Criminal Matters
I have been charged with a criminal offence and do not know what to do. What would be your initial advice?
We therefore recommend not answering any questions you are not legally required to answer (generally only your name and address) until you have spoken with your lawyer.
Specific defences are available for certain charges, which should be considered before deciding how to proceed.
Unfortunately, many people plead guilty to simply ‘get it over with’. They do not realise the impact this can have if any further offences are committed or whether a charge could have been defended or a lesser penalty achieved. Certain penalties such as the recording of a conviction can have detrimental effects on future employment and possible overseas travel plans.
Those who do plead guilty are given an opportunity to describe their background, the circumstances of the offence, and any reasons why their penalty should be reduced. There are also incentives for early guilty pleas.
Contested charges that do not resolve at earlier proceedings are decided at Trial. In most police matters, the Prosecution must prove the charge beyond reasonable doubt, which means that no reasonable person would have any reasonable doubt that you are guilty of the offence with which you have been charged.
In some circumstances you may also be eligible to claim against the police part of your legal costs if you are successful in defending the charge.
What are my rights when being questioned by Police?
• Your full name.
• Your address.
If the Police inquiry relates to your registered motor vehicle then it will be necessary for you to provide the name of the person that was driving your motor vehicle at the date and time nominated by Police.
To other questions simply reply, “I exercise my right to remain silent until I receive legal advice” – or simply say “I don’t wish to answer”.
Ring Scammell & Co. on 8447 4466 or 8212 6875 (or after hours on 0412 975 081) as soon as the Police give you an opportunity to call a solicitor. We will provide you with further advice over the telephone and can even negotiate with the Police to get bail for you.
I have just had my first court appearance and the matter has been adjourned (put off to another date). Am I still on Bail?
If you are on bail, it is very important that you follow all of your bail conditions including attending every court hearing in your matter. Breaching your bail conditions is a criminal offence punishable by imprisonment. If you wish to have anything altered on the bail agreement – for example, you want to move house and change your bail address – you will need a solicitor to make a formal application to the court to vary your bail. We can explain your bail conditions to you.
I have recently been arrested and placed on police bail to appear in court at a later date. I need to get my bail conditions varied to travel interstate for work. What should I do?
I have been charged and asked if I would like to provide a statement. Should I do this?
We are able to obtain statements, notes, CCTV footage, forensic test results and other evidence from prosecution in relation to your matter. It is important we review that material prior to obtaining your final instructions.