Your Questions

Are you looking for the best criminal defence solicitor to advise or defend you on a criminal charge or criminal investigation?  

At Adams Whyte Solicitors, we have vast experience of steering our clients through the many potential pitfalls of a criminal investigation or prosecution, and that begins with providing the right answers to the right questions.

To that end, we've set out below just some of the topics on which you might have a question. Please click the link for each topic to find the answers you need. 

You can also use the search facility at the top of this page to search for more information by keyword. 

You can also ask us a question by emailing or calling us. 

At Adams Whyte Solicitors, we’re ready to answer the questions you really need asked. Get in touch now to tell us how we can help you.

• Questioning by the Police - What are my rights?
• Going to court – what should I expect?
• Bail – Where do I stand?
• Can the alleged victim or ‘complainer’ drop the charge(s) against me?
• Domestic Offences – what approach do the authorities take?
• Sentence – what are the court’s powers?
• Do I get a discount or reduction in my sentence?
• Police and Fiscal warnings, Fixed Penalty Notices & Compensation – How do they work?
• Will I qualify for Legal Aid?

Questioning by the Police - What are my rights?

If the police want to speak to me, should I speak to a lawyer first? 

If the police want to speak to you, it’s always wise to speak with a lawyer first.

We are entirely independent of the police and are here to represent and protect you. 

We can ensure you are best prepared for any contact with the police by obtaining from the police as much information as possible about their investigation, before they speak with you. 

We can arrange meetings with the police on your behalf.

And we can accompany you to the police station, where you can count on our specialist solicitors having the legal and practical expertise to provide you with the best possible outcome.

If the police arrest me and take me to the police station:

• How long can the police hold me for? If the police arrest you on suspicion of having committed a criminal offence, to allow further enquiry by the police, you can normally be held without charge for a period up to 12 hours, or in certain exceptional circumstances, a period up to 24 hours.
• Can I ask for a lawyer to be informed of my arrest? Yes, you have a legal right to request that the police notify a lawyer of your choice to advise that you are in police custody. So, to allow our expert team to get to work for you as soon as possible, ask for Adams Whyte Solicitors straight away.
• Can I ask to speak to my lawyer before the police interview me? Yes, you have a legal right to have a private consultation with your lawyer, by phone or in person, for advice before the police interview you - and for advice in regard to any other relevant matters, for example, whether you should provide the police with personal data, such as a phone password or whether you should consent to a medical examination. 
• Can I ask for my lawyer to be present at the time of any police interview? Yes, to defend and protect your interests during police questioning, you are entitled to ask for your lawyer to be present when police interview you. 
• Do I have to answer police questions? In the vast majority of cases, apart from providing your name, address and date of birth, you do not have to answer police questions and, unless and until you’ve had legal advice, it would normally be wise not answer police questions. You should note, however, that there are some exceptions where you must provide information requested by police, for example, the name of a driver of a vehicle if the police require you to provide that information under section 172 of the Road Traffic Act 1988. The safest approach, therefore, is to always have a private consultation with your lawyer for advice on which questions you should or should not answer.
• The police officers seem fair and nice, so can’t I just rely on them to give me advice? No, regardless of how reasonable or pleasant the police officers may or may not be, their job is to investigate the alleged crime, not to assist or advise you. Accordingly, the police are simply not able or entitled to give you the independent advice you absolutely need. In short, therefore, if you’re in police custody, the safest course is to make sure that you insist on what is your legal right to a private consultation with a lawyer before the police start to interview you. 
• Do I have to pay for a lawyer at the police station? No, it is your legal right to have access to legal advice at the police station, free of charge. In practical terms, this will often be way of a private phone consultation with the solicitor of your choice and, where required, it will be possible to arrange for a solicitor to be present at the police station to speak with you in person there.

Going to court – what should I expect?

Will I have to speak at court?

If you’re feeling nervous about the thought of speaking in court, you can take comfort from the fact that our solicitors at Adams Whyte have the skills and experience to do most, if not all of the talking for you.

