Services
Criminal Law
Have you been arrested or charged? Cited to appear in court or have a bail undertaking? As criminal lawyers we advise and represent clients in Sheriff Courts and the High Court throughout Scotland, our solicitors can and will act on your behalf. We can advise you on funding and are registered to provide legal aid.
Road Traffic Offences
Have you been arrested or charged? Cited to appear in court or have a bail undertaking? As criminal lawyers we advise and represent clients in Sheriff Courts and the High Court throughout Scotland, our solicitors can and will act on your behalf. We can advise you on funding and are registered to provide legal aid.
Assault
If you have been charged with assault, the two main defences are self-defence and provocation.
Self-defence is available to an accused where they have acted to protect themselves or another from the immediate threat of physical injury to their person. Before a plea of self-defence will be accepted, the court must be satisfied that the actions used in self-defence were necessary and proportionate and that no means of escape were available.
Bail Offences
The courts in Scotland impose bail conditions on a daily basis and the decision to grant bail by a Judge, Sheriff or Magistrate can often be considered controversial depending on the circumstances of a case. An accused person requires to be fully aware of the implications of being on bail and the consequences should the bail order be breached in any way. If bail conditions are breached it is almost inevitable that they will be punished for that offence even if they successfully defend the original allegation.
Drug Offences
If you have been charged with a drug-related offence, get in touch with an expert criminal solicitor at the earliest opportunity. Drug-related crimes can range from the very minor to serious crime resulting in lengthy prison sentences. Speaking to a solicitor can make a significant difference to your outcome. Our solicitors will liaise with the Procurator Fiscal to try to reduce or in some cases even quash your charges.
Breach of the Peace
If you have been charged with Breach of the Peace, get in touch with us as soon as possible. Breach of the Peace is an offence that can be applied to a number of scenarios as it is any incident where a person’s conduct causes fear or alarm or a disturbance to the community. The inclusion of ‘disturbance of the community’ means the offence is not limited to threatening behaviour; it also includes lewd conduct and other disturbing behaviour such as following people. A police officer can arrest anyone who commits a breach of the peace without the need for a warrant.
Theft
Theft in Scots Law is defined as the wrongful appropriation of the property of another, with the intention of permanently depriving the other person of his or her possession. Theft is considered a ‘crime of dishonesty’, (as with fraud) and as such a conviction for theft can have a significant impact on your life, particularly in terms of your employability. It’s essential that you get specialist criminal legal advice at the earliest opportunity.
High Court Proceedings
The High Court of Justiciary is Scotland's supreme criminal court. When sitting at first instance as a trial court, it hears the most serious criminal cases, such as murder and rape. A single judge hears cases with a jury of 15 people.
At first instance, it sits in cities and larger towns around Scotland and has a permanent base in Edinburgh, Glasgow and Aberdeen. There are periodic sittings in Dumbarton, Lanark, Livingston, Paisley and Stirling. As an appeal court, it sits only in Edinburgh.
Fraud
1st Legal Ltd is ideally placed to assist companies and senior professionals who find themselves facing prosecution in Scotland. The firm has extensive experience of dealing with high-profile, complex fraud and white-collar criminal allegations. It has been involved in many leading Scottish criminal cases in recent years.
Proceeds of Crime
The Proceeds of Crime Act 2002 governs the law relating to confiscation of money and assets that have been gained through criminal conduct. It allows the authorities in Scotland to seek confiscation or forfeiture of cash and assets that it alleges are the Proceeds of Crime. Proceedings are judged on a civil law standard of proof. It is a particularly complex piece of legislation that allows the Crown to pursue two distinct avenues to recover the proceeds of crime.
Being accused of a criminal offence can be an extremely worrying experience for any individual and we recommend that you contact us as soon as possible to receive expert legal advice. The firm offers a 24-hour, 365-day a year service for clients in police custody. Any calls to our offices out-with normal business hours will be dealt with by an experienced solicitor.