Warning: Error establishing mySQL database connection. Correct user/password? Correct hostname? Database server running? in /home/fordlaw/public_html/core/classes/ez_sql_mysql.php on line 84

Warning: mySQL database connection is not active in /home/fordlaw/public_html/core/classes/ez_sql_mysql.php on line 116
Ford Criminal Lawyers

 0418 404 527
 chris@criminallaw.net.au
 

Legal Resources

Applications

Ford Criminal Lawyers specialise in unique criminal matters that most law firms don't. The requirement to treat a criminal matter with strategic sensitivity is a professional competence and skill. Making a criminal application in court regarding your matter is extremely complex. Examples of such applications that our lawyers successfully handle are:

  • Initiating and Defending
  • Committal Hearing
  • Trials
  • Sentencing
  • Criminal Appeals
  • Bail Applications
  • Apprehended Violence Orders,
  • Return of seized goods
  • Parole Hearings
  • Declaration of Habitual Offenders Quashed
  • License Appeals
  • Legal Aid Matters

Call us and discuss your legal matter.

Legal Advice

The following advice is general advice. You should always consult a lawyer for advice specific to your circumstances. Remember, when in doubt do not say anything or sign anything until you have spoken to a lawyer.

Who can arrest me and why?

A member of the Police Force can arrest you if:

  • A written authority (warrant) for your arrest has been issued by a court;
  • The Officer has a 'reasonable suspicion' that you are about to do or in the process of or have recently committed a crime (even if, in fact you are innocent);
  • A Private Citizen can arrest you (Citizens Arrest) where you have committed or about to commit a crime.

Do I have to attend a police interview if requested?

  • Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence.

Note: You should always contact a criminal lawyer before participating in a police interview.

How should they arrest me?

The arresting officer should:

  • Tell you that you are under arrest;
  • Tell you why you are being arrested;
  • The arresting officer may use as much force as necessary to arrest you;
  • After arrest the officer may handcuff you if you attempt to escape or it considered necessary to prevent you escaping.

Note: It is an offence to resist arrest and you may be charged.

Do I have to submit to a search?

  • Yes - Police have the right to search you, without a warrant, immediately after arresting you.

Do I have to answer police questioning?

  • In general you have a right to silence - however, if the arrest concerns a motor vehicle or you have witnessed a serious crime, you are required to give your name, address and particulars of the incident to the police.
  • The police may want to question you in what is known as an "electronic record of interview" or ERISP. It is not advisable to speak to police until you have spoken to your Solicitor. You have the right to have a lawyer present while you are being questioned;
  • Do not sign any document other than a bail form.

Do I have to submit to being fingerprinted or photographed?

  • Yes - the police may take your fingerprints and photographs for identification purposes;
  • The police may ask you to participate in an identification parade - Seek legal advice from your Lawyer before participating.

How long do I have to stay in custody?

  • Following an arrest, the police may detain you for an initial period of up to four hours;
  • An application can be made by the police to allow an extension of up to a further eight hours;
  • After this you must either be charged or released
  • The time period does not include 'time outs' such as transporting you to the police station, refreshment and bathroom breaks or waiting / communicating with your Lawyer.

What are my rights in police custody?

You have the right to:

  • Be cautioned and told your rights as soon as you arrive at the police station;
  • Contact your Lawyer;
  • The right to an interpreter;
  • Contact a friend, relative or guardian;
  • Have your Lawyer with you when you are being questioned;
  • The right to medical attention, refreshments and bathroom facilities.

When can police enter and search my premises?

  • If the occupier consents;
  • If there is a search warrant;
  • If they enter to arrest someone (Note: They can only search the arrested person and their belongings);
  • If they suspect 'terrorist-related' activities.