Being detained by the police can be a terrifying experience, particularly if it has been done unlawfully or with unnecessary aggression. If you’ve been accused of a crime and face potentially going to prison, it is important that you know your rights. While it is important that you obtain legal advice from a solicitor, this doesn’t have to cost you a ton, especially if you are eligible for legal aid. Here at Legal Aid Glasgow, we are experts and know that you are entitled to wrongful arrest legal aid in Scotland.
What is Legal Aid?
Legal Aid is a payment from public funds to help those who require it manage to afford their legal fees. Legal aid can help meet the costs of legal advice, pay for representation in court or provide funds for family mediation. In order to obtain it you will usually need to be able to show that your case is eligible for legal aid, that the case is ‘serious’ enough to warrant it and that you are not able to pay for legal costs yourself. To apply for legal aid in Scotland you’ll need to locate a solicitor that caters for those who require it. They’ll advise you on your options and let you know if you are likely to be able to get it.
Wrongful Arrest Legal Aid
Looking at wrongful arrest legal aid in Scotland specifically, this type of case would fall under the broader category of criminal cases. For these, legal aid would be permitted to assist in the funding of legal advice and representation in court. In order for criminal legal aid to be granted, your case needs to fit at least one of the criteria set by the Scottish Government. First of all, if it is a ‘serious’ case, you will usually be granted criminal legal aid. How serious a case is regarded is dependent on the possible outcomes. A case will be considered serious if you are likely to either go to prison if convicted or likely to lose your job if convicted. You are also entitled to this type of aid if you are physically unable to defend yourself, or unable to follow what is happening throughout the trial due to a physical or mental disability or English not being your first language. If you are being kept in custody until trial or you want to appeal against a decision already made by the court, these situations will also grant you eligibility for legal aid.
If it’s a minor offence, like a motoring offence, it is highly unlikely that you will be able to get any assistance with legal costs.
Be it for more information on wrongful arrest legal aid in Scotland or welfare legal aid in Scotland, we here at Legal Aid Glasgow are happy to help.