If police informed you that you're getting charged for a criminal offence, you need to act now. At Woolfe & Co, we have represented thousands of clients from the moment they received a postal charge requisition or were charged at a police station. This guide reflects our experience — not just legal theory — and sets out the exact steps you should take to protect your position.
Being told you are going to be charged with a criminal offence is a frightening experience. Your mind races. You worry about your job, your family, your reputation. But the single most important thing to understand is this: what you do next matters enormously. In our decades of criminal defence practice, we have seen cases where early, decisive action led to charges being dropped, and cases where poor early decisions made an acquittal almost impossible.
How Are You Notified That You Are Being Charged With a Criminal Offence?
The police can inform you that you are being charged in several different ways. Each route carries slightly different implications, and it is important to understand which applies to your situation.
| Method of Notification | What Happens |
|---|---|
| Charged at the Police Station | You are formally charged while in custody following an interview. You may be released on bail or kept in custody for court. |
| Postal Charge Requisition | A letter from the police or CPS arrives by post detailing the charges and your court date. This is increasingly common. |
| Summons by Post | A formal court summons arrives, requiring you to attend a specific Magistrates' Court on a given date. |
| Voluntary Interview Followed by Charge | You attended a voluntary police interview under caution and later receive notification that you are being charged. |
What Should I Do Immediately After Being Told I'm Getting Charged?
The first 48 hours after learning you are being charged are critical. Here is a step-by-step guide based on what we advise our clients every day.
Step 1: Exercise Your Right to Silence
Do not discuss your case with anyone except your solicitor. Do not post on social media, do not message friends, and do not try to explain yourself to the police without legal representation. Under the Criminal Justice and Public Order Act 1994, adverse inferences can be drawn from your silence in certain circumstances, but this is a complex area that requires professional legal advice — not a panicked attempt to explain yourself.
In our experience, clients who speak to police or others before consulting us almost always say something that later harms their defence. The safest course of action is simple: say nothing until you have spoken to a solicitor.
Step 2: Secure Legal Representation Immediately
Contact a criminal defence solicitor as soon as possible. If you are at a police station, you have the right to free and independent legal advice — ask the custody officer to contact the local Duty Solicitor or request your own preferred criminal lawyer. If you have received a postal charge requisition, you should arrange a consultation with a private defence firm without delay. You may be eligible for criminal legal aid to cover the costs of your representation.
The earlier a solicitor becomes involved, the more they can do. Early representation can mean the difference between a charge proceeding to trial and a charge being dropped before it ever reaches court. A solicitor can also make representations to the Crown Prosecution Service (CPS) at the pre-court stage, which can lead to charges being discontinued or downgraded.
Step 3: Review Your Charging Documents and Bail Conditions
Read your charge sheet or Notice of Criminal Charge carefully. It will detail exactly what you are being charged with. Depending on your situation, one of the following will apply:
- You have been given a court date. It is a criminal offence under the Bail Act 1976 to fail to surrender to custody at the appointed time. Missing your court date can result in a warrant being issued for your arrest and a separate criminal charge.
- You have been released on bail with conditions. These may include residing at a specific address, observing a curfew, reporting to a police station, or not contacting named individuals. Breaching bail conditions can lead to you being arrested and held in custody until your court hearing.
- You have been remanded in custody. If the police or court have refused bail, you will be held until your next court appearance. Your solicitor can make a bail application on your behalf at the earliest opportunity.
Step 4: Check Your Eligibility for Criminal Legal Aid
If you have received a postal charge requisition or summons to attend court, legal representation will be subject to a means test to determine whether you qualify for public funding. The means test considers your income, savings, and household circumstances. Legal aid is also subject to an "interests of justice" test, which considers factors such as whether you are at risk of losing your liberty, your livelihood, or your reputation.
To check your eligibility, you can use the official GOV.UK legal aid checker. However, a criminal defence solicitor can also assess your eligibility during an initial consultation, which is often free.
Step 5: Begin Preparing Your Defence
Once you have instructed a solicitor, they will request the evidence the prosecution relies upon — known as the Initial Details of the Prosecution Case (IDPC). Provide your solicitor with anything that could help your defence:
- Witness details — names and contact information for anyone who can support your account.
- Documents and records — text messages, emails, photographs, CCTV footage requests, or GPS location data.
- Alibi evidence — details of where you were at the time of the alleged offence and who can verify this.
- Character references — letters from employers, colleagues, or community members attesting to your good character.