What To Do If Questioned By Police in Melbourne
If you have been contacted or questioned by police in Melbourne or Victoria, it is critical that you get legal advice immediately. Anything you say to police can be used as evidence against you, even before you are formally charged. Speaking to an experienced criminal lawyer early can protect your rights and help you avoid serious mistakes.
If you have been arrested or contacted by the police to attend for an interview in relation to an allegation, it is important that you understand your rights, the powers the police have and the steps you can take to ensure your rights are protected.
If, after the interview, the police charge you, then an experienced criminal lawyer in Melbourne will help you understand the case against you, identify what defences are available to you, explain how to navigate the court, what your options are and how to set about achieving the best outcome.
Do I have to attend a police interview in Victoria?
There can be various situations in which you’re required, or requested, to attend a police interview. This may include if you’re a witness to a crime, or if you’re being questioned as a suspect. A witness is anyone who has seen or has information about an event or issue that the police are investigating, whereas a suspect is someone the police consider may have committed a criminal offence.
Police interviews can be intimidating, and for many people, it’s an unfamiliar process. You want to have a clear understanding of exactly what you’re being questioned about.
If you’re contacted by the police and asked to come in for an interview, contacting a criminal lawyer as soon as possible is critical. On your behalf, a lawyer will ask why you are being requested to speak to police, and whether you are coming in as a witness or a suspect. A lawyer can get an idea of the allegations and advise you on what you should do. Even if you’re being questioned as a witness, it may still be in your best interest to engage a lawyer, as you can answer questions as a witness that incriminate you and possibly result in criminal charges.
An experienced criminal lawyer will explain your rights to you and help you in making the important decision of either providing an account to the police or exercising your right to remain silent. If you choose to give an account, what you say becomes evidence in court. It follows that it is very helpful to you if, before you are interviewed, you know your rights, understand the interview process and have a strategy in place. Most people do not know the nuanced elements of many offences and related defences. Having this understanding is critical to making the best decision about a police interview. Once you have a plan in place, you can arrange a date and time to attend the interview if a request has been made by police.
It is also possible for the police to arrest you and interview you before you have had an opportunity to contact a lawyer, which can be a very stressful situation. You always have the right to speak to a lawyer if you are under arrest, and you should do so before you have any formal or informal conversations with police. Police will record what you say, even when not in a formal interview. It is important to bear in mind that there is no such thing as a fully ‘off the record chat’ with police.
If you’re questioned by the police, the police must advise you of your right to remain silent. You do not have to answer any questions, except to confirm your name and address. If you decide to remain silent or answer ‘no comment’, you should maintain this throughout the whole interview, rather than answering some questions and not others.
A lawyer can liaise with the police on your behalf and give you advice to protect you.
What Happens After a Police Interview in Melbourne?
If you attended the interview as a suspect, then the police may;
release you from custody without charging you
release you from custody but charge you later
release you from custody and give you a notice to appear at Court in Victoria
charge you but release you on bail
charge you and keep you in custody until you can be brought before a court for a Magistrate to decide if you will be released on bail
It largely depends on the circumstances as to whether you’re charged immediately following the police interview. If you are charged, then your criminal lawyer will work with you to strategise and plan your defence to help you get the best outcome for your case. They will advise you throughout the experience, answering any of your questions to ensure you understand what’s involved with your case and what potential penalties you may be facing if you’ve been charged with a criminal offence. Importantly, having a lawyer engaged means they can be prepared for any bail application that may need to be made.
In many cases, you will be released without being charged following a police interview, and it may be unclear whether you will be charged in the future. In this instance, you should speak to a lawyer to work out the next steps and what you may need to do to prepare in the event you are charged with an offence at a later date.
If you have attended the interview as a witness, then the police may ask you to write a statement. However, you cannot be forced to make one. If you do make a statement, then the police will ask you to sign it. If the matter goes to court, you could be asked to attend court and provide evidence as part of the court process.
Hiring criminal lawyers in Melbourne
If you’re being interviewed by police about a criminal offence, by law, they must read you your rights, which include your right to a legal defence. Your lawyer can attend your interview with you and provide legal advice before your interview, as well as provide ongoing advice if you are charged with a criminal offence. If you have been questioned by police in Melbourne, it is critical to get legal advice before you say anything. Contact Stary Norton Halphen & Galbally today to speak with an experienced criminal lawyer.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.