Advice on Evidence

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What is the strength of the prosecutor’s case?

You can benefit from the advice of a Glasgow criminal lawyer on the considered objective view of all the evidence (considered together with your instructions as to what you say has (or hasn’t) occurred). When a Glasgow criminal lawyer does this, they ordinarily give an opinion on two things:

  • One – The evidence

  • Two – The prospects of success following a trial

This advice is important for an accused person so that they can make an informed decision at an early stage about whether or not to plead not guilty or guilty to the charges. A discount can be obtained on sentencing for an early plea of guilty. It is important, when giving this advice, that clients are able to assist by providing as much information as possible to allow their Glasgow criminal lawyer to understand the context of what their client says occurred (or didn’t occur) and likewise, so that they can better understand all the evidence.

What should you do to assist with your Glasgow criminal lawyer’s consideration of the case?

In a broad sense, the following things are important, and will often be of great assistance to you Glasgow criminal lawyer (and your case):

  • Go over the whole witness statements and evidence in your case and make notes of any important aspects of the evidence (for instance, are some things untrue or can some things be contradicted by other evidence?).

  • Prepare your written instructions so that they can understand the background of what you say has (or has not) occurred.

  • If you are firmly intending to plead not guilty, consider there whether there are any potential witnesses, who could be called on your behalf at trial, that may be able to provide information in support of your defence.

  • Consider whether you have any further evidence (for example, emails, text messages, phone records, CCTV footage) that may be able to cast a positive light on your defence. If you do, you should make sure that your Glasgow criminal lawyer is aware of it immediately and is shown it so that it can factor into their advice to you.

Why is it so important for you to be involved in your own case?

At the end of the day, your Glasgow criminal lawyer, for the most part, can only be as good as the instructions they receive. Whilst a Glasgow criminal lawyer can consider the evidence and form an objective view, that view can sometimes change dramatically with the benefit of further information. That information can only come, in the general sense, from you as a client.

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Common example of a drugs case with positive client involvement

A common scenario is where a client is charged with a possession of drugs with intent to sell or supply. Those drugs are commonly found inside a house where the accused person resides.

The strength of such a case against an accused will often come down to:

  • The location where the drugs are found inside the house.

  • Whether the accused’s DNA is found of the drug packaging.

  • Whether there was any evidence that would otherwise tend to suggest that the accused person was the possessor of the drugs (for example, text messages or intercepted calls that would indicate that the accused was engaged in drug dealing).

  • Whether the accused has made any admission to the possession of the drug.

When an accused person’s position is along the lines of “the drugs weren’t mine” or “I knew the drugs were inside the house but they are not mine”, it will be important that your Glasgow criminal lawyer is fully appraised of information such as:

  • Were there other occupants of the house?

  • Do those occupants have prior convictions for drug dealing or were they drug dealing at the time?

  • How long have you been living at the address as opposed to the other occupants?

  • Have your previously taken drugs with the permission of the true possessor (that is, had access to the drugs briefly but not being the ultimate possessor of the drugs)?

  • Whether there are any witnesses that can speak to the fact that the drugs belong to another person.

This is the type of information that will undoubtedly be of utility to your Glasgow criminal lawyer when it comes to their assessment of the case against you and the prospects of you successfully defending such charges.

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