record there should be no doubt that she gets bail.
Happy to discuss any specific points further.
I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
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