My brothers wife told the police he assaulted her.The nanny told him what she had done.He went to the police station to clear it up.He was told there was a warrant for his arrest and he is being held.He is waiting for the duty solicitor.Should he wait or get his own solicitor?They are in the middle of a very accrimonious divorce, he just wants to see his kid.Please advise.
System of Law: England-and-Wales
nothing yet, not got a clue how to help. My brother is claustrophobic and it is freaking him out being held in the cell. He has phoned me twice. He went to police station at about 13:00 today.
HiThank you for your question and welcome to Just Answer. I will try to help with this.What exactly would you like to know about the is?
FOR JOMO1972are you an english criminal law solicitor
should he wait for duty solicitor or use his own?
He isn't proposing surrendering on a Saturday afternoon, is he?
FOR JOMO1972he has already gone in and they have arrested him.
Okay. It's too late to do anything about that now. It would have been better to surrender on Sunday afternoon. If they refuse to bail him now he will be held in until Monday. They could refuse to bail him if he shares an address with the complainant. We never surrender to the police station on a Saturday afternoon Im afraid.In any event, there isn't any danger in using the duty solicitor. The duty solicitor is just a criminal practitioner like any other. All criminal solicitors firms employ duty solicitors because that is how they get the work. If he chooses to use his own solicitor then it will be most likely somebody who would on any other day be duty solicitor. Sometimes there are advantages in using your own solicitor if you have built up a relationship of trust and confidence with him but that is the only real game.Also, obviously he needs a solicitor for interview. There wouldn't be any point in one afterwards. If he has been there since 1pm then he may already have been interviewed.Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cost.
Bar Exams, over 5 years in practice.
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