FAQ's
I regularly speak to people who have been contacted by police and are unsure what to do next.
Unfortunately, some people make decisions in those first few hours that can have consequences later.
Here are the five biggest mistakes I see:
❌ 1. Thinking “If I just explain myself, it will all go away.”
Many people believe that if they tell police their side of the story, the matter will be resolved. Sometimes things are not that simple. What you say can become evidence.
❌ 2. Attending an interview without legal advice.
You may only get one opportunity to give your version of events. It is important to understand your rights and options before making decisions about an interview.
❌ 3. Guessing or filling in the gaps.
If you do not remember something, do not guess. If you are unsure, do not speculate. Guessing can create inconsistencies that may later be relied upon as evidence.
❌ 4. Talking about the matter with everyone.
Friends, family, social media and text messages are often not the best place to discuss criminal allegations. What you say may not stay private.
❌ 5. Ignoring the problem and hoping it disappears.
Some people avoid returning calls or opening correspondence because they are stressed or frightened. In most cases, obtaining advice early provides more options than waiting until the last minute.
⚖ If police want to speak with you, it does not automatically mean you are guilty of anything.
However, it is usually a good idea to understand your rights before making important decisions.
If you have been contacted by police or charged with an offence, obtain legal advice as early as possible.
This is often the first question people ask after being charged.
The answer depends on a range of factors including the nature of the offence, your criminal history, the circumstances of the offending and your personal circumstances.
Not every offence results in a sentence of imprisonment.
Obtaining legal advice can help you understand the possible penalties and what steps may be taken to present your matter in the best possible way.
For many people, attending court is stressful because they simply do not know what to expect.
The first court appearance is often procedural. Depending on the matter, the Court may adjourn the case, receive a plea, discuss disclