WHAT TO DO IF
If you are in the South West and need help with criminal matters remember Shaddicks
As a leading firm centrally situated in Busselton in the South West, Shaddicks have been helping generations for more than 50 years. Shaddicks are a trusted household name in the South West.
What to do if:
The Police ask you questions.
You generally have a right to silence. The police have a right to ask you to properly identify yourself. Give them correct and true details but nothing else. Exercise your right to silence. Remember the Police can use information you give them voluntarily against you. Even if you believe you are innocent you should not talk to the Police until after you have obtained legal advice. Remember even if you think you have done nothing wrong the Police are asking questions from you to try and further their investigations and perhaps charge you.
The Police Want to Question you about a Crime?
You must give the Police your name and address but generally you don’t have to answer questions or sign a Statement. Before speaking to the Police first get professional advice from Shaddicks Lawyers. Shaddicks will give you advice on how to prepare, what your strategy should be and what the possible outcomes are. Don’t risk your future.
I’ve Been Asked to Go to the Police Station to Answer Questions.
Check whether you have been arrested by asking the Police Officer. If you have not been arrested then you do not have to accompany the Police Officer. Ask the Officer. If you are arrested note the Officer’s name and number and ask to call Shaddicks. If you have been arrested then you need to accompany the Police Officer. You should not resist arrest. If you are not under arrest you have no obligation to attend the Police Station unless you wish to make a statement. If you are confused call Shaddicks. Our experienced Lawyers are local and committed to protecting your rights.
If I am arrested.
Check the Police have placed you under arrest by asking them to confirm you are arrested, then ask for the Police Officer’s name and number detail and ask what charges are being laid against you. Keep calm and say nothing. Exercise your right to silence. Request that the Police allow you to make a telephone call to your Lawyer or to any other person who can organise legal advice and contact Shaddicks Lawyers. Shaddicks Lawyers are experienced local and committed to protecting your rights. Do not say anything to the Police about your charge or the alleged offence until you have obtained legal advice from Shaddicks.
Normally after your arrest you will be interviewed by the Police and the statement recorded. You have a right to elect not to answer questions. The Officers may ask you to take part in a recorded interview. Declining the offer may be in your best interests. If you are asked questions before you have obtained legal advice then politely refuse each question saying words like "I do not wish answer your questions or partake in a recorded interview until I have obtained legal advice from my lawyer. Please could you contact my lawyer at Shaddicks Lawyers”.
You have a right to have a lawyer in attendance through a recorded interview but it is better to have legal advice before any recorded of interview.
Contact Shaddicks as soon as possible to ensure your rights are protected and the law works for you.
Normally once charges are laid you can leave the Police Station. If the matter is a minor offence you may be given Police bail in certain circumstances or you might be told that you will summonsed to appear in Court later. If the offence is a serious one you may be kept in custody until the charges are dealt with by a Court. A formal bail application mayneed to be made to the Court.
If the Police want to Take my DNA.
DNA testing can generally only occur for offences that carry a potential sentence of 6 months imprisonment or more or a fine of more than $2,000.00. You have a right to refuse to give DNA if the offence you are charged with has a potentially lower lesser sentence. If the Police insist on taking a DNA sample then do not resist them but contact your lawyer at Shaddicks straight away once you are able to.
The Police are not entitled to hold you in custody for more than 24 hours before bringing you before a Magistrate. Before the Magistrate you can apply for bail. Ask to call Shaddicks or if you can’t then tell the magistrate of your requests and the Police refusal to allow you to contact a lawyer of your choice.
If the Police have served me with a Restraining Order and told me to Leave Home.
The Police have powers under the Restraining Orders Act which includes the right to serve an immediate restraining order on a person thereby causing them to leave their home. See if you can attend home with the Police Officer to get what belongings you need then do not return home or breach the order. Call Shaddicks Lawyers for some help and we can give you sound legal advice to secure and protect your rights.
If I think I have committed a crime.
Even if you are convinced by the Police or somebody else that you may have committed a crime or should plead guilty there are many ways to ensure you don’t get a criminal conviction. It is important that you get good legal advice as quickly as possible and exercise your right to remain silent. Don’t admit anything and don’t say anything.
Once you speak to a member of Shaddicks legal team they can assess your case give you advice on your rights and duties and help to ensure you face the criminal process with a lawyer who can protect your rights. There may be a defence or you may be acquitted because the charge was wrongly framed. It might be that one of the requirements for a conviction is not met or it may be that the prosecutor hasn’t got enough evidence to prove you committed the offence beyond a reasonable doubt. Whatever the case is its important that you do not admit your guilt and retain your right to silence before obtaining sound legal advice from the experienced team at Shaddicks. Phone Shaddicks for an appointment or if you need them to help you then call us on 97521699.
Shaddicks appreciates that when you are alleged to have committed a crime it can be very stressful. Shaddicks experienced lawyers give confidential advice to clients before, during and through the Court process.
Shaddicks can provide sound advice and representation to anybody taking a matter to trial or simply requiring the matter to be pleaded for them