Being arrested can be a stressful and overwhelming experience. At Shkambi & Associates, we believe that understanding your rights is crucial to ensuring your fair treatment under the law. Here are some key things to remember if you are being arrested:
Your Rights Upon Arrest
- Right to Be Informed/Cautioned
A police officer must inform you of your arrest rights as soon as practicable. If circumstances, such as intoxication or distress, prevent you from understanding your rights, the officer is required to repeat the information once you are able to comprehend it.
- Right to Silence
You have the right to remain silent, meaning you are not required to answer questions unless legally mandated. Exceptions to this include providing your name, date of birth, address, or information about a driver’s identity or firearms possession. Failing to provide this information may result in criminal charges.
To handle these exceptions effectively, it is essential to seek advice from an experienced criminal lawyer. At Shkambi & Associates, we can guide you in making informed decisions about when to exercise your right to silence.
- Right to Legal Representation
You are entitled to contact a solicitor and have them present during any questioning. This is vital to ensure your rights are protected and to avoid self-incrimination.
- Right to a Telephone Call
You may make a telephone call to a friend, family member, or solicitor to inform them of your situation. If your call goes unanswered, you should be allowed to make another attempt.
- Right to an Interpreter
If English is not your native language, you have the right to assistance from an interpreter during interrogations or investigations. Police must wait until the interpreter is present before proceeding with questioning.
- Right to Be Treated Humanely
Police must conduct any searches or procedures with care and respect for your cultural and religious values. Excessive force or unnecessary humiliation is prohibited.
- Right to Apply for Bail
If eligible, you must be informed of your right to apply for bail as soon as practicable. You should also be provided with the necessary forms and an explanation of the bail process.
Additional Rights for Youths
Police must ensure a parent, guardian, or another appropriate adult is present during questioning of a youth under arrest. Statements made by a youth without such a person present may not be admissible in court.
Practical Tips If You Are Arrested
- Stay Calm: Ask why you are being arrested but avoid arguing or resisting.
- Record Details: Note the ID numbers of the officers involved, especially if you believe they have acted improperly.
- Avoid “Off the Record” Assumptions: Everything you say can be recorded and used in evidence.
- Seek Legal Advice: Engage a lawyer as soon as possible to guide you through the process and protect your rights.
The Importance of Legal Advice
At Shkambi & Associates Pty Ltd, we provide experienced legal support for those facing arrest in South Australia. Our advice is simple: do not answer police questions until you have spoken to a lawyer. We are here to ensure your rights are upheld every step of the way.
If you or a loved one has been arrested, contact us for immediate assistance. We are available 24/7 to provide the guidance you need.
The following information is intended for general informational purposes only and does not constitute legal advice. For advice tailored to your specific situation, please contact our office.