Who qualifies for Legal Aid?
Who will pay your Legal Fees? This is a concern for every individual who finds themselves accused of offending behaviour and quite often a factor that will determine whether you decide to instruct a solicitor or not. At Masih Devitt & Associates our aim is to make access to justice as simple and easy as possible thereby providing relief to situations which can become somewhat stressful. We work hard to ensure you have access to funding for your case.
Investigation Stage - At the Police Station
If you find yourself arrested on suspicion of a Criminal offence and taken to the Police Station or if you are asked to attend a Police station for questioning on a voluntary basis you can rest assured. Legal advice at the Police Station is free. The legal costs of having a Solicitor representing you whilst being interviewed by the Police is covered by the Legal Aid Agency. You are entitled to a solicitor that you choose regardless of your earnings and financial status. At your request, the Police must notify your solicitor that you have been arrested and arrange for you to have access to legal advice. At Masih Devitt & Associates our team of lawyers are available to attend Police Stations day and night at your request. Don’t delay simply ask the Police to contact us on 01604 271600.
Proceedings Stage – At the Magistrates Court
Eligibility for Legal Aid for cases that are heard in The Magistrates Court is based on a 2 stage test. In the Magistrates’ Court, legal aid may be available if you are financially eligible (the “means test”) and if it is deemed to be in the interests of justice for you to be granted legal aid (the “merits test”).
Proceedings Stage – At the Crown Court
Everyone is entitled to legal aid in the Crown Court unless your disposable household income is greater than £37,500 per annum. If your income exceeds £37,500, you will probably have to pay a contribution towards your legal aid.
If your disposable household income is greater than £37,500 please contact us to discuss the matter in further detail.
In this case, it is worth looking at whether you would pay more in fees under this scheme than you would if paying privately. Your solicitor will help you work this out
Means Test
If you are under the age of 18 years you are considered a Juvenile by the Courts and you are deemed automatically financially eligible thus passing the Means test. If you are an adult whether or not you will pass the means test is dependant upon your income and outgoings and assets. You would normally pass the means test If your annual income is less than £12,475 or your annual income is between £12,475 and £22,325 but your monthly spare income (the amount of money you have left over after your essential bills are paid) is less than £283 a month.
If you are in receipt of state benefits, then in most cases you will pass the means test. In order to see whether you are financially eligible to pass the means test you should contact Masih Devitt & Associates on 01604 271600.
Merits Test
In addition to being financially eligible for legal aid, the case must be sufficiently serious or complex to warrant a grant of legal aid. So not only must you pass the financial means test but your case must also pass the merits test. In considering the merits test the Legal Aid agency must consider a number of factors which will affect whether it is in the interest of justice to merit you case being funded by legal aid. Factors which will be considered include whether you are at risk of imprisonment, whether a conviction will severely affect your reputation, whether you will be able to properly conduct the proceedings in the absence of a solicitor. In order to see if your case is eligible for passing the merits test you should contact Masih Devitt & Associates on 01604 271600.
Recovering Legal Aid Contributions
We will provide an estimate of costs, including our charge-out rates, and estimates of costs will be updated regularly. This covers things like court fees and expert witness fees.
If found not guilty after trial or if your case is discontinued, you may be able to reclaim a percentage of your costs.
Private Funding
Most people fund their cases privately, but that doesn’t have to mean huge legal bills. We work with clients to help them work out schedules to make affording fees easier, and can often offer fixed fees so clients know what to expect and can plan for it.
At Masih Devitt & Associates we aim to be transparent in our approach and our aim is to ensure the process of facing legal proceedings is made as simple as possible. This means providing you with the most cost affective way of funding your case.
We will provide an estimate of costs, including our charge-out rates, and estimates of costs will be updated regularly. This covers things like court fees and expert witness fees.
We aim to provide competitive rates to ensure you are at ease in funding your case. We charge a fair and reasonable fee for the work we do, we are proud of our Low Cost Fixed Fees for any privately funded cases.
For a fixed fee Quote contact us at Masih Devitt & Associates on 01604 271600.
Transparency Rules
Private Fees
Not all criminal offences attract the benefit of legal aid funding due to the nature of the offence and likely sentencing options.
We therefore provide a fixed fee service for such summary only motoring offences. If you are successful in your defence, then there is a possibility of recovering some of your costs by applying to the Courts for a Defence Costs Order.
If this does apply to you then the following is relevant:
• Consultation Fee Appointment with a Solicitor - 30 minutes consultation and perusal of any relevant documents - £250 + VAT
• Guilty Plea Single Hearing – Initial Consultation at Court, Representation in Court and conclusion of case. - £1200 + VAT
• Trial fee which includes first hearing, preparation and a Pre trial consultation - £2000 + VAT
• Exceptional Hardship Applications and Special Reasons hearings - £1500 + VAT
Disbursements and expenses additional. Please note that fees are subject to review on a case-by-case basis. Please contact us immediately if
you have any enquiries regarding our fixed fee rates.
Location
Victory House
400 Pavillion Drive
Northampton Business Centre
Northampton
NN4 7PA
Authorised and Regulated by the Solicitors Regulation Authority (831062)