Answers to Common Criminal Law Questions
Whether or not you’ve committed the crime, if you’ve been accused of doing so, you’re likely to have some very important questions about how to handle matters. Far too many innocent people go into situations like this without being properly prepared. The police are not required to inform you of all the ways you can and should protect yourself. Instead, their job is to do whatever they can within the bounds of the law to help them to prosecute you.
What should you do? Should you be talking to the police? Should you go to the station to give a statement?
Should You Make a Statement?
Before you sign any documents or make any official statement to the police, it’s best that you at least speak to a criminal lawyer in Sydney. The exact circumstances will dictate whether or not you’ll be required to give a statement at all. However, making a statement without legal assistance could easily result in your saying things that could make your case harder to defend.
Can the Police Arrest Me if They Don’t Have Proof I’ve Committed a Crime?
In many cases, the answer is yes. Even though it may not seem fair, most arrests are made without having complete and conclusive proof that crimes have been committed. Of course, your arrest doesn’t necessarily mean you’ll receive a judgement for the crime. If you have proper defence, things may not go any further than the arrest.
The police can arrest you if they have caught you breaking the law, if they have a reasonable suspicion that you have broken the law, or even if they suspect you’re about to break the law. In the latter case, they can only do this in certain circumstances.
However, the point is, they don’t need to have conclusive proof in order to arrest you. If you suspect you may be arrested, you should hire an attorney immediately. This will help you to use the law to protect yourself to the fullest extent possible.
What Should You Do if You Are Arrested?
If you are arrested, you’ll have rights that of which you should be aware. These rights will help you to prepare a defence, or help you to provide information to your lawyer who can prepare a defence. You have the right to be informed why you are under arrest. The police are required to offer this information as soon as possible. You have the right to be taken to a court as soon as is practicable in a reasonable sense. However, beware that you don’t have the right to leave or resist arrest. The police are legally allowed to take you, and to use as much force as necessary.
The police can arrest you and detain you for questioning for an extended period of time. However, as always, you have the right to remain silent, which can protect you if used wisely.