Legal aid confusion.

[Jparki]

Hello, I hope you can help me. I was recently arrested and spent 36 hours in the police station until an initial court appearance and had no contact with my current employer. Therefore when asked on the day of court if I qualified for legal aid I sad 'no I am employed'. It later transpired that I had lost my job due to my arrest and need legal aid as I have no way of paying the costs of representation. My solicitor says that I must pay myself as at the time of court I said mistakenly that I was working. I don't know what my options are at this point.

[Amethyst]

Was your arrest something to do with your employer? or were you dismissed simply because you missed work for the time where you were under arrest ?

How long had you been employed with that employer?

You were correct when you answered the question, you were employed so you weren't mistaken at all. You can make an application for legal aid after that initial appearance due to the change of circumstances... but you probably need to look at your employers actions in dismissing you as well first.

[Jparki]

Was your arrest something to do with your employer? or were you dismissed simply because you missed work for the time where you were under arrest ?

How long had you been employed with that employer?

You were correct when you answered the question, you were employed so you weren't mistaken at all. You can make an application for legal aid after that initial appearance due to the change of circumstances... but you probably need to look at your employers actions in dismissing you as well first.

I was only a couple of weeks with my employer. It was both missing work and loss of driving license.
I don't know why my solicitor is telling I can't get legal aid then. Should I just get a different solicitor or apply for legal aid to pay him despite what he has said?

[Amethyst]

Loss of driving licence, presumably you required a driving licence to do the job - you'll probably know having only been there two weeks that you have very few rights unless you were dismissed due to a protected characteristic ( which you weren't ).

Ok so legal aid, is this solicitor one you were assigned at the police station?
I'd give Civil Legal Advice helpline: call 0345 345 4345 - a call - tell them you have had your first appearance but have lost your job because of the arrest and ask them if you can now apply for legal aid and what your solicitor has told you.

[Jparki]

Loss of driving licence, presumably you required a driving licence to do the job - you'll probably know having only been there two weeks that you have very few rights unless you were dismissed due to a protected characteristic ( which you weren't ).

Ok so legal aid, is this solicitor one you were assigned at the police station?
I'd give Civil Legal Advice helpline: call 0345 345 4345 - a call - tell them you have had your first appearance but have lost your job because of the arrest and ask them if you can now apply for legal aid and what your solicitor has told you.

I didn't want anything from the employer my sacking is fair enough. Thanks for your help. I will call them.

[Jparki]

I didn't want anything from the employer my sacking is fair enough. Thanks for your help. I will call them.

Sorry forgot to answer, I declined the solicitor at the station and only accepted the duty court duty solicitor on the day of appearance.