Criminal Lawyers

Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999

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Criminal Fixed Fee
Criminal Mitigation Pack : £295 including VAT

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Criminal Lawyers – What we do

We advise on motoring charges, criminal offences, directors’ disqualification, fraud including Tax/pension and VAT fraud, benefit fraud, violence, sexual assault charges, drugs charges (rape/anal & virginal), and bail applications.

We handle Appeals if you have been convicted or sentenced too severely.

We advise you on PACE (Police) interviews. We can draft your Criminal Justice Act Witness Statement or Affidavit. We can negotiate on your behalf with the police, CPS and National Crime Agency.

We do not allow our clients to make verbal statements, we submit written statements.

We have a very high success rate in having charges dropped or penalties reduced, due to our tenacious attitude and thoroughness in dealing with the police, CPS, HMRC and DWP.

We have an team of doctors, psychiatrists and expert witnesses as well as ex-police officers and private investigators, who together with you as a team strive to obtain the best possible outcome of your case.

The types of cases we deal with –

  • Benefit Fraud
  • Tax credit fraud
  • Pension Credit Fraud
  • Appeals
  • Criminal Cases Review Commission
  • Proceeds of Crime Freezing Orders
  • NHS Fraud
  • VAT Fraud
  • Serious offences against children including sex and violence
  • Rape – Anal and virginal
  • Wounding/gbh with intent (Section 18)
  • Wounding/gbh without intent (Section 20)
  • False imprisonment
  • Arson
  • Motoring Offence
  • Dealing, being concerned in the supply, or intending to supply any controlled drug
  • Motor vehicle crimes including taking without consent and criminal damage to vehicles
  • Any offence where a racial motivation has been proved
  • Ponzi schemes
  • Boiler Rooms
  • Bail including the Police and Crime Act 2017
  • Intellectual property (Unjustified Threats) Act 2017

Mitigation Lawyers

We present evidence in mitigation including medical and psychiatric evidence, and evidence from accountants and other experts to ensure that the Court has the complete picture of the circumstances.

We advise on spent convictions, Rehabilitation of Offenders Act and applying for CRB and advanced CRB.

We advise on how to deal with your obligations to the Care Quality Commission.

White Collar Crime

We advise on money laundering charges and breach of fiduciary duty claims. We have particular experience of defending white collar crime, tax and VAT fraud and corporate offences, search, freezing and confiscation orders.

Fraud

We can help clients identify and prevent fraudulent practices occurring within their businesses in the first place. We can advise on investigations by HM Revenue & Customs, Financial Services Authority, Department of Trade and the Serious Fraud Office (SFO).  We are fast, efficient and cost effective, and better and cheaper than solicitors. We are registered with H.M.R.C as tax and tax credit advisors.

Download the Fraud sentencing tariff as a pdf.

Criminal Injury Compensation

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If you or a family member have been injured, or worse, a family member has been killed, we can help you recover substantial compensation under the Criminal Injuries Compensation Scheme. Our Mrs Maud Bergvelt works on a no- win- no fee US style contingency basis, and has a very high success rate. She has recovered over £1,000,000 for clients.

Court Appearances

We will take you through the strength and weaknesses of your case to prepare you for the hearing. We will guide you and be by your side every step of the way, and will assist you to give your evidence clearly and effectively.

We will even advise you on what to wear in Court.

We Specialise in dealing with the National Health Service (NHS) fraud investigation.

More Information – see NHS Fraud page

We are better, cheaper and faster than solicitors. For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

We offer a fast and efficient service and are committed to a high level of client satisfaction. We are based in London but work countrywide and internationally. Rodney Hylton-Potts is a member of the International, US and New York Bar Associations.

Insurance Fraud

If you have been accused of dishonest or an exaggerated insurance claim, or a claim has been refused, based on what the Insurance Company claim is fraud, contact the Experts.

We never allow our clients to be interviewed. We repeat, if you become a client of ours, you will never be interviewed

We are here not to judge you but to help you.

For more information or a free legal opinion telephone 020-7381-8111 or email law@hylton-potts.com.

