
An arrest is frightening. Especially if you are not familiar with the criminal justice system. Many people panic. They rush to say the wrong things.
Unfortunately, those early errors can impact the entire case. But worry not. We will tell you what to do in such an incident.
Here is how to navigate NSW law.
Table of Contents
Do not resist arrest
If you resist an arrest, it may cause more legal complications. Just stay calm. Even if you feel the arrest is unfair. Avoid:
- Fighting back
- Trying to escape
- Being aggressive.
Otherwise, you risk additional charges.
Instead:
- Be calm
- Follow any lawful instructions
- Avoid emotional reactions.
In other words, cooperate physically. This does not imply guilt. It just helps to avoid unwarranted complications during arrest.
Exercise your right to silence
You have the right to remain silent. The only thing you can say is your:
- Name
- Address
- Date of birth.
Otherwise, you are not obligated to respond regarding the alleged offense.
Some people often start explaining themselves right away. ‘’If I am honest, it will work out,’’ many people assume.
In fact, that is more of making statements when under stress. Your information may be:
- Incomplete
- Misunderstood
- Inconsistent.
What you say could be used against you.
So, what if the police ask about the allegation? Politely decline. Say that you want to speak with a lawyer.
Understand why you are being arrested
Police must inform you of the reason for your arrest. This includes the nature of the suspected offense.
Suppose you don’t know what the allegation is. Simply ask. You need to know exactly what charge or suspicion you face. Then you can determine whether to answer questions or give any statement.
Employ a lawyer
One of the most crucial things you can do is to contact a lawyer right away. Criminal lawyers Sydney are familiar with:
- Court processes
- Bail applications
- Interview strategies
- Police procedures.
They can advise you on many things, including:
- Your rights
- Whether or not you should be interviewed by the police
- The strength of the allegations
- How to protect yourself from making damaging statements.
Seek legal counsel early. It really helps during the investigation phase. Do not wait until it is too late.
Exercise extra care in police interviews
Police interviews are commonly audio- or video-recorded. Avoid random:
- Remarks
- Comments
- Jokes
- Speculations
- Emotional responses.
They can appear in evidence later.
You might take part in the interview when given legal counsel. However, answer carefully and honestly. Avoid:
- Speculating
- Exaggerating
- Trying to make up information you cannot remember.
Suppose a question is not clear. Ask for clarification.
Know your bail rights
The police can release you and grant bail. They might as well refer you to court for a bail hearing. Bail comes with conditions like:
- Reporting
- Travel restrictions
- Restricted contact with some individuals.
Make sure you understand what to do and not do.
The takeway
When arrested, there is one good thing you can do. Seek legal counsel immediately! A criminal lawyer will stand with you throughout the process. In addition, they will work hard to protect your rights.
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