The world was graced with pictures and film footage of one of Australia’s richest men and a multimillionaire media mogul trading blows in a two-sided brawl. It was in public, in the middle of the day and can be classified as ‘affray’, a crime against public order, disturbing the peace and most importantly with the possibility of causing a bystander to be afraid.

Many potential crimes, including affray (as described above) can result in an innocent individual or someone who has acted contrary to their usual behaviour receiving a criminal record or worse yet being sentenced to jail.  It is critical that you know your rights when in such a situation; otherwise your interactions with the police could make your predicament much worse.

This article outlines what people’s rights are and what they should do if they are questioned, arrested and/or charged with an offence.

What Are My Rights?

If a police officer arrests, detains or questions you, you have the right to call a lawyer.

What this means is that you have the right to speak with a lawyer without delay.  Generally you will be provided with a telephone and phone book with lawyer’s numbers to be able to talk to one.

It is important to talk to a lawyer as soon as possible.  In most instances you do not have to answer police questions and it is advisable that speak to a lawyer before speaking with police.

The exception to this is that a police officer has the right to request your name and address if it is unknown to them.  You must provide the answer to these questions if asked.  It is best to speak to a lawyer to determine what questions you must answer and how you should react to any enquiries made of you by police.

Police Powers & My Obligations

Searches

The police do not have powers to search an individual prior to an arrest.  This is unless they reasonably suspect that they have committed an offence or are likely to destroy evidence.  Of course, there must be a ‘reasonable suspicion’ based on some factual basis for the suspicion, rather than a mere possibility.  Again, it is strongly suggested that you seek legal advice if you are confronted by police or the subject of a search warrant.

Arrest

If you are arrested the police must state the reason for the arrest, unless it is obvious to the individual and/or unless the individual makes it impossible for the police to inform them.  In Queensland, police don’t have to caution you when you are being arrested about your right to silence unless they want to question you as a suspect in a serious offence.  If you are unsure as to why you are being arrested ask and write down the details as soon as possible.  You should remain calm and comply with the police request if you are placed under arrest.  It is an offence to assault or obstruct police officers (or police dogs or police horses) when they are carrying out their duties.  Again, as soon as practicable you should ask to speak to a lawyer so that the lawyer can advise you of your rights and provide you with an overview of the process that will take place after your arrest.

Why Contact A Lawyer?

By contacting a lawyer you can receive advise about your rights in regards to the following:

• complying with a request by police to give a DNA sample,
• giving fingerprints and other identifying particulars,
• complying with a search warrant, and
• complying with requests by police to participate in a formal record of interview.

A lawyer can also provide you with an overview of the process associated with being charged and appearing in court.  They will also be able provide you with advice as to your prospects of defending the charges and the likely outcomes/penalties if you plead guilty.

Without competent legal advice and representation you may jeopardise your case and make your situation much worse. Always seek legal advice to ensure that you are acting in a manner that is in your best interest and in accordance with your rights.

Conclusion

It is imperative that if you or your loved one are suspected or involved in a police investigation that you obtain legal advice as soon as possible.  The use of a good criminal lawyer does not reflect guilt.

Rather, a competent solicitor can ease your concerns and nerves by assisting you with understanding your rights, obligations, as well as the processes and procedures.  It can often ensure that any unnecessary heartache is eliminated.

Speaking to a lawyer after the fact quite often can mean that an outcome will not be as good as what might have been if a client had spoken to the lawyer in the first place.  In closing, do not give away rights that are available to you or your loved one.

We have these rights for a reason.

How We Can Help

If you have been charged with a criminal offence speak to our expert lawyers and ensure that you liberties are protected.

Our criminal lawyers have assisted many individuals defend charges and obtain the best possible outcome.

As one of our clients said “Invest in the best. Q&S“.

Contact Us

Get the best representation. Contact Quinn & Scattini Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.