The advice worth having before you say a word.

Laura Baumanis, a partner at Olliers Solicitors, in conversation with Hatti Suvari on the Get Legally Speaking podcast. Lightly edited for reading. This is general information, not legal advice. To speak to the team, visit olliers.com or call the Manchester office on 0161 834 1515.

What kind of work does Laura do at Olliers?

I qualified at Olliers in 2008 and started here in 2005, so it has been a long time. We are a criminal defence firm and cover every aspect of it. Since around 2020 I have focused mainly on pre-charge cases: the point when someone first learns the police want to speak to them, or when they are about to attend an interview. In many cases the aim is to make sure it does not progress any further, so there is no charge at all. Where a charge is unavoidable, it is about guiding them through the court process and getting the best possible result. A big part of the role is simply looking after people, giving them someone they trust and can turn to for advice, without any judgment.

What is the most common mistake people make?

It tends to be in cases where things have been progressing and someone has either had advice they were not happy with, tried to run the case themselves, or relied on whatever they got from Google. People wrongly assume they only need a lawyer once they are charged. In reality, the damage often happens at the interview stage.

Why is the police interview so important?

The interview is one of the most crucial parts of the investigation. If you have a defence, it is your opportunity to put it forward. If what you say could amount to admitting an offence, that is exactly when you need advice on whether you should be saying anything at all. In some cases it is in your best interest to make admissions. In others it is the very worst thing you can do. People often think they know best, or worry about involving a solicitor, and just crack on. That can cause enormous problems later.

Can talking without a lawyer actually create the case against you?

Yes. Take an assault where the police have no admissible evidence, just some first accounts from the scene. Someone might not understand that provocation is not a defence to assaulting someone, only self-defence is, and in giving that account they essentially admit an assault the police could not otherwise have charged. Once those admissions are made, no one can take them back. Others do the opposite. They sit there and say no comment because that is what they saw on television, when they actually have a defence and witnesses who could help, and that can be what gets them charged. It is so important to get advice at the outset.

Why do people delay getting advice?

There are various misconceptions. Some say, I have done nothing wrong, so I do not need a solicitor, when that is one of the most important times to have one. Some bury their heads in the sand and hope it goes away. Others get told by friends or family to just say no comment. Many worry about cost, when at the police station you are automatically entitled to legal advice, whether you pay privately or use the free duty solicitor. And a lot of people under arrest think waiting for a solicitor will keep them there longer. It will not. We get there as soon as we are asked for.

What can family and friends do to help?

A lot of our referrals come from family. When someone is burying their head in the sand, relatives often start the research and make the call. One of the best things they can do is speak to a professional, get that initial advice, and encourage the person to get proper help immediately, even before anything has happened if they think an arrest is coming. What they should also do is make sure the person never discusses the case on social media. More often than not, people get into trouble online when a contentious situation is going on, because they cannot help airing their views.

How serious is social media, really?

Once it is on social media, it is out there and it can be used by either side. A post can be the difference between the police inviting you for a voluntary interview and wanting to arrest you so they can put conditions in place to stop you posting. I have had cases where posts were used against a client, and cases where a complainant's own posts helped us. Either way, do not start discussing it online.

Does getting a lawyer make you look guilty?

No. That belief puts people off, along with the fear of fees and the worry of being judged, and none of it should be a concern. Much like feeling unwell, you go and see a doctor rather than self-diagnose. It is the same with a legal problem. Just because you have been charged does not mean you are guilty. The presumption of innocence is still very much the driving force of our justice system, and it is on the prosecution to prove your guilt.

Which areas of criminal law are most misunderstood?

Some of it is the sheer complexity of the offences. Take indecent images. It is one of the anomalies in the law that someone can consent to sex at 16 but cannot lawfully take an intimate photo of themselves under 18. A lot of teenagers in relationships share images, and if, say, an 18-year-old has a 17-year-old partner, that can become a criminal matter even where everyone consented. We also see group chats where people share shocking images as a joke without realising the gravity of it. In many of these cases we can persuade the police or the CPS that prosecuting clearly consensual images between young people is not in the interest of justice, though it depends on the number of images, whether they were distributed, and the ages involved.

What is joint enterprise?

People do not always know that you do not have to commit the crime yourself to be guilty. Being present or encouraging what happens can be enough, and it comes under something called joint enterprise, which sounds more like a business deal than a criminal offence. It is one of the reasons I think the basics of the law should be taught in schools.

Is Google, and now AI, making this better or worse?

AI is both magical and, in this context, worrying, because you cannot be sure what sources it is drawing on. People are more reliant on it because it gives a quick answer, but you cannot be sure it is correct. Very often what someone has been given turns out to be American law, not ours, and you almost have to persuade them that you are right rather than Google. Do your research if you want to, then bring your list of questions to an actual lawyer and ask how accurate it is. Take what you read online with a pinch of salt.

What should you look for when choosing a firm?

Start with the level of experience and whether they have real knowledge of what you are facing, because different lawyers specialise in different areas. Many firms, including us, will let you speak to the lawyer before you decide to instruct. You need to feel comfortable, to trust them, and to be able to discuss the case honestly and openly without judgment. Look at independent reviews, and phone the firms to speak to them. And check who will actually handle your case, because a specialist in your exact problem is what you want, not a generalist.

If listeners take one thing away, what should it be?

Do not be afraid to reach out and speak to a solicitor. Get that initial advice and support. People are put off by the fear of fees, the fear of judgment, and the worry that asking for help looks like they have something to hide. None of that should stop you. If the case is weak, a good firm will tell you honestly. The regret people have is never getting advice soon enough. No one has ever said to me that they wish they had not instructed a lawyer at the outset. It is always, I wish I had you on board sooner.