Frequently Asked Questions
Criminal Law
In the police station it is free for everyone. In the Magistrates Court, the majority of our cases are funded by legal aid, some clients, if earning over a certain amount may need to pay privately, our solicitors can advise you of our rates and charges. In the Crown Court everyone is entitled to legal aid, however those who earn over a certain amount of money may have to make a contribution towards the cost, which is refunded if you are found not guilty.
Yes, anything that you tell us is completely confidential, please see our page on confidentiality
Every case is different and our experienced solicitors will be able to advise you on the possible sentence of any charge you may face. No one case is the same and there are lots of factors that are taken into account when a judge or magistrate considers sentence. Haider solicitors aim is to get the best result that they can for their client and that doesn’t just stop once a case has been decided by the court. We make sure that the best mitigation is put to the court for the client so that they have the best chance of getting the lowest sentence possible for their case.
You will need to attend back at the police station at the time and date stated on your bail sheet, however you should call us and we can make enquires with the police on your behalf to find out what is happening with the investigation and whether the CPS (Crown Prosecution Service) have made a decision about what to do next. We may be able to avoid you having to attend the police station if they have not made a decision yet.
Call us and let us know what the summons says. We will be able to advise you at this point on the best way of dealing with the matter and discuss your options for funding.
You must attend court. Call us and we can make an appointment for you to discuss your case with one of our solicitors we can discuss your options with you and apply for funding and represent you at court.
There has to be a good reason for the court to transfer a representation order for legal aid from one solicitor to another, however there are certain circumstances where this does happen. We know just how important it is for you to trust and have confidence in your solicitor, especially when there is so much at stake. If you are unhappy with your current solicitor you can call us in confidence and we can advise you if there are any steps you can take.
In some instances it may be possible to appeal the POCA order, you should call us for further advice on this matter and an experienced solicitor will discuss any options with you.
Prison Law
Prison law looks after the rights of prisoners
A person can be held in any prison and has no legal right to transfer. However if someone does want a transfer they can ask for this through the request and complaints system. They should gives the reasons and as much detail as possible for this request (e.g. to be closer to my family so that they are able to visit).
If you are worried about the mental health of your family member or friend, you may wish to share this with the prison. You could write or call and ask to speak to the ‘safer custody’ team in the prison and let them know about your concerns. You could also share this with the healthcare team. Please be aware that it is likely that staff are unlikely to be able to share much information with you, if any, due to confidentiality issues. It may help to get written consent from your family member/friend giving them permission to share information with you.
What most people don’t realise is that even after conviction, sentencing and serving time in prison you may face confiscation proceedings under POCA 2002. This is if you are found to have financially gained from your offence. The Prosecution can seek to recover what you have gained from your criminality and will assess what you have gained from the offence and seek to recover this from any assets that you have.
You are correct in stating that if any legal mail is opened it should be done so in your presence. Rule 39 of the Prison Rules 1999 states that any correspondence between a prisoner and his or her legal adviser or a court may not be opened, read or stopped unless the Governor has reasonable cause to believe that the correspondence contains an illicit enclosure, or that the Governor has reasonable cause to believe that its contents endanger prison security or the safety of others or are otherwise of a criminal nature. Even then it may only be opened for examination in the presence of the prisoner concerned (unless the prisoner waives the opportunity) and the prisoner must be informed if it (or any enclosure) is to be read or stopped. In regards to incoming mail from your solicitors, it should be clearly marked with ‘Rule 39’ and again should only be read by a Governor if he/she has cause to believe that the contents of the letter would endanger prison security or the safety of others or are otherwise criminal in nature.
Family Law
Family law refers to any law which affects matters relating to children or families. Family law is usually invoked as a result of change of legal status (e.g. marriage, divorce or adoption), where criminal activity is involved (e.g. neglect or abduction), or when parents are unable to agree between themselves regarding contact, responsibility and so on.