Accept a caution with caution

A caution may sound like a friendly warning, but accepting one is an admission of guilt.

Be under no illusions, a police caution is an admission of guilt and can have serious consequences.

The preconditions for administering a simple caution to an adult offender are that there must be sufficient evidence to found a realistic prospect of a conviction, and it must be in the public interest to prosecute.

The police are under huge pressure to meet targets of ‘clear-up’ rates. For them, a caution serves the same purpose as a conviction in the ‘case solved’ ledger – without the need and cost of any investigation work and the risk of a trial. Of course, in the right case, a caution can be a sensible and timely diversion from a formal prosecution. But beware.

The common public perception, no doubt encouraged by the police officer who administers the caution, is that a caution is really just a slap on the wrists, a ‘mind how you go’ warning. It is not. A caution amounts to an admission of guilt. It is not a conviction, but it is recorded on a person’s criminal record. It may have to be disclosed to an employer. It can be used against a person should they come before the courts in future.

Yet, one can well imagine the dilemma faced by a person arrested and taken to the police station for the first time – cautions tend only to be offered to people with little or no criminal record – when offered the option of a caution. Of course, the officer who administers the caution is obliged to inform the person of all the implications, and should only offer a caution where there is a clear and reliable admission of guilt

One can imagine that a person is also left with the impression that if he signs on the dotted line that will be the end of the matter. And yet, the consequences can be immense.

So if you are in trouble with the police- contact the experts.

For more information or free legal advice telephone 020-7381-8111 or email law@hylton-potts.com

The attached numbers and organisations may be helpful – click here to download (pdf).

Protect yourself against scams – download “Scambusters – your guide to beating the scammers“.

Necessity of arrest

In Richardson v The Chief Constable of West Midlands Police, the claimant sought damages for false imprisonment. He claimed that his arrest was unlawful on the grounds that the arresting officer had or no reasonable, grounds for considering that it was ‘necessary’.

The claimant, a teacher, faced an allegation of assault by a pupil. He had agreed to attend police station A by appointment with his solicitor. The solicitor made representations to the effect that arrest was not necessary on the basis that the claimant was content to be interviewed on a voluntary basis.

Nevertheless, he was duly arrested and according to the custody record, the arresting officer was of the view that the arrest was necessary for the “prompt and effective investigation of the offence”. The custody sergeant noted on the record that the arrest was necessary on the basis that the claimant would have to be arrested, should he attempt to leave during the course of the voluntary interview.

The claimant was released on bail and, in due course, informed that the police had decided to take no further action. He then challenged the lawfulness of the arrest by means of judicial review.

It was held that the arrest was unlawful as the defendant had failed to establish that the ‘necessity’ requirement had been satisfied. There was no evidence as to whether, and if so why, the arresting officer considered it necessary to arrest the claimant. There was no evidence that an evaluation was made of the need to arrest, taking into account all relevant circumstances including his voluntary attendance at two police stations and the absence of any evidence to suggest he was likely to leave before the end of the interview.

The court found that the arresting officer’s belief that arrest was necessary would have been unreasonable.

Defence solicitors should take a copy of this decision with them when attending the police station if it is anticipated that representations as to the necessity to arrest may be appropriate.

A practice has developed at certain police stations of declaring an arrest to be necessary for a prompt and effective investigation, supporting this with a perfunctory reference to the seriousness of the matter or the hypothetical risk of the volunteer leaving mid-interview.

However, this case demonstrates that courts will expect contemporaneous evidence that the necessity test was given proper consideration by the arresting officer and that there was a proper evaluation of all the relevant circumstances.

It is now clear that an unsubstantiated assertion that the volunteer may choose to leave mid-interview, in the absence of any evidence in support of this contention, is unlikely to satisfy the necessity requirement.

Accordingly, it is crucial that advisers ensure that all relevant circumstances are brought to the attention of the arresting officer and that any representations are fully endorsed on the custody record.

