Funding Your Defence

Funding Your Defence
At Abraham & Co Solicitors, we believe that everyone facing a criminal investigation or prosecution should have access to clear advice, strong representation and transparency regarding legal costs. We understand that concerns about funding a defence can add significant stress at an already difficult time, which is why we take the time to explain your options carefully and honestly from the outset.

Legal Aid Representation
If you are arrested or invited to attend an interview under caution, you are entitled to free and independent legal advice at the police station, regardless of your financial circumstances. This applies not only to police interviews, but also to interviews conducted by agencies such as the National Crime Agency, HMRC and other investigating authorities.

You are entitled to choose your own solicitor. If you ask for Abraham & Co Solicitors when you arrive at the police station, the custody sergeant will contact us directly and we will immediately begin advising you, obtaining disclosure from the police and protecting your interests throughout the investigation. Representation at the police station is free of charge and does not depend on your income or financial position.

If you are charged with an offence or receive a postal requisition to attend court, you may also qualify for legal aid for court proceedings. Eligibility for legal aid is determined by the Legal Aid Agency and depends on both the seriousness of the case and your financial circumstances. In Crown Court matters, legal aid is most often granted due to the seriousness of proceedings, although contributions may be required depending on income. In less common circumstances, legal aid may be refused if your income is above the financial threshold.

Where contributions are ordered in Crown Court cases, they are usually limited to a fixed period of six months and, if you are acquitted, you may be entitled to recover those contributions. We will guide you through the legal aid process, advise you on eligibility and help you understand the most appropriate funding option for your case.

Private Representation
Some clients choose to fund their defence privately, either because they do not qualify for legal aid or because they wish to have additional flexibility in relation to their representation and case preparation. At Abraham & Co Solicitors, we offer private representation on competitive and transparent terms tailored to the complexity and requirements of each case.

Clients who instruct us privately benefit from direct access to experienced senior lawyers and a highly responsive service throughout proceedings. We take a proactive and strategic approach to every case and work closely with clients to ensure they receive thorough preparation, clear advice and strong representation at every stage.

In appropriate cases, clients who privately fund their defence and are later acquitted may be able to recover some of their legal costs from central funds, particularly where legal aid was refused. We are happy to advise on whether this may apply in your circumstances.

We appreciate that every case and every client’s circumstances are different. For that reason, we encourage anyone seeking private representation to contact us directly so that we can discuss the nature of the case, likely costs and the best approach moving forward.

Court Costs and Financial Penalties
If a person is convicted, the court may order prosecution costs and other financial penalties in addition to any sentence imposed. Whether such costs are ordered will depend on the circumstances of the case and the individual’s ability to pay. Costs are not imposed automatically and can often be challenged or reduced where appropriate.

The court may also impose a victim surcharge following conviction. The level of surcharge varies depending on the type of sentence imposed. Our solicitors will advise you fully on any potential financial consequences arising from proceedings and, where appropriate, make representations on your behalf regarding costs and financial orders.

Transferring Legal Aid
We understand that trust and confidence in your legal team are essential. If you are currently represented under legal aid but are unhappy with your existing solicitors, it may be possible to apply to transfer your legal aid certificate to Abraham & Co Solicitors.

Applications to transfer legal aid are only granted in limited circumstances, such as where there has been a breakdown in the professional relationship, a loss of confidence in the representation being provided, a conflict of interest, professional embarrassment or another substantial reason justifying the transfer.

Even where an application to transfer legal aid is unsuccessful, clients may still choose to instruct Abraham & Co Solicitors on a private basis should they wish to seek alternative representation. We are happy to discuss the options available and provide clear, practical advice to help clients make informed decisions about their case.

If you are considering changing legal representation, we are happy to discuss your circumstances confidentially and advise you on whether a transfer application may be appropriate. At Abraham & Co Solicitors, we believe every client should feel properly advised, supported and represented throughout their case.