Relationship breakdown
You will need to demonstrate that your marriage has irretrievably broken down, by being able to prove one of the following five facts:
• Your spouse has committed adultery
• Your spouse has demonstrated unreasonable behaviour
• Your partner has left / deserted you for a continuous period of 2 years
• You have been separated for at least 2 years and you both agree to the divorce
• You have been separated for at least 5 years – it doesn’t matter if your partner doesn’t agree to the divorce
• If you have been married for less than 2 years, you can only use unreasonable behaviour, adultery or desertion as your reason for getting divorced.
A divorce can take between 6-8 months if not disputed, from issuing the petition to the Decree Absolute. If the divorce or finances are disputed, then this timescale can be longer depending on when such issues are resolved.
If you have not put in place a ‘living together agreement’, any of the following could apply.
• If you do not own the property in which you live or you do not own a share of the house in which you live you have no automatic right to stay there.
• Other than child maintenance, you have no right to receive maintenance for yourself from your ex-partner.
• If you live in a rented property together and the tenancy is in your ex partner’s sole name you have no right to stay if you are asked to leave.
• If the possessions within the property are owned by or were purchased by your ex-partner, you have no automatic right to a share of those possessions.
Care & Social Services
A Supervision Order is where a child is placed under the supervision of the Local Authority, but this does not give it parental responsibility. The child is not taken into care and remains with the parents, with the local authority being legally obliged to offer support and assistance to the child and his/her family. An Interim Care Order is a temporary care order which gives social services parental responsibility for a child, which they then share with the parents. It means that social services can decide where a child will live while the court proceedings are continuing.
The focus should always be on what is in the best interests for the children. If this cannot be agreed, the court can decide for you, but will encourage you to attend mediation first.
Contact rights are generally the right of the children and not the parent. Provided that there is not a risk of harm to the children, contact will be ordered by the Court. It is best to negotiate contact arrangements by direct discussions or by attending mediation to agree on the way forward. If you cannot agree, an application can be made to the Court, providing that you have attended a MIAM (Mediation Information and Assessment Meeting).
Mediation
Mediation helps couples going through separation or divorce to work out and agree arrangements for themselves and their children. If these issues can be agreed between you through mediation, it saves the cost of going through a Court to make the decisions for you.
Mediators cannot provide legal advice but can provide information about the legal process of divorce and the procedures that the Court follows.
An appointment can be made with a Mediator either individually or jointly. The Mediator will explore whether mediation will be appropriate to you and acceptable.
Mediation will help you to reach your own agreements, instead of a judge deciding for you. The mediation meetings will help you to come up with your own ideas and solutions to the problems you face arising from separation or divorce.
Relationship Finance
You do not have to attend mediation if you have agreed all family and divorce matters. If you wish to apply to Court relating to children or finances on a divorce matter, you will need to normally have attended a MIAM before making the application.
What you are entitled to depends upon your circumstances and whether you are married or living together. It is best to obtain legal advice on this from a family law solicitor.
This usually happens on a voluntary basis, but where one party will not cooperate it can be directed through the Court. Within divorce proceedings, you can make a financial application to court. The court will then direct the information as a requirement of the proceedings by way of a Financial Information disclosure form, called Form E.
Immigration Law
Immigration law refers to the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are often conflated.
Our fees depend on the type of case and complexity of the case and the type of service you require. Once we have established the above we can give you a cost.
Turn around time will depend on how quickly we can get all the necessary information and supporting documents from and/or your sponsor as well as the type of application being made.
Haider Solicitors make every effort to ensure you have the best possible chance of getting a successful decision from the Home Office, so we won’t just rush through a case once we have taken your hard earned money. However that said, if we can get everything we need for your case quickly, Haider Solicitors can submit your application within 7 working days of you instructing us.
You will be speaking to one of our expert immigration & asylum specialist solicitors.
Haider Solicitors offer a free 30 minute consultation with an experienced immigration solicitor and once we have completed this we can discuss the best course of action for you.
If your application is rejected, you may be able to appeal the decision. Haider Solicitors have successfully handled a number of appeals and we would assess your case properly first to determine all possible grounds of appeal.