More importantly, after we carefully listen to what you tell us about the case against you, our lawyers will have the judgment to know not only when to speak, but also what to say. 

I’m keen to get my case over and done with: should I just plead guilty?

When it comes to making a decision about how you should plead, rarely will the 'quickest' or most ‘convenient’ choice be the right one.  Instead, given the often long-lasting consequences of a criminal conviction, it's important that decisions about your plea are right, rather than rushed. At Adams Whyte Solicitors, we will always do our utmost to bring your case to the earliest and speediest conclusion, but at the same time, you can count on us to maintain an unwavering focus on delivering for you the best, not just the quickest, result.

So, when deciding how to plead, for the best advice on protecting your future, get in touch now.

The papers I’ve received for court say I can reply by letter: should I send my plea by letter?

If your charge sheet or court papers (often referred to as a ‘Complaint’ or ‘Citation’), says that for the first court hearing (often referred to as a ‘Pleading Diet’) you can send your plea by letter, that doesn’t automatically mean that the court will decide or dispose of your case without you ever having to attend court in person.

It's, therefore, unwise to attempt to represent yourself, or at least to do so without first taking expert legal advice. Accordingly, to get your case off to the right start, contact Adams Whyte Solicitors before replying to the court. We will explain exactly what the charge means; guide you on your plea; and advise you on the potential penalties available to the court.

Most importantly, we’ll set out what we think is the best route for you to arrive at the best result.

What happens if I plead not guilty?

If you deny or don’t accept the charge, then you will be asked to attend a Trial hearing (normally after an earlier procedural hearing) where witnesses are questioned by the lawyers for prosecution and defence, and the court after hearing those witnesses then decides whether you should be acquitted (that is, found ‘Not Guilty’ or ‘Not Proven’) or whether you should be convicted (that is, found ‘Guilty’).

Unsurprisingly, this is a complex and challenging process best handled by criminal trial lawyers skilled in forensic preparation and courtroom advocacy.

At Adams Whyte Solicitors, our team has vast experience of successfully defending clients at criminal trials. Get in touch now. 

What happens if I plead guilty?

If you plead guilty, there is then no need for witnesses to attend court and give evidence at a trial. Instead, the court hears about the circumstances of the offence by way of the prosecutor providing a verbal summary of the main points. There is then an opportunity for the defence to put across its side of the story by presenting what is referred to as a ‘plea in mitigation’.

Finalising the terms of any plea of guilty and presenting a plea in mitigation in court is a specialised process best handled by specialised court lawyers who are experience and skilled in these vital areas. At Adams Whyte, Solicitors, our award-winning lawyers personally handle cases of this type on a daily basis.

After the court has heard from the prosecution and defence, the court can pass sentence straight away, or the court might ask for background reports about you to provide more information before coming to a final decision on sentence. The range of sentences open to a court will depend on a number of factors, including the level of court, the type of offence and the facts of the case. Sentences might range from a financial penalty to unpaid work, to social work supervision, to restriction of liberty (often referred to as a ‘tag’), to custody. 

Where a plea of guilty has been tendered, the court is entitled to consider reducing the sentence that might otherwise have been passed. This is known as a sentencing discount and, depending on the stage of a case at which the plea is tendered, can be up to a third of the maximum sentence available.

Bail – Where do I stand?

What will the Police or Court take into account when deciding whether I should be released on bail?

Bail will depend on a number of factors, such as the nature or seriousness of the charge, any past criminal record, and whether you are already on bail for another charge or have previously breached bail. To maximise the chances of being released on bail, it’s important that you promptly enlist the expertise of a criminal defence lawyers skilled in negotiating and arguing for bail. 

I’m not clear about the conditions of my bail order – what should I do?

