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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son has just been arrested and is being held in custody

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My son has just been arrested and is being held in custody for possession with intent to supply cannabis. He is going to be interviewed by tape? Should I advise him not to be interviewed without a solicitor present? He is 18, doing hos a levels and has no previous record

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

Sorry for the delay. Do you still need an answer?
Customer: replied 3 years ago.

Yes sorry i've only just seen this. I'm assuming that he shouldn't make a statement without a soliciter present. There is another thing he took my car without my permission and he was found sitting in it with a girl so they asked me if he had my permission and i said no they asked me to make a statement but i said i wouldn't without legal advise. All i'm trying to figure out it what can i do that will be most helpful to him. I'm terrified he will go to prison and that will be the end of his university etc...

So in essence i need to know what to do next to minimize the damage he has caused and how do I do that.

You are absolutely right.

He will be offered a solicitor in police custody which should never be refused.

If he is 18 then he is an adult and they are not therefore going to allow you to advise him at all.

You can call the custody suite and leave a message for him to call you. Unless he is disorderly they will usually allow suspects to make calls.

You can also call a firm of solicitors and ask them to look into whether he needs a solicitor. Not all firms do that but its called a third party referral.

Possession with intent to supply is a very serious offence although that doesn't mean the evidence is strong. You have to presume the worst and deal with that but people are often arrested for wildly unrealistic offences.

Can I clarify anything for you?

Customer: replied 3 years ago.

thank you so much for the answer.


What should I do about the police wanting a statement for me about my car, he has a licence but is not on the insurance. He was sitting in the car with this girl and that is why the police stopped in the first place. He did not have my permission to take the care as he is not insured but he did. The police said the insurance change may not stick becasue he wasn't actually driving but they go after him for taking my car. I'm not interested in pressing charges against him for this and i really don't want to make a statement is it okay for me to do that or will that make matters worse for him? appreciate your advice.

Well, its not going to help. Their game is to get a statement from you so that they can charge him with taken without consent.

In fairness, if he is in for PWITs then a bit of TDA is the least of his worries but I presume you don't want to pursue that and I quite agree. Inviting the police along to meditate is not the way that respectable families resolve their disputes.

The only problem though is that if you don't make a statement they may charge you with permitting him to drive without insurance but if he wasn't driving you would have a defence too.
Customer: replied 3 years ago.

Okay. So I think I will take my chances and not make a statement as I really don't think this will help him or me. I would rather deal with that matter myself. My objective is to minimize the damage to him so that he can continue on to University etc...

What do I do if he has already made the statement - is it too late me him to get legal advise?


To my knowledge and his best friends knowledge he has not been supplying - i don't know what the circumstances are around this and i'm a bit lost really. I'm not nieve enough to assume that he has not smoked grass before but according to his best friend he doesn't do it frequently.


Is there anything else that I should be doing that would be helpful right now?

If he has been interviewed under caution then nothing can be done about what he has said there.

he may well have had a solicitor anyway. The police do not encourage interviews without solicitors.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you so much for your help. He was released with a warning as he has no record. A very lucky escape, we are dealing with this in the family now thank you again

If you mean a caution then he does have a record but its probably only for simple possession which is not the end of the world.

They always arrest for the most serious offence they can think of and then drop down to the correct charge!

Glad it worked out.

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