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Say I am arrested tomorrow for a serious criminal offense which I did not commit. It would be a complete surprise to me, and being an ordinary person I don't have any relationships or knowledge of good/affordable criminal defence solicitors.

I understand I could ask for the duty solicitor, but I don't trust them, or think they won't represent me as well as a paid solicitor.

I understand I can ask to call my own solicitor. Do I need to already have a relationship with this solicitor, or have their number to hand or will the police provide some resources/time to research a solicitor?

Asking particularly for the UK but would be interested in other countries if this varies.

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Will I be given chance to ... call my own solicitor/lawyer after being arrested [and in custody]?

Yes (in essence).

You should be given a Notice of rights and entitlements: a person's rights in police detention.

Under Police and Criminal Evidence Act 1984 (PACE) codes of practice you have the right to legal advice (PACE Code C6). You can ask to speak with the 'duty solicitor' or a solicitor you know / your own solicitor. If your solicitor isn't available, you can choose up to two alternatives - if they aren't available, the custody officer has discretion to allow other attempts.

In less serious cases, free legal advice is limited to telephone advice.

Do I need to have their number to hand?

No, in fact you won't be dialling the numbers yourself. You tell the police the name of your solicitor or solicitor's firm and they arrange contact.

Will I be given chance to research [solicitors] after being arrested [and in custody]?

No, you will not be able to research solicitors while you're in custody.

You have the right to have someone informed where you are. This person you have informed of your whereabouts may research solicitors on your behalf.

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Your rights after arrest

you have the right to be informed of the reason for your arrest, the right to remain silent, the right to refuse a police interview, the right to communicate with a friend, family member, or lawyer, and the right to legal representation.

If you are ultimately charged with a serious indictable offence, your choosing to remain silent may be used as an inference against you.

In addition, you have the right to an interpreter if needed, the right to consular assistance if you are a foreign national, and the right to ablution facilities, food, and drinking water.

If you don’t have your lawyer’s mobile phone number, or you don’t have a lawyer, you should probably outsource finding one to a reliable friend or family member. They can find you a lawyer. Any criminal lawyer will be able to deal with the police interviews at the early stage of the arrest - you can put together your “dream team” after you get bail or are remanded in custody.

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will the police provide some resources/time to research a solicitor?

Probably not, because they think you did it.
They will provide the duty solicitor and allow you to make one phone call.

The duty solicitor isn't necessarily the one who will represent you in court, but may be able to connect you with another, and/or friends & family.

  • You have a right to make one phone call, so make sure it's the right call.

  • If you already have a solicitor it's possible a call to their reception may misfire.

  • If you don't, then trying to engage one with a single phone call may be a waste of the call.

  • So it's worth considering making the call to a trusted person who can arrange that for you.

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Say I am arrested tomorrow for a serious criminal offense which I did not commit. It would be a complete surprise to me

In the normal course of events, the police will not interview you other than to establish your identity. They already have a case against you, that's why they arrested you.

You will want to have a lawyer for court, but that's sometime off in the future.

Cases like you see on television, where the detectives are interviewing you to find evidence against you, do happen, but they are by far in the minority: for every man that murders his wife, there are a thousand on theft, fraud, drugs or drunken violence, where arrest is followed by processing, not interview.

(Based on conversations with multiple American arresting officers, regarding arrest on warrant. Sorry, only anecdotal evidence)

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  • That is inconsistent with my experience of serious criminal cases in Australia, which I believe reflects the practice in the United Kingdom. The police almost always offer the accused an interview after arrest, unless they are intoxicated.
    – sjy
    Commented Mar 19 at 5:35

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