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The Criminal Law Department offers a wide range of expert advice in relation to, not only criminal allegations but we also have a considerable expertise in respect of Road Traffic Law matters.
A 24 hour emergency call out service is provided for all our Clients which is operated on an in-house basis by experienced lawyers in this field of work. It is essential that the best advice is given as early as possible in every case as this may obviously avoid the necessity of court appearances.
The Criminal Law in England and Wales is basically divided into two court centres, the Magistrates' Court and the Crown Court. If the proceedings are brought, they will normally commence in the Magistrates' Court, however if serious matters are faced then trial by jury at the Crown Court may be required or, in certain circumstances, advised for lesser allegations.
As a department, we have specialist Solicitors who deal with Magistrates as well as Crown Court work. We also have a number of highly experienced staff with a wealth of knowledge for preparing cases not only in the Crown Court but the Court of Appeal as well.
Legal Aid is normally available for the more serious allegations subject of course to an individual's means.
Where a young person is taken to court and ordered to pay fines, the parents must pay up unless it would be 'unreasonable' for them to do so. A persistent offender under the age of ten could be taken to into local authority care. Children of ten and over can be convicted where it can be shown that they knew what they were doing was wrong.
Our Fees for Road Traffic Matters
Consideration can be given, subject to assessment of means, to an Application for Legal Aid in respect of Road Traffic offences that can either only be dealt with at the Crown Court, or can be dealt with either at the Crown Court or the Magistrates Court, dependent on the determination of the Court or your election, and we will advise you about the availability of legal aid.
In relation to Summary Only Road Traffic offences, dealt with at a single hearing, legal aid is not generally available, and we set out below our charges in the provision of advice and representation at the Magistrates Court in relation to Summary Only Road Traffic offences dealt with at a single hearing:-
For Summary Only motoring offences under Part 1 of the Road Traffic Act 1988 and Section 89 of the Road Traffic Regulation Act 1984, we undertake work on an hourly rate basis. Our hourly charging rate is £195.00 per hour, with letters, faxes, telephone calls and emails being pro rota, one tenth of an hour. In addition VAT, at the prevailing rate, and disbursements are payable.
The average Road Traffic offence can be dealt with by way of an hour to take instructions and an hour dealing with your case at Court, provided it is a straight forward guilty plea.
Work involved will include considering the evidence, providing advice in relation to the plea and likely sentence. Where we cannot anticipate the likely sentence, then we will give you advice on the options available to the Court in relation to sentencing and, where appropriate, advice on whether an Exceptional Hardship or Special Reasons Arguments should be made and will be happy to represent you at a single hearing.
Our hourly rate will be charged for taking statements and the examination of witnesses, advising on Appeal and sourcing Expert Witnesses.
If you require a Fixed Fee, then we are prepared to estimate the length of time your case is likely to take and base our Fixed Fee on our hourly rate so, for example, in relation to a guilty plea for a drink driving offence, if we see you for an hour and spend, on average, an hour at Court, the Fixed Fee for two hours work is likely to be of the order of £380 and this will include our attendance on you, preparation, considering evidence, taking instructions, providing advice on likely sentence and representation at a single hearing at the Magistrates Court. Please note that any fixed fee does not include the instruction of any Expert Witnesses, nor the taking of statements from any witnesses, nor advice in relation to a Special Reasons hearing or Advice and Assistance in relation to appeal, nor does it include a trial of any issue.
If you require a Fixed Fee for a trial, then this will depend on our estimation of the number of hours we need to prepare and the number of hours that the trial is likely to take, based on our hourly rate.
In addition to the forgoing, travel expenses will be charged at £0.45 pence per mile, plus VAT, together with parking, on which we will not charge VAT.
Any Fixed Fee depends on the venue where your case is being heard and the above Fixed Fees will apply to Coventry Magistrates Court, Leamington Spa Magistrates Court, Nuneaton Magistrates Court and Birmingham Magistrates Court. If we are required to travel further afield then, dependent upon distance and time taken for travel, we reserve the right to charge an increased Fixed Fee, and also reserve the right to decline instructions if it is impractical for us to deal with the case on your behalf, where it would be cheaper for you to instruct a Solicitor local to the Court that you are before.
Please note that the forgoing only applies to single hearings before the Magistrates Court and not to trials.
It is probably sensible to speak to Mr Skudra of our office for a Quote. For example, if he has other cases in the same Court, listed on the same day, then he may agree a lesser fee with you, dependent upon the nature and complexity of your case.
Mr Skudra can be contacted by telephone to our office on 024 7644 8585 or by mobile phone 07850365616 or by email to Hammons Website.
Contact Us for more information on Criminal Law