WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR CONSPIRACY TO COMMIT ARMED ROBBERY?

Although serious offences involving robbery saw a 10% decrease in England and Wales according to the latest Home Office statistics for the year ending March 2023, conspiracy to commit armed robbery remains a serious crime, and being arrested or charged can understandably be deeply distressing, so speaking to an experienced criminal defence solicitor at the earliest opportunity is key. This article will guide you through some of the immediate steps you should consider taking to protect your rights and help you understand the situation you are in. We will address common questions you may have, such as the importance of having legal representation and whether you need a solicitor specifically if you are accused of conspiracy to commit armed robbery. Additionally, we’ll cover the potential defences available to you, the likelihood of receiving bail while awaiting trial, and other frequently asked questions surrounding this particular offence.

Do I need a solicitor for conspiracy to commit armed robbery?

A solicitor who specialises in criminal defence can help guide you through the entire legal process. They will help you understand the charges, evaluate the evidence, and make sure that your rights are protected. Solicitors can also instruct specialist barristers if your case goes to trial, ensuring you have the best possible representation in court.

In conspiracy cases, the prosecution must prove that you agreed or planned with one or more individuals to commit armed robbery. Even if the armed robbery itself never took place, simply planning or agreeing to commit the act can be enough for you to face charges. Because conspiracy accusations often rely on complex and indirect evidence, having a solicitor is crucial to challenging the prosecution’s case effectively.

A solicitor will help you by:

• Clearly explaining the details and consequences of the conspiracy charges you face.
• Analysing the strength of the prosecution’s evidence and identifying weaknesses that can support your defence.
• Investigating alternative explanations or potential defences, for example showing that you did not agree or intend to commit any crime.
• Advising you on important decisions, such as whether to plead guilty or not guilty to the charges.
• Negotiating on your behalf where appropriate, which can sometimes result in reduced charges or penalties.
• Representing you at police interviews and throughout the court process, safeguarding your interests and your rights.

What are possible defences for conspiracy to commit armed robbery?

One of the potential defences to conspiracy to commit armed robbery involves demonstrating that there was never an agreement or plan between you and the other alleged parties. Conspiracy charges rely heavily upon evidence of a mutual agreement, explicit or implied, and if this does not exist or cannot be proven beyond reasonable doubt, it weakens the prosecution’s case significantly.

Another defence that may be relevant is that you withdrew from the conspiracy prior to the offence actually taking place. To rely successfully on withdrawal as a defence, it will generally be necessary to show clear evidence, for example demonstrating your unequivocal communication of your withdrawal to other involved parties, potentially coupled with active efforts to stop the planned robbery from taking place.

Further possible defences can include duress, which means that you were coerced or forced into participating due to threats, intimidation or fear of serious harm to you or someone close to you. Establishing duress involves proving several critical elements, notably that your involvement in the conspiracy arose directly from legitimate fear or threats, and that a reasonable person in your circumstances would have behaved similarly.

Additional defences could also include mistaken identity – where you have been wrongly identified as participating – or that any involvement you had was purely accidental, and you were completely unaware of the robbery plans. Challenges to the reliability of evidence against you, such as recorded conversations, witness testimony, or surveillance footage, may also help your defence significantly.

Will I get bail for conspiracy to commit armed robbery?

Initially, when deciding if you should be granted bail, the court will look at key factors including:

• The nature and seriousness of the offence you’ve been accused of.
• Your criminal history, including any past offences or convictions.
• Whether you’ve breached bail conditions in the past.
• The strength of the prosecution’s evidence against you – in other words, how likely is it that you will be convicted based on available evidence.
• Any potential risks you might present to the community or witnesses involved in the case.
• Your personal circumstances, including family responsibilities, employment situation, and ties to your local community.
• Any previous attempts you’ve made to evade arrest or fail to appear in court hearings.

Given that conspiracy to commit armed robbery involves allegations of violence and planning, the prosecution will usually argue that granting bail could pose significant risks. However, this does not mean it is impossible to get bail. Your criminal defence solicitor will present arguments and evidence in court to demonstrate that granting you bail would not put the public in danger, you will not interfere with witnesses, and you’re not likely to flee the jurisdiction.

