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

Being arrested or charged with conspiracy to commit bank robbery is understandably distressing, but speaking with a qualified criminal defence solicitor at the earliest possible stage can help alleviate worry and ensure that your rights and interests are effectively safeguarded. In this article, we will explain common queries such as whether you need legal representation if you are charged with conspiracy to commit bank robbery and what potential defences might be raised on your behalf. We will also discuss the factors courts may consider when deciding if you will be granted bail, and guide you through each step clearly and concisely.

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

Engaging a specialist criminal defence solicitor as soon as possible can significantly improve your experience going through the charging process, as well as the ultimate outcome of your case. A solicitor will thoroughly review the prosecution’s case against you, examining key evidence and ensuring your rights have been respected throughout the investigative process. They can also advise you on your options, whether negotiating a plea arrangement or mounting a robust defence at trial.

A solicitor will also help by:

  • Explaining the charges clearly and advising on potential defences available to you.
  • Assessing and scrutinising all prosecution evidence and documentation.
  • Ensuring your legal rights and entitlements are fully protected during interrogations, searches or arrests.
  • Negotiating with the prosecution, potentially reducing the charges or securing leniency in sentencing.
  • Advocating effectively for you at court hearings and at trial, if the case reaches that stage.

Given the severity of the potential consequences, instructing a solicitor for conspiracy to commit bank robbery is not merely advisable – it is considered essential.

What are possible defences for conspiracy to commit bank robbery?

If you have been charged with conspiracy to commit bank robbery, it is very important to understand that a number of defences may be available to you. That said, which defence is most suitable will depend greatly on the specifics of your case.

One possible defence is demonstrating a lack of intent. For the prosecution to successfully prove conspiracy, they must establish that you entered an agreement with at least one other person to rob a bank, and that you intended clearly and specifically for that robbery to occur. If you had no genuine intention for the robbery to take place, or never genuinely agreed or planned to commit it, this may represent an important defence.

Another possible defence is to show withdrawal from the conspiracy. If you were originally involved but subsequently withdrew from the plan, this could potentially reduce or eliminate your criminal liability. However, demonstrating withdrawal as a successful defence can be complicated. To successfully claim withdrawal, you would typically need to show:

  • That you clearly communicated your withdrawal from the conspiracy to the other individuals involved.
  • That you took reasonable steps to prevent the robbery from going ahead, such as contacting the authorities or informing others unrelated to the conspiracy.

Additionally, you may have a defence if you can prove duress or coercion. For this defence to succeed, you must demonstrate that you only agreed or participated in the conspiracy because you or someone you care about faced serious threats or immediate harm. You must also be able to show that you had no reasonable choice other than participating in the offence.

Sometimes, the prosecution’s evidence against you may be unreliable or inadequate. Criminal charges for conspiracy rely heavily on communication between those involved. Therefore, if your solicitor can establish that the prosecution has relied upon evidence obtained illegally, inaccurately, or misleadingly, this could weaken their case significantly and provide an effective defence.

Will I get bail for conspiracy to commit bank robbery?

The court will primarily assess the risk associated with granting you bail, considering concerns such as:

  • The likelihood of you failing to appear for future court hearings.
  • The possibility of you committing further offences while on bail.
  • The potential risk of interference with witnesses or obstruction of justice.
  • Your previous criminal record, if any.
  • The strength and seriousness of the prosecution’s case against you.

For conspiracy charges involving violent offences like bank robbery, the court will pay serious attention to whether releasing you on bail might put public safety at risk. However, each application for bail is judged on its own merits, and your solicitor can present arguments highlighting factors in your favour, such as:

  • Ties to your local community, such as family relationships, employment, or your housing situation.
  • Evidence demonstrating that you have cooperated fully with the police investigation.
  • The absence or limited nature of any previous criminal convictions.
  • Any exceptional circumstances or personal factors such as health issues or caring responsibilities.

Remember that part of your solicitor’s job is to gather evidence and advocate on your behalf to maximise your chances of being granted bail, ensuring your rights and interests are protected throughout the process.

