What can I do?

[WorriedMum]

Hi all, my 19 year old son was arrested last night for rape, I just don't know what I can do. Should I seek out a solicitor or just leave it to the duty solicitor and then try to speak to him/her? How would I find out how to get hold of the duty solicitor? All I know at the moment is that a 'serious allegation' has been made and he was arrested and held overnight and is to be questioned today. I already knew that he had seen a girl this week and that they had consentual heavy petting, to put it politely, but it turned out the girl had a boyfriend who she told about this heavy petting, he then warned my son off by telephoning my partner as we know him. At this point nothing was said about any kind of force. We told my son that both he and the girl where wrong as she had a boyfriend and we thought that was the end of it! I am at a loss, I just don't know what to do or where to start Advice desperately needed.

[RFLH]

Sorry to see you here. You really do need a specialist solicitor, a duty one will not do.

Whereabouts in the country are you? County will do.

[WorriedMum]

I am in West Sussex. I felt I needed to be doing something so I have already contacted my insurance company as I have legal cover, this however it would seem I cannot use until he has been charged. Do I just call a special solicitor? Would he get legal aid?

Thank you so much for replying, I feel helpless.

[aaj]

they have probably already asked your son if wants a solicitor as it will be his choice, if he agrees to the duty one make sure you get rid straight away when he gets bailed and get your own he will get legal aid if he is on a low income no matter how much the solicitor charges through my previous experience the more they cost the better i always make sure i get one of the partners from solicitors i use (£200 an hour) if they are a good firm they will probably assign you someone with alot of experiance in this field if they dont demand one or change firms, try and stay strong and give your son all the support you can he is going to need it
feel free to pm me if you have any questions i have quite alot if experience with solicitors and am currently goin through a rape charge myself and in a mess too but this place is great to share support

[aaj]

forgot to mention you can get legal aid even if you are working if you tweak your expenditure it all goes on how much disposable income he has each month

[WorriedMum]

Many thanks aaj, I have a local solicitor in mind

[Rights Fighter]

Worried Mum - ignore aja, the advice is not accurate.

I have just come in from being out all day and have been alerted to your message. RFLH will send you a private message. Please answer it asap.

[aaj]

Worried Mum - ignore aja, the advice is not accurate.

I have just come in from being out all day and have been alerted to your message. RFLH will send you a private message. Please answer it asap.

What part do you think is un accurate?

[RFLH]

please take on board what Rights Fighter says - her advice is up to date and accurate.

[witsend]

Dear worried mum please take on board previous thread. Sorry you had to find your way here, but you have come to the best place. If you read other threads you will find you and your son are not alone in going through this. please keep coming back for advice and a shoulder to cry on.

[Rights Fighter]

they have probably already asked your son if wants a solicitor as it will be his choice, if he agrees to the duty one make sure you get rid straight away when he gets bailed and get your own he will get legal aid if he is on a low income no matter how much the solicitor charges through my previous experience the more they cost the better i always make sure i get one of the partners from solicitors i use (£200 an hour) if they are a good firm they will probably assign you someone with alot of experiance in this field if they dont demand one or change firms, try and stay strong and give your son all the support you can he is going to need it
feel free to pm me if you have any questions i have quite alot if experience with solicitors and am currently goin through a rape charge myself and in a mess too but this place is great to share support

The duty solicitor might just be the right person for the job. Despite popular urban myths, duty sols are not "hand in glove" with the police.

Not all partners of sols practices are the best - sometimes a legal exec or junior sol will put far more work into it as they want to make their mark. The same goes for QCs - junior counsel. Not all QCs are the bees knees and some juniors are brilliant and will go the extra mile.

At present, anybody facing trial at Crown court is entitled to public funding (the old legal aid) although in some areas a new system is being rolled out whereby, depending on the defendant's means, a contribution is expected. If a def is on a low income then they would not be expected to contribute.

The OP will be in touch with me by email later on and hopefully I can advise her further.

[Rights Fighter]

forgot to mention you can get legal aid even if you are working if you tweak your expenditure it all goes on how much disposable income he has each month

Allocation of Public Funding is now't to do with "tweaking" expenditures - it's to do with disposable income, and this usually relates to appeals or prison law, not trial.