If you have a problem with the police, or could be arrested, consult the experts – For more information or free legal advice telephone 020-7381-8111 or email law@hylton-potts.com

Bench Warrant

A bench warrant is a type if arrest warrant which is issued by a judge or court, most typically when someone fails to comply with a court order or requirement. When a bench warrant is issued, law enforcement have the authority to pick up the subject of the warrant and bring him or her to court to address the charges of a bench warrant; the subject is literally brought before the judge’s bench to respond to the warrant. Bench warrants are often used as tools for fighting contempt of court, a willful disregard of a court order. Some judges are more prone to issuing bench warrants than others; as a general rule, you should avoid contempt of court anyway, as the penalties can be severe.

One example of contempt of court is a failure to appear in response to a jury summons. A judge can issue a bench warrant which obligates someone to come to court and answer contempt charges, although many judges do not want to deal with the paperwork of issuing bench warrants for people who fail to appear for jury duty. More commonly, a bench warrant will be issued to someone who did not show up for a court date, or for someone who decides to disobey a subpoena to testify in a case.

In order to file a bench warrant, a judge must generally demonstrate a personal knowledge of the contempt which instigated the warrant. Otherwise, a judge must wait for someone to file an affidavit requesting a bench warrant. For example, if person N fails to pay child support to person Y, peron Y’s lawyer can file an affidavit for a bench warrant to request the presence of person N in court. Person N must explain why he or she failed to pay child support at this court appearance.

A bench warrant is slightly different from a more general arrest warrant. A warrant for arrest is issued when a law enforcement agency has reason to believe that someone has been involved in a crime. For example, an arrest warrant will be issued by a court for someone who is accused of murder so that he or she can be indicted and tried. Typically, someone can pay bail to get out of jail after an indictment hearing has been held, while the subject of a bench warrant may not be allowed to pay bail if the court determines that the person needs to be held in jail, since she or he is deemed a flight risk.

For more information or free legal advice telephone 020-7381-8111 or email law@hylton-potts.com

Fare dodging, Caught without a ticket and Transport for London

If you have been caught on a train or bus without paying your fare, and or have received a summons which could lead to a criminal record look no further.

We are experts at getting Transport for London and other authorities, to offer a caution or civil penalty rather than going to Court and giving you a criminal record.

For more information or free legal advice telephone 020-7381-8111 or email law@hylton-potts.com

Social Housing Tenants and Fraud

If a social tenant grants a holiday let, they are committing a criminal offence under the Prevention of Social Housing Fraud Act 2013.

Sometimes a prosecution can be avoided by submitting a mitigation package or handing back the keys,with an amnesty.

If you are under investigation for subletting your flat take expert legal advice.

We never allow our clients to be interviewed. We repeat, if you become a client of ours, you will never be interviewed

Hylton-Potts advising on social housing throughout the country, operate highly-competitive fixed fees and have an excellent track record of persuading local authorities not to prosecute.

For more information or free legal advice telephone 020-7381-8111 or email law@hylton-potts.com

Making Complaints against professional bodies

If you are making a complaint against;

  • National Crime Agency
  • the British Transport Police
  • the Ministry of Defence Police
  • Home Office
  • Her Majesty’s Revenue and Customs
  • Mayor’s Office for Policing and Crime
  • Police and Crime Commissioners
  • Civil Nuclear Constabulary

We can help you at highly competitive fixed fees.

For more information or free legal advice telephone 020-7381-8111 or email law@hylton-potts.com

Disclosure and Barring Service (DBS)

If a police record or other database reflected on the DBS is not accurate, and it is causing you difficulty and you wish to appeal an entry with DBS, we can help.

We are experts at handling DBS disputes and complaints and taking steps to correct incorrect data.

This can be important when working with children or in relation to a Public Carriage Office licence or other position.

Further information about DBS appeals and disputes can be found on the Government website here and the personnelchecks.co.uk website here.

Hylton- Potts can help with problems like this. We operate from London offices but help clients all over the country at highly competitive fixed fees.

There is an office hours free confidential hotline 020 7381 8111 and a 24-hour free confidential email legal help service law@hylton-potts.com