Stay Calm and Cooperate
Resisting arrest or arguing with police can make things worse. Stay calm, keep your hands visible, and comply with lawful directions.
Ask Why You Are Being Arrested
The police must tell you why you are being arrested. If they don’t, politely ask: “What am I being arrested for?”
Exercise Your Right to Silence
Every person has a right to silence in Australia! The police are even telling you in advance that you have the right to remain silent. You may think that because they are the police they can take away you’re rights HOWEVER……You have the right to remain silent except for giving your name, address, and date of birth. You do not have to answer any other questions.
Simply say:
“I do not wish to answer any questions without speaking to my lawyer.”
Taken back to the Police Station?
Request a Lawyer Immediately. You have the right to legal advice. Ask to contact our firm as soon as possible. If you are arrested at night or when our firm is not open, you can request to speak with Duty Lawyer from Legal Aid NSW until you can contact us.
Do Not Consent to Searches Without Legal Advice
Police may search you if they have a valid reason, but if they ask for permission, you can say: “I do not consent to a search.” Never physically resist, as this can lead to additional charges.
Be Cautious About What You Say
Even casual comments can be used against you. Avoid discussing your case with police, fellow detainees, or even family until you’ve spoken with a lawyer. Remember, as nice as the police are, you have the right to remain silent. You want to tell your side? It is better to wait and ask a Lawyer before you say something that may incriminate you.
Know Your Rights in an Interview
If police want to formally interview you, you can refuse. Again, you should say “I do not wish to answer any questions without speaking to my lawyer,” and request that police permit you to speak to us by telephone. In some cases, you may be required to provide certain information (e.g., for traffic offences), but always seek legal advice first.
Understand Bail Options
Depending on the charge, you may be granted police bail or need to apply for court bail. If so contact our firm immediately so that we can help present a strong bail application to the court if needed.
Being arrested can have serious consequences for you and your family. Advice should be immediately obtained from a specialised criminal lawyer. If you require a lawyer or have any questions please contact our firm to make an appointment with one of our specialist lawyers who practice in criminal law by calling (02) 4944 3322.
