Criminal/police law
Our solicitors have wide experience in criminal cases, from murder and assault to drink driving and all types of driving or license matters. We will usually be able to give you a firm quote once we have sat down and talked with you about your situation. (This first consultation is free.)
Here are some quick pointers that might help you.
Consequences of apprehended violence orders (AVOs)
Apprehended violence orders can have serious consequences. You could lose your job, or your be disqualified from doing certain types of work or holding certain types of licenses. These orders can prevent access to your children. It is in your best interests to get legal advice before agreeing to any order or going to court.
Tougher penalties for drink driving
The courts are under pressure to impose tougher penalties for drink driving offences, including jail sentences, so we suggest you at least speak to a lawyer before going to court.
Don’t just give up
Some people wrongly feel that even if they are not guilty that it is hopeless to fight police charges. If you properly defend a case then usually you have reasonable chance of success. We can give you realistic advice about your chances of success during your initial interview.
Approaching the police about withdrawing or reducing charges
It is possible to adjourn a case and make representations to the police to withdraw or reduce charges. This needs to be done at the start before a plea is entered in court. Again we can advise you about this when we see you.
The Right to Silence – The Right to Decline to Answer Questions asked by the Police.
The Law in New South Wales is that a person can be required by the Police to give the Police their name and address and to show them their drivers licence. Other than those things however, everyone has the right to refuse (politely) to answer any other questions asked of them by the Police whether those questions are asked on the side of a road, at a person’s home or in a Police Station. If a Police Officer repeatedly asks you questions you can repeatedly, politely decline to answer those questions. You simply have to say something such as “I decline to answer any further questions” and keep repeating that in response to any and every question the Police ask.
Obviously if you want to answer questions asked by the Police, because, for instance, you are a witness and wish to help the Police, or you are the victim of a crime and you want the Police to assist you, then it is your choice as to whether or not you answer their questions, and you are free to either answer them or not answer them.
The Police cannot detain you simply because you refuse to answer their questions. If they did so it would be an unlawful imprisonment/arrest on their part. The Evidence Act specifically protects any person who declines to answer Police questions from having the fact that they refused to answer questions used in any Court Hearing as evidence against them or as any basis to suggest that the person is guilty of anything.
It is important however that, in refusing to answer questions that you remain polite and calm no matter how many times the Police ask the same questions over and over again.
Unlawful arrest
Police officers do not have a general power to arrest people. They cannot arrest anyone unless certain circumstances occur. If they wrongly arrest you then you may be able to sue the police for wrongful arrest.