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

It’s extremely likely that you’ll need to attend court hearings if you have been charged with conspiracy to commit bank robbery.

In England and Wales, conspiracy charges relating to serious offences are typically tried in the Crown Court due to their severity. Initially, you will appear at a Magistrates’ Court, where the charge will ordinarily be transferred to the Crown Court. At that stage, attending court isn’t optional – it’s a mandatory requirement – and failure to attend without a reasonable excuse can lead to further criminal charges and potential arrest.

Throughout the court process, the following steps usually occur:

  • A preliminary hearing at the Magistrates’ Court, during which the case is normally sent to Crown Court.
  • One or more pre-trial hearings in Crown Court, where procedural issues are discussed and decided.
  • A trial at Crown Court, if you do not plead guilty, when evidence will be presented, witnesses may be called, and the case argued by your defence and the prosecution.

Even if you intend to plead guilty, attendance at court will still be required. A solicitor will help guide you through these proceedings, outline clearly what is expected of you at each stage, and represent and support you during your court appearances.

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

If you are found guilty of conspiracy to commit bank robbery, it is quite possible that you could receive a custodial sentence.

When determining whether or not imprisonment is appropriate, and if so, the length of the custodial sentence, the court will consider several factors, including:

  • Your specific role in the conspiracy—the more significant your role or involvement is perceived to have been, the greater likelihood of a harsher sentence.
  • The degree of violence, threat or intimidation that was planned or actually used (if applicable).
  • Whether weapons or equipment were involved or were planned to be involved during the commission of the robbery.
  • Any mitigating factors, for example genuine remorse, your previous good character, early guilty pleas, or cooperation with authorities.
  • Any aggravating factors, such as previous convictions, or significant harm or trauma caused to victims.

Given the seriousness of charges of conspiracy to commit bank robbery, custodial sentences are certainly possible – and indeed likely – in most cases.

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

Facing a charge of conspiracy to commit bank robbery is usually an overwhelming experience, especially if it is your first offence. Whether or not you go to jail for your first offence, however, will depend greatly on the circumstances surrounding your case. Several key factors are typically considered by the courts in determining sentencing, including:

  • Your specific role in the conspiracy – whether you were a driving force behind the scheme or had minimal involvement.
  • The nature and seriousness of the planned robbery, including whether threats of violence or weapons were part of the conspiracy.
  • Any previous convictions or evidence of prior criminal activity, even if unrelated to robbery or conspiracy charges.
  • Whether genuine remorse has been demonstrated, along with cooperation with the authorities and a guilty plea if appropriate.
  • Personal mitigating factors, such as your age, character references, employment history, personal circumstances, and likelihood of reoffending.

Generally speaking, conspiracy to commit armed robbery or bank robbery often leads to custodial sentences, even for first-time offenders. However, significant mitigation, cooperation with law enforcement, and strong personal circumstances can sometimes result in reduced sentencing outcomes, potentially leading to suspended sentences, community orders, or other penalties as alternatives to immediate prison time.

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

In England and Wales, Legal Aid is available for individuals facing criminal charges, including serious allegations such as conspiracy offences. Whether you qualify for Legal Aid depends primarily on two factors: the nature and severity of the offence you face, and your personal financial circumstances.

Because conspiracy to commit bank robbery is classed as a serious offence, it typically meets the ‘interests of justice’ test. You must, however, also satisfy the means test, which looks at your finances, including your income, savings, and expenses. This includes:

  • Your income from employment or benefits.
  • Your partner’s income, if applicable.
  • Your household expenses and financial responsibilities.
  • Savings, assets, and capital you have at your disposal.

If your financial circumstances exceed the threshold for Legal Aid, you will need to fund legal representation privately or explore alternative funding options.

Where to get more help 

A skilled criminal defence solicitor will help you navigate the complexities of the legal system, protecting your interests at every stage and early legal advice can often positively influence the outcome of your case. If you find yourself in need of expert legal support for conspiracy to commit bank robbery charges, get in touch with the experienced team at Stuart Miller Solicitors today.

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