Best Criminal Defense Lawyers in Stonehaven

About Criminal Defense Law in Stonehaven, United Kingdom

Stonehaven sits in Aberdeenshire, Scotland, so criminal cases arising in and around Stonehaven are handled under Scots law. Scotland has its own criminal courts, procedures, and prosecuting authority. Most cases from Stonehaven are heard at the Aberdeen Sheriff Court and the Aberdeen Justice of the Peace Court, with the most serious cases going to the High Court of Justiciary, which also sits in Aberdeen. The prosecutor is the Crown Office and Procurator Fiscal Service, often called the Procurator Fiscal or COPFS. Police Scotland is the national police force.

Criminal defense in Scotland covers advice and representation from the earliest stage of a police approach or arrest, through interview and charging, to bail hearings, trial, sentencing, and any appeal. Key features of Scots procedure include the right to speak to a solicitor before and during a police interview, distinct summary and solemn procedures, and time limits and disclosure rules that differ from those in England and Wales. If you are suspected or accused of a crime in Stonehaven, early legal advice can strongly affect what happens next.

This guide provides general information for people unfamiliar with Scottish criminal law. It is not legal advice. If you face an investigation or charge, speak to a qualified Scottish criminal defense solicitor without delay.

Why You May Need a Lawyer

You may need a criminal defense lawyer if the police ask you to attend a voluntary interview, if you are arrested or taken into custody, or if you are released on an undertaking to appear in court. A solicitor can explain your rights, attend your police interview, and help you decide whether to answer questions, provide a prepared statement, or remain silent.

Legal help is essential if you are charged or cited to appear at the Aberdeen Sheriff Court or Justice of the Peace Court. A solicitor can request disclosure of the Crown case, assess the strength of the evidence, advise on pleas and defenses, and represent you at first calling, intermediate diet, and trial. They can negotiate with the Procurator Fiscal about alternatives to prosecution, reduced charges, or agreed facts.

Specialist advice is important for road traffic cases such as drink or drug driving, speeding, careless or dangerous driving, and totting up of penalty points. It is also vital in allegations of domestic abuse, assault, theft, fraud, drugs supply or possession, sexual offenses, or serious violent crime. Many of these carry significant penalties and long term consequences for employment, travel, immigration status, and professional registrations.

You should also get legal advice if you are offered a fiscal fine or diversion, if your property has been seized, if you face a proceeds of crime investigation, if you are subject to bail conditions or a non harassment order, or if you want to appeal a conviction or sentence. Parents and carers should seek advice promptly if a child is contacted by police or the Children’s Reporter.

Local Laws Overview

Courts and prosecutors in the Stonehaven area operate under Scots criminal procedure. The Procurator Fiscal investigates and prosecutes crime. Most local cases go to Aberdeen Sheriff Court or the Aberdeen Justice of the Peace Court. The High Court of Justiciary deals with the most serious offenses and with solemn appeals, while the Sheriff Appeal Court hears summary appeals.

Police powers and interviews are governed mainly by the Criminal Justice Scotland Act 2016 and the associated Codes of Practice. If you are in police custody you have the right to have a private consultation with a solicitor and to have a solicitor present during any interview. The police caution in Scotland is typically: you are not obliged to say anything, but anything you do say will be noted and may be used in evidence. Initial custody normally lasts up to 12 hours, extendable in limited circumstances to 24 hours.

Charging decisions and alternatives to prosecution are made by the Procurator Fiscal. Alternatives can include written warnings, fiscal fines, diversion to social work or other services, or fixed penalties for certain road traffic matters. Whether to accept an offer should be discussed with a solicitor because accepting it can create a record and have consequences.

There are two main court procedures. Summary procedure is used for less serious cases in the Sheriff Court or Justice of the Peace Court without a jury. Solemn procedure is used for more serious cases in the Sheriff Court with a jury or in the High Court. The prosecutor must disclose relevant material to the defense. Time limits apply, including a general 6 month time bar for many summary charges under the Criminal Procedure Scotland Act 1995, although exceptions exist and different limits can apply to statutory offenses.

Bail in Scotland is generally presumed unless there is a good reason to refuse it. Cases often start with release on an undertaking, which includes a requirement to attend court on a set date and may impose conditions such as no contact with a named person or staying away from an address. Breach of bail or undertaking conditions is a separate offense and can lead to remand in custody.

Sentencing options include admonition, fines, compensation orders, community payback orders with various requirements, disqualification from driving, restriction of liberty orders with electronic monitoring, and imprisonment. The Scottish Sentencing Council issues guidelines to promote consistency. For some offenses such as domestic abuse under the Domestic Abuse Scotland Act 2018 or certain road traffic offenses, Parliament has set specific penalties and disqualifications.

Criminal records and what must be disclosed to employers are governed by the Rehabilitation of Offenders Act 1974 as modified for Scotland, and by Disclosure Scotland schemes. Convictions can become spent after rehabilitation periods, but some roles require higher level disclosures where more information may appear. The Protecting Vulnerable Groups scheme applies to regulated work with children or protected adults.

Children and young people are usually dealt with through the Children’s Hearings System under the Children’s Hearings Scotland Act 2011. The age of criminal responsibility in Scotland is 12, and prosecution of children under 16 is rare. The Scottish Children’s Reporter Administration may become involved where welfare and offending overlap.

Road traffic law is UK wide but enforcement and court process are local. Scotland has a lower drink drive limit than England and Wales. The limit in Scotland is 22 micrograms of alcohol in 100 millilitres of breath or 50 milligrams of alcohol in 100 millilitres of blood. Penalties for drink or drug driving include mandatory disqualification and can include imprisonment for more serious cases.