The terms or conditions of your bail order will be set out in the bail form given to you by the police or court at the time of your release from custody. You should make sure that you read and understand what is said in that form. You should also keep the form in a safe place in case you need to check it again at any point in the future. If you are still in doubt about what your bail order means, you should contact your lawyer immediately for guidance. Our team is available to help 24 hours a day, 365 days a year.

Can I ask the court to review or change my bail conditions?

Yes, it is possible to apply to the court to alter certain conditions of bail. For example, your bail order may say that you must not contact a particular person or enter a particular place, or that you must remain within your home address during particular hours. If there has been a change in circumstances, it is possible for your lawyer to ask the court cancel or vary such ‘special’ bail conditions. However, for the avoidance of doubt, you should continue to comply with all bail conditions, unless and until the court has agreed to change them. Our expert bail lawyers will be happy to guide you on these important matters.

Can the alleged victim or ‘complainer’ drop the charge(s) against me?

In Scotland, only the prosecutor has the authority to drop or end the case against an accused person. At the same time, when considering whether to drop or reduce a criminal charge, it is not unusual for the prosecutor to take into account any new or additional information from the alleged victim, in terms of that person’s views or attitude towards the crime charged, or in terms of what may or may not have happened at the time of the alleged offence.

If your case falls into this category – if this describes your case – then you can count on our specialised team doing all we can to persuade the prosecutor to reconsider or reduce the charge against you in the light of any new information from the alleged victim or complainer. For the avoidance of doubt, an accused person should not say or do anything in respect of an alleged victim which could amount attempting to intimidate or influence that person. 

Domestic Offences - what approach do the authorities take?

What is the law?

These are charges which are regarded as being ‘aggravated’ or made worse because of an alleged ‘domestic’ element.

Police and prosecutors in Scotland define domestic abuse as:

“Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct and which takes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil partnership or otherwise) or ex-partners. The abuse can be committed in the home or elsewhere including online.”

How can Adams Whyte help?

At Adams Whyte, we understand the potentially devastating impact of a domestic abuse charge for you and your family. Here are just some of the ways in which we can help:

• Release from police station. It is not uncommon for those accused of domestic abuse charges to be held in police custody to appear in court on the next court day. If that happens, you can count on our considerable expertise to identify whether there are any circumstances to persuade the police to release you, and if not, for our expert lawyers to do all that is possible to secure bail when you do appear at court.
• Change of bail conditions. Where the court agrees to release on bail, it is often a condition of bail that the accused must not have contact with his or her partner, and sometimes, even his or her children. We can give you early and informed advice on whether and when it might be possible for the court to remove or cancel such bail conditions.
• Family argument, but not a crime? Regarding the charge or charges you are facing, we have vast experience in successfully defending every type of domestic charge likely to come before the courts, and, for example, in appropriate cases, persuading the prosecutor or court that while the incident in question may amount to a family argument or breakdown, it does not amount to a criminal offence.

Sentence – what are the Court’s powers?

Where an accused person pleads guilty or is found guilty, the court can pass sentence straight away, or the court might ask for background reports about you to provide more information before coming to a final decision on sentence. The range of sentences open to a court will depend on a number of factors, including the level of court, the type of offence and the facts of the case. Sentences might range from a financial penalty to unpaid work, to social work supervision, to restriction of liberty (often referred to as a ‘tag’), to custody. For guidance on the range of sentences available to the court in your case – and for your chance of securing the best possible result, contact our award-winning team.

Do I get a discount or reduction in my sentence?

Where a plea of guilty has been tendered, the court is entitled to consider reducing the sentence that might otherwise have been passed. This is known as a sentencing discount and, depending on the stage of a case at which the plea is tendered, can be up to a third of the maximum sentence available.

Negotiating the terms of any plea of guilty and presenting a plea in mitigation in court is a specialised process best handled by specialised court lawyers who are experienced and skilled in these vital areas. At Adams Whyte, Solicitors, our award-winning lawyers personally handle cases of this type on a daily basis.

Police and Fiscal warnings, Fixed Penalty Notices & Compensation – What should I know?

