KNOW YOUR RIGHTS WHEN YOURE ARRESTED
Published on 27.08.2015 by Peter Russo
If you or someone you love is arrested, the situation will be confusing and distressing. It’s difficult to make the right choices with these intensified emotions. In addition, the average person is not well versed in law, which can lead to mistakes or an accidental waiving of your rights.
You should understand your rights, particularly if you or a family member are facing arrest. We answer some common questions below to prepare you for that situation. Call Russo Lawyers as soon as possible for expert legal advice.
When Can Police Officers Arrest Me?
A police officer can only arrest you under a few specific circumstances. If the police reasonably believe you’ve committed a crime or have a warrant, they have basis for your arrest. Additionally, if the police believe you are mentally ill and will hurt yourself or others, you can be legally arrested.
If you haven’t been arrested, you don’t have to go anywhere with police officers or answer questions.
After an arrest, the police must inform you that you are under arrest and give the reason for your arrest. Under no circumstances is resisting arrest a good idea, as that action has its own separate charge. Polite and calm interactions with the police can only help you. Contact Russo Lawyers as soon as possible to ensure you get the best legal advice.
What Information Do I Have to Provide?
Unlike what you may see in American crime dramas, Australia doesn’t require a reading of “Miranda Rights.” However, the police should “caution” you and make sure you understand your basic rights.
You have the right to silence. You can refuse to answer police questions or decline a record of interview. You can answer police questions by saying, “No comment,” and your silence does not mean you are guilty. This right protects you in the seemingly impossible position of providing evidence no matter what you do.
After an arrest, Police have the power to require you to provide your correct name and address. Lying about your name or address is a criminal offence. They may also take fingerprints, and an officer of the same sex may search you. If they take anything from you during a search, they will provide you with a receipt for all items. Contact Russo Lawyers as soon as you can for accurate legal information about dealing with police officers.
What Can I Request?
After an arrest, you still have specific rights. Many of these rights cover what you can legally request to protect you.
You have the legal right to call a friend or family member without police overhearing. The most important right is that you have the right to talk to a lawyer in private. It’s important that you call caring and reliable people for emotional, financial and legal help. You also have the right to contact these people before police questioning.
If you do not understand English well, you can request an interpreter. This interpreter won’t cost you anything, because you have a right to understand and be understood. Contact the experts at Russo Lawyers for private conversations with an experienced lawyer and expert legal advice.
If you are under the age of 17, you should tell the police officer immediately. You have the right to have a parent or guardian present when searched or questioned. The same rights apply if you are a legal adult with cognitive disabilities or mental illness.
Keep in mind that the legal system is complex, and you may have other rights because of your specific circumstances. Seek legal advice as soon as possible. An experience and qualified lawyer will look into your specific case. Then he or she can make the legal process simpler and easier for you and your family.
If you or a loved one is dealing with an arrest, it is vital that you call an experienced lawyer such as Russo Lawyers. We offer 24 hour advice to ensure you get the best legal advice possible. We’ll be able to answer your questions and explain your options.
Contact Russo Lawyers via phone or email for more information about our expert legal advice.