Police stop and search must comply with the Code of Practice on Stop and Search in Scotland. Searches require reasonable grounds unless a specific statutory power applies. If you believe a search or seizure was unlawful, a solicitor can advise on challenging evidence.

Frequently Asked Questions

What happens after I am arrested in Stonehaven?

You will be taken into police custody, told the reason for your arrest, and given your rights. You can speak to a solicitor and ask for one to attend any interview. Custody can last up to 12 hours and can be extended to 24 hours in limited circumstances. The Procurator Fiscal decides whether you are released without charge, liberated pending further investigation, released on an undertaking to attend court, or kept in custody to appear at court the next lawful day.

Do I have to attend a voluntary police interview?

You are not under arrest in a voluntary interview, but what you say is recorded and can be used in evidence. You have the right to legal advice and to have a solicitor present. You should seek advice before agreeing to attend and before answering questions. A solicitor can often arrange to attend with you and can manage communications with the police.

Can I have a lawyer during a police interview in Scotland?

Yes. You have the right to consult a solicitor privately and to have a solicitor present during interview. You are not obliged to answer questions. A solicitor can advise whether to answer, provide a prepared statement, or remain silent. Free advice is available through the duty solicitor scheme in custody.

What is an undertaking and what does it mean?

An undertaking is a form of release from custody that requires you to attend court on a specified date and to comply with any conditions set, such as no contact with a named person. Breaching conditions or failing to attend is a separate offense and can seriously affect bail. Keep a copy of your undertaking paperwork and give it to your solicitor immediately.

Will I get bail at court?

There is a presumption in favour of bail unless there is a good reason to refuse it, such as risk of reoffending, interfering with witnesses, or failing to attend. The court can impose conditions, including residence, curfew with tagging, or no contact with witnesses. A solicitor will argue for your release and propose suitable conditions if needed.

What is the difference between summary and solemn procedure?

Summary cases are heard by a sheriff or a justice of the peace without a jury and are used for less serious charges. Solemn cases are used for more serious allegations and are heard before a sheriff and a jury or a High Court judge and a jury. Procedures, time limits, sentences, and appeal routes differ between the two.

Should I accept a fiscal fine or diversion?

It depends on your circumstances. Accepting a fiscal fine or diversion avoids court but can create a record and may have disclosure consequences. It can also count against you if you later offend. Do not accept an offer without first getting legal advice on the evidence, the consequences, and any better alternatives.

How does criminal legal aid work in Scotland?

Criminal legal aid is administered by the Scottish Legal Aid Board. Assistance is available at the police station regardless of means. For court representation, eligibility depends on income, assets, and the interests of justice. In summary cases, Assistance by Way of Representation may apply. Your solicitor can explain what you qualify for and help with forms.

Will a conviction affect my job and travel?

Possibly. Some convictions become spent after a rehabilitation period and then do not need to be disclosed for most jobs. Regulated roles and higher level disclosures may still show more information. Certain convictions can affect visas and travel to other countries. Get advice before pleading and before accepting any fixed penalty or fine.

How do I appeal a conviction or sentence?

Strict time limits apply. In summary cases, appeals go to the Sheriff Appeal Court, generally within 7 days for a note of appeal against conviction or sentence. In solemn cases, appeals go to the High Court of Justiciary. A solicitor can advise on prospects, lodge the necessary documents, and request bail pending appeal where appropriate.

Additional Resources

Crown Office and Procurator Fiscal Service - prosecutes crime and handles disclosure to the defense.

Police Scotland North East Division - local policing for Stonehaven and Aberdeenshire.

Aberdeen Sheriff Court and Justice of the Peace Court - hears most Stonehaven area criminal cases.

Scottish Courts and Tribunals Service - information on court procedures, locations, and fines.

Scottish Legal Aid Board - information on eligibility and how criminal legal aid works.

Public Defence Solicitors Office Aberdeen - publicly funded criminal defense solicitors.

Citizens Advice Scotland Aberdeenshire - general legal information and signposting to local help.

Victim Support Scotland - support for people affected by crime, including court familiarisation.

Sacro - community justice and diversion services that may be relevant in some cases.

Disclosure Scotland and PVG Scheme - guidance on criminal record disclosures and regulated work.

Next Steps

If you think you may be investigated or have been asked to attend a police interview, contact a Scottish criminal defense solicitor immediately and ask them to attend with you. Do not give a statement or hand over devices or passwords without advice unless the law requires it. If you are in custody, ask for the duty solicitor.

If you have been released on an undertaking or cited to court, note the court date and location carefully, keep all paperwork, and give copies to your solicitor. Discuss funding and legal aid at once. Your solicitor can request disclosure from the Procurator Fiscal, take your instructions, identify defenses, and advise on whether to plead guilty or not guilty.

Follow all bail and undertaking conditions strictly. Gather helpful material such as witness details, CCTV locations, phone or vehicle data, and employment or medical records. Do not contact witnesses or alleged victims unless your solicitor advises and any bail conditions allow it.

Attend every court hearing on time. Dress appropriately and allow for security screening. Your solicitor will represent you, negotiate with the Crown where appropriate, and prepare for trial if the case is defended. If you are convicted, your solicitor can address the court on sentence and advise on appeal rights and time limits.

This guide is general information and not legal advice. Criminal law is complex and fact specific. For tailored advice about a Stonehaven or Aberdeenshire case, speak to a qualified Scottish criminal defense solicitor without delay.