For certain criminal charges, as an alternative to prosecution, the police or Procurator Fiscal may offer you a ‘direct measure’. The range of direct measures which can be offered include:

• Police warnings
• Fiscal warnings
• Police Fixed Penalty Notices, or ‘on-the-spot’ fines
• Fiscal Fixed Penalty Fines
• Unpaid Community Work
• Compensation Offers
• Diversion from Prosecution

The rules and regulations in respect of these direct measures are often technical and complex; and the implications for you and your future can be serious and long-lasting. So, if you’re seeking to navigate the legal minefield of direct measures and alternatives to prosecution, let our specialists steer you to the right outcome.

How long do I have to reply to a Fixed Penalty Notice or Fiscal Fine?

You must accept or refuse the penalty or fine within the period specified in the Notice or letter you receive. This will normally be 28 days. For fixed penalty offers relating to road traffic offences, these will only be deemed to be registered against you when you have actually replied and accepted the offer. For other fixed penalties in respect of offences other than road traffic, you should note that if you do not reply within the period stated in the notice or letter – again, normally 28 days - then it will be assumed that you have accepted the offer.

If I accept a direct measure, will it count as a conviction?

No, If you accept an offer of a direct measure, it will not count as a criminal conviction – and you will not have to go to court. At the same time, you should be aware that the authorities may keep a record of certain direct measures for a period of time. For example, the police will keep a record of a police warning or a police fixed penalty notice for 2 years. Similarly, if you accept a Fiscal Fixed Penalty Fine, and within two years, you are then convicted or plead guilty in respect of a new offence, the court can be advised before passing sentence of the offer you previously accepted. Further, a number of direct measures will be recorded and shown on an enhanced disclosure certificate or Protecting Vulnerable Groups (PVG) scheme record.

Accordingly, if you are in any doubt as to how a direct measure might affect you, your future or your livelihood, contact our specialist team now.

If I do not want to accept a Fixed Penalty Notice or Fiscal Fine, what should I do?

If you do not want to accept the offer,  you must reply to the authority who issued the offer in the first place. You must do this within the period specified in the documentation you received, which will normally be 28 days. You will then not be liable for the fine or offer. Instead, the Procurator Fiscal will then decide what, if any, further action to take and, in particular, whether to call you to appear at court for you to answer the charge against you.

Will I qualify for Legal Aid?

Given the importance of you finding exactly the right lawyer to protect your future, we have the confidence to provide every client with a first, diagnostic consultation, free of charge.

Further, as solicitors registered with the Scottish Legal Aid Board to provide Criminal Legal Assistance to anyone facing a criminal charge, we can guide you on whether you are one of the many people – even in employment – likely to be eligible for legal aid.

Accordingly, depending upon your financial position and the nature of your case, it may be possible for us to represent you under the Scottish Legal Aid scheme. If, however, Legal Aid is not available or appropriate in your case, you can still enlist the expertise of the Adams Whyte team at rates which are fair and transparent. In particular, whilst the cost of representation will depend upon a number of factors, including the complexity of your case, we are always happy to provide you with the certainty of a fee agreed in advance, and, if you prefer, usually the reassurance of a fixed fee arrangement, rather than fees based upon each item of work.

Equally, if you have a motor insurance policy or house insurance policy which provides you with cover for the legal costs of defending a motoring or other prosecution in Scotland, we would always be content to discuss acting for you on this basis. If you are in any doubt as to the terms of cover under any such insurance policy, again, we would be happy to examine the terms of any such policy at your first free consultation.

In short, the justice you want depends on access to the lawyer you need, and we, at Adams Whyte, are proud to provide access to justice through our commitment to representation via legal aid or funding which is clear and manageable.

If, therefore, you are facing a criminal allegation, tip the scales in your favour, get in touch now.

At Adams Whyte Solicitors, we’re ready to answer the questions you really need asked. Get in touch now to tell us how we can help you.