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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71144
Experience:  Over 5 years in practice
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When I apply for criminal legal aid will they take my wifes

Customer Question

When I apply for criminal legal aid will they take my wife's assets into consideration when calculating my eligibility or is it simply what capital and cash that I have,
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 5 years ago.
Yes I am about to be charged with a criminal offence and I want to apply for legal aid for the barristers fees but I'm worried that when they assess me they may take into consideration my wife's assets as well as mine. My wife holds the bulk of our money in her account.

Our house is in joint names.
Expert:  Jo C. replied 5 years ago.
I am sorry but they will consider her situation as well when you make the application.

The only exception is where she is a complainant in the case.

That doesn't necessarily mean you won't get legal aid and, in particular, not where the issue is equity as those are funds you cannot access easily. However, they will consider it.

I'm in Court this morning so I'll be offline for about an hour but I will be back later if you want to know anything else.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

Customer: replied 5 years ago.
I understand what your saying but it's not particular clear. The situation is that I have very little capital it's all in my wife's name.

As I said the house is in joint names but its our only home and I live there with my wife and two young children. It's impossible to release cash from this as my family would be virtually homeless. The value of my half is 150000. Will this prevent me from getting legal aid, my own personal capital is 25000 in cash.
Expert:  Jo C. replied 5 years ago.
Probably that will mean you cannot get legal aid or are asked to pay a contribution