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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10904
Experience:  30 years as a practising solicitor.
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I am a single parent living in a lower flat in Edinburgh.

Resolved Question:

I am a single parent living in a lower flat in Edinburgh. A policeman visited me the other day, stating I had to go to the local police station to provide a statement about a criminal allegation against me by a neighbour above. He could provide no date or time when this allegation was made. I complained to the Police Scotland via their website setting out why I was innocent and mentioned I was suffering harassment and had witnesses to validate my stance. Today two other officers arrived without warning to state that I had to go to the police station and that my father would not be allowed to attend the interview. The police suggest I will get my photo taken along with a DNA swab.
What rights and options are available to me for this unfounded allegation?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Have you been to the police station yet?
Customer: replied 2 years ago.

No. Next Thursday, 11 Sept is meant to be the day but I don't feel up to it. I have a severe kidney ailment and I need support but the police say that I cannot have my father to support me. The police state that they are responding to a criminal allegation but they won't tell me what the allegation is.

Expert:  JGM replied 2 years ago.
The law says that the police can detain you for questioning if you don't attend voluntarily.
You are entitled to have a solicitor present. Any other person, such as a relative would be at the discretion of the duty officer but if you are ill to the point of being debilitated this should be pointed out in advance. Your solicitor should insist that your father be allowed to be in the vicinity of the interview room but they won't let him sit in the interview. Your solicitor can be with you at all times.
They can only make you give fingerprints and DNA if you are charged or if they get a warrant for the purposes of investigation..
Happy to discuss further. I will be online later this evening.
Customer: replied 2 years ago.

How do I get a solicitor to attend the interview when I cannot afford it. I am on benefits (because of my disability)? I have two daughters, one 21 years old and the other 14 years old. Both were told to leave the room when initially interviewed by the first officer who came on his own. I feel totally harassed by this and previous experiences with this neighbour. The police have now prevented me from attending the CAB for advice. Am I not able to request prior information on the "criminal allegation"?

Expert:  JGM replied 2 years ago.
If you are on benefits you will qualify for legal aid. The police officer who told your daughters to leave the room was wrong and you can add this to your complaint. However, you are not entitled to ask any questions that they don't want to answer. They are entitled to interview you as a matter of law, in the way I have described above. However, as you will get legal aid, why don't you go to see a criminal lawyer before 11 September and he may be able to get In touch with the police and find out what it is about for you. I really think you would benefit from the assistance of a solicitor where you are upset and can't deal with this on your own.
JGM, Solicitor
Category: Law
Satisfied Customers: 10904
Experience: 30 years as a practising solicitor.
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