Arrested? Scared? Don't Face the Fight Alone.

When a Court hands down a penalty, a conviction for that offence will generally be recorded against your name. Convictions can sometimes affect your future employment, your ability to travel overseas, and/or your ability to obtain certain licenses, such as a driver’s license to drive motor vehicles. In certain circumstances, a Court can deal with your matter without recording a conviction if there is a good reason. Getting early advice on this issue is extremely important if an application is to be made, as it may require you to obtain supporting documents that can be provided to the Court.

It is important that you remain cooperative and polite with police, but we recommend that you exercise your right to remain silent until you have received legal advice. There are some questions that you are required by law to answer, otherwise, you will be charged with an offence for failing to do so. The information that you must provide to police is:

Your full name.
Your date of birth.
Your address.

If the police inquiry relates to a motor vehicle, it will be necessary for you to provide the name of the person who was driving the motor vehicle at the date and time nominated by police. To other questions, simply reply: “I exercise my right to remain silent until I receive legal advice,” or simply say “I don’t wish to answer.” Call Joseph Ramsay Sanders Lawyers on 08 8221 6266 (or after hours on 0410 451 681) as soon as the police give you an opportunity to call a solicitor. We will provide you with further advice over the telephone and can also negotiate with the police regarding your release on bail.

We are known for providing a fearless and comprehensive defense to any charges laid against you. Where you concede a charge, we will work to persuade the Prosecution and the Court that a low penalty should be imposed and, where possible, that no conviction should be recorded. We provide realistic advice and robust representation.

One of our solicitors is always available to take your call after hours on 0410 451 681.

The short answer is usually “yes,” unless the Court formally withdraws your bail agreement. Assuming you have been arrested (not summonsed to court), you may have entered into a police bail agreement. Once you go to court and adjourn the matter, most Magistrates will say that bail is to continue, which means you are placed on court bail for the duration of your court case. If you are on bail, it is very important that you follow all of your bail conditions, including attending every court hearing in your matter. Breaching your bail conditions is a criminal offence punishable by imprisonment. If you wish to have anything altered on the bail agreement – for example, you want to move house and change your bail address – you will need to make a formal application to the court to vary your bail or have your solicitor attend to this task. We can explain your bail conditions to you.

You should speak to a solicitor before agreeing to either of these procedures.

The safest option is usually not to give a statement to the police. Providing a statement is unlikely to help your case, even if you think that you can “explain everything” and even if you believe that you are guilty of the offence and just want to “give a confession”. Do not feel pressured to provide a statement – remaining silent cannot be held against you in court. Sometimes your statement is the strongest evidence that the police have against you. Providing a statement to the police may affect our ability to persuade the police to drop their charges. We are able to obtain statements, notes, CCTV footage, forensic test results, and other evidence from the prosecution in relation to your matter. It is important we review that material prior to obtaining your instructions with respect to any forward negotiations.

It is very difficult to secure a suppression order. The chances are that any suppression application will be refused by the Court. Embarrassment to yourself, or to your family, is not sufficient grounds for the Court to order the suppression of your name. It is also very important to bear in mind that if you make an application for a suppression order, you may well attract attention from the media. However, in some cases, it may be possible to make a successful application for a suppression order. Our experienced criminal lawyers can advise you on whether you have grounds to make a successful application for a suppression order.