A skilled solicitor will highlight mitigating factors, such as a stable personal background, strong community ties, family commitments, and willingness to comply with stringent bail conditions set by the court. These conditions could include passport surrender, a curfew, regular reporting to a police station, or electronic tagging.

Will I have to go to court if I’m arrested or charged for conspiracy to commit armed robbery?

If you have been charged with conspiracy to commit armed robbery, it is highly likely that you will have to attend court.

Conspiracy to commit armed robbery (an offence under the Theft Act 1968) is classified as an indictable offence and is generally dealt with in the Crown Court rather than the Magistrates’ Court. Cases at the Crown Court involve more comprehensive procedures and typically require the presence of the accused throughout proceedings, starting from the preliminary hearing through to trial.

Even when a defendant intends to plead guilty to conspiracy charges, court attendance is required. For a not guilty plea, attending a trial is unavoidable, as the prosecution will present their evidence before a judge and jury, who will then determine guilt or innocence.

Will I go to jail if found guilty of conspiracy to commit armed robbery?

The court will look at a variety of factors when determining the appropriate sentence, such as:

• The extent of your involvement in the conspiracy.
• Whether any weapons were acquired or used.
• The seriousness of the intended offence.
• Your criminal history and circumstances, including your age and background.
• Whether there were any mitigating circumstances, such as coercion or significant pressure from others involved.
• Your behaviour before, during, and after the planning of the offence, including any signs of genuine remorse.

Sentences can range considerably depending on the specific circumstances, but they often span several years. For this reason and several others, you should speak with an experienced criminal defence solicitor as early as possible if you have been charged.

Will I go to jail if it’s my first offence of conspiracy to commit armed robbery?

A first offence doesn’t automatically mean you will avoid jail time. Due to the gravity of conspiracy involving firearms or dangerous weapons, the courts often impose custodial sentences – even for those with an otherwise clean criminal record. That said, mitigating factors can influence sentencing positively in your favour. Mitigation may include:

• Demonstrating limited involvement or a minor role in the conspiracy.
• Being relatively young, vulnerable, or inexperienced and influenced by others.
• Showing genuine remorse and accepting responsibility early through a guilty plea.
• Having strong references, evidence of good character, or personal circumstances that demonstrate your offence was isolated and out of character.

Because sentencing is complex and involves discretion from the judge, it’s vital that you obtain specialist legal representation from an experienced criminal defence solicitor as soon as you’re aware of a charge or investigation. Your solicitor will work with you closely, preparing a comprehensive case to highlight all mitigating aspects clearly to the court.

Can I get Legal Aid for conspiracy to commit armed robbery?

Legal Aid in England is available for criminal defendants whose financial circumstances meet specific criteria and whose cases are considered serious enough to warrant funding. Conspiracy to commit armed robbery is classified as a severe offence, carrying potentially lengthy prison sentences, so it is highly likely your case will satisfy the seriousness threshold.

Your eligibility for Legal Aid typically depends on two key assessments:

• Means Test: This examines your financial circumstances, including your income, savings, and assets. Generally, if your income is limited and savings are modest or nonexistent, you may qualify for support. If you receive certain benefits, such as Jobseeker’s Allowance, Income Support, or Universal Credit, you are usually deemed automatically eligible.
• Interests of Justice Test: Given the gravity and complexity involved in conspiracy to commit armed robbery charges, this aspect is usually easily satisfied. The charges carry serious consequences, making it key that you receive professional legal advice and representation.

To find out whether you qualify for Legal Aid, your solicitor will help you submit the required application.

Where to get more help

A skilled criminal defence solicitor can guide you carefully through the complexities of a conspiracy to commit armed robbery charge, ensuring your rights remain protected at every stage. If you or someone you care about is facing criminal charges, secure expert legal advice without delay. Get in touch with the team at Stuart Miller Solicitors today for a confidential discussion about your case and how we can help you move forward.

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06:44 29 May 24

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17:12 17 May 24

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23:16 24 Apr 24

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20:24 06 Mar 24

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10:14 16 Feb 24

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15:27 08 Feb 24

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20:42 07 Feb 24

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20:48 06 Feb 24

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Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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