Sufficient knowledge of English is a requirement applicable to some visa applications. Whereby unless you are a national of a majority English speaking country, you must either have a recognised academic qualification that was taught or research in English, or take an approved language test with a minimum level of CEFR A1 in speaking & listening.
Leave to Enter gives you permission to enter the UK for a limited period only, and your stay is subject to several conditions e.g. restrictions on employment or no access to public funds.
Leave to Remain gives you permission to enter the UK for a limited period only, and stay is subject to several conditions e.g restrictions on employment or no access to public funds.
Personal Injury
Do you believe you have been injured as a result of the negligence of another person or organisation? Have you been injured as a result of an accident that was not your fault? If so, you might be entitled to compensation.We will be able to advise you on whether the other party is likely to be found responsible and therefore whether you have a reasonable case.
If you have had an accident then the usual rule is that unless your claim has settled, court proceedings have to be commenced within three years of the date of the accident. If the injured person was a child at the time of the accident then usually the child has three years from their 18th birthday to have commenced court proceedings. The time limit is not always three years – for example if the accident happened at sea. More complex rules apply to industrial disease cases.
If you think you might have a claim then the best thing to do is to call us straight away. Our specialist personal injury solicitors can advise you about the time limit that applies to your case.
One of the most common things we get asked is “how do I finance my injury claim”? Haider Solicitors deal with cases on a no win no fee basis. Put simply, this means that if your claim is not successful then you should not be charged anything.
If your case is successful ordinarily most of your fees will be paid by your opponent. Some legal fees might have to be deducted from your compensation at the end of the case. This might depend, for example, on whether you are a member of a union or if you have legal expense insurance.If we think you have a good case and if you want to proceed then we can consider the best way forward for you in terms of how your claim is ‘funded’.
Generally speaking, you can claim for two things. First, you can claim for your actual injuries, the pain and suffering that you have experienced, and how your injuries have affected different aspects of your life, such as your working life and social life. How your injuries might affect you in the future is also considered.
In most cases we obtain specialist medical reports regarding your injuries. Secondly, you can also claim for past and future financial losses and expenses.
How much compensation you will get very much depends upon what injuries you have suffered from, how they have affected you and how they might affect you in the future.
Our specialist personal injury solicitors will ensure that you claim everything that you are entitled to claim.
We will give you advice about how claims are valued and how much your claim is worth.
We have accumulated an enormous amount of experience over the years and we will use this to your advantage in terms of getting as much compensation for you as possible.
Taxi Licensing
Yes. If your taxi licence is revoked or suspended you can appeal to the magistrates court.Any appeal must be lodged within 21 days of the decision to revoke being notified. The council must then prove that you are not a fit and proper person. In most cases, you can carry on taxi driving pending appeal. There is also a further right of appeal to the Crown Court.
Yes. You can appeal to the Magistrates’ Court. Any appeal must be lodged within 21 days of the refusal being notified. The Court will then decide whether or not you are a fit and proper person. There is also a further right of appeal to the Crown Court.
Anyone applying for a new taxi licence has to show that they are a fit and proper person. Penalty points or a previous disqualification from driving are not an automatic bar. It depends on the circumstances and every case is different. Even if the council refuses to issue a licence, you can appeal to the Magistrates’ Court.
You have 21 days in which to lodge an appeal which will be heard at the magistrates court. However, if issues have arisen with your current licence you may be called before a local authority licensing committee to discuss further.
It depends. Penalty points must be notified to the local Council who may revoke or suspend your badge. However, it depends on the circumstances and every case is different. If the Council does revoke or suspend your licence, you can appeal to the Magistrates’ Court. The Council must then prove that you are not a fit and proper person. In most cases, you can continue taxi driving pending appeal.
Why choose Haider Solicitors?
Over 30 years’ experience
Free initial interview
24-hour emergency contact numbers
Competitively priced
Legal aid agency
Free walk-in surgeries on specific days
Punjab speaking staff available
See our testimonials page
