Criminal Law - I Am Charged; What Should I Do?

The two most common ways that you may be charged with a criminal offence are by way of a Summons or a Warrant. This article will briefly outline what you need to do if you have been charged by the police or by a Government agency of a criminal offence.

 

The most important point to remember is that, with a few exceptions, you are entitled to remain silent. The exceptions are usually that you have to provide the police or the appropriate authority with your name and address. For example, in the case of a traffic accident, you need to provide your name and address, details of driver and other information like details of your insurer.

 

It is advisable not to participate in any record of interviews with the police whether verbally, in writing, recording or video taped. This is so even if you want to help the police or to clear your name as if you are charged, all of your dealings with the police may be used in Court as evidence. Often, the evidence would be against your interest.

 

Further, when you are in an interview room most of the time you are not your normal self. This is because you are in a foreign environment with 2 strangers (police officers) and often with microphones and cameras recording your every movement.  The interview room is often small and about less than half the size of a normal bedroom with poor ventilation and without any window. You would feel nervous and hence may say the wrong thing which may haunt you further in the proceedings.

 

Without running the risk of simplifying Andrew Mallard’s case, Mr Mallard suffered 12 years in prison as a result of him theorising to the police in recorded interviews about how a certain robbery and consequent murder took place in a jewellery store in Perth. Mr Mallard’s cause was not assisted by the fact that certain important evidence were not disclosed to Mr Mallard’s counsel by either the WA police or by the Director of Public Prosecutions. 

Although Mr Mallard is now free and fully exonerated, it took a brilliant journalist, a dedicated team of lawyers (working on a pro bono basis), a committed politician (formerly a lawyer), a supporting family, and the High Court of Australia to “right the wrong”. One question that you may ask yourself is that if you are in the same situation, will you be that lucky to have the above people fight for you? So whenever you are asked to participate in an interview with the police, think of Mr Mallard and you will know why competent lawyers ALWAYS advise their clients not to make a statement or participate in an interview unless the law requires you to do so.

Hence, if you are being questioned by the police, ask to speak to a lawyer. If you cannot get access to a lawyer, then wait. However, do not be surprise if the advice you receive from a lawyer is that you not to make a statement or to participate in an interview with the police.

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Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email