Guides

Our lawyers have the most appropriate balance of skills, expertise and experience you will need at every stage of a criminal case. No one ever plans to be arrested, but it might help to think just once about what you will do and not do if you ever hear the phrase "You're under arrest. Put your hands behind you."

More important to guarding your rights and interests are ten things you SHOULD NOT do:

1. Don't try to convince the Police of your innocence. It's useless. The Police only need “reasonable grounds” to suspect you have committed a crime in order to arrest you. Police do not decide your guilt and they don't care if you are innocent or not. It is the job of the judge or jury to free you if the Police are wrong. If you feel that urge to convince the Police that they have made a mistake, remember the overwhelming probability that instead you will say at least one thing that will hurt your case, perhaps even fatally. It is smarter to save your defence for your lawyer.
2. Don't run. It’s highly unlikely you could out run the Police and it will only make your situation worse. There are charges associated with running from the Police and hefty penalties attached to them if convicted. It is in your best interest to co-operate with Police at the time, while exercising your right to silence.
3. Don't make a statement!!! You have the right to remain silent. The only information required to be given to the Police is your name, date of birth and address. We strongly advise saying “no comment” to any additional questions asked. Many people make admissions to offences that could never have been proven. We have seen clients who have literally added charges that they would not have otherwise been charged with, or added years to prison sentences by speaking to the police before they spoke to their lawyer. Should there be relevant information to be provided to Police that you think will help you, the best and safest way is to do this through your lawyer.
4. Don't give permission to search anywhere, unless a search warrant has been provided. If they ask, it probably means they don't believe they have the right to search and need your consent. The police have limited powers of search. This is also a good reason not to talk, even if it seems all is lost when they find something incriminating. Charges can be dismissed if a search is unlawful.
5. If the Police are searching your car or home, do not obstruct their search, as this could result in further charges. Rather, be present to observe the search and ensure it is being conducted fairly. If asked questions during the search, respond with “no comment”.
6. Don't resist arrest. Above all, do not push the police or try to push their hands away. That would likely result in a charge of obstructing a public officer, or even assaulting an officer. In addition, any slight injury to an officer will turn your potentially minor offence into something more serious.
7. Don't mouth off to the police. Police have a lot of discretion in what charges are brought.
8. Do not believe what the police tell you in order to get you to talk. Their job is to obtain as much information as possible and make their task of investigating easier. For the Police, it is easier if you speak to them. You may also believe that the Police will be more likely to grant you bail if you make a statement. If you make a statement full of admissions you are probably less likely to get bail, not more likely. Additionally, Police often make representations as to the severity of your matter and likely penalties you will face, regularly downplaying the likely penalties for a plea of guilty. Generally, the Police are not legally trained and cannot offer you accurate information and often provide incorrect information. Always exercise your right to obtain legal advice.
9. Don't let them in (unless they have a warrant or tell you they have a lawful reason to search) . If at home, do not invite the police into your home as this gives them the power to search. If the police have a warrant, do not obstruct them. If an offence has recently been committed and the police have reasonable grounds to suspect you are involved, they can arrest you and search your home or the parts of the home you occupy if in shared accommodation.
10. Don't delay. If the police are looking for you or inviting you to come to the station for a 'chat' call us NOW. Some quick intervention from a skilled lawyer could have a huge impact on your life. We deal with police officers every day.

That's it: Ten simple rules that will leave as many of your rights intact as possible if you are arrested.

We pride ourselves on obtaining the best possible result for clients in a professional, cost effective and efficient manner. Contact our office so that we can help you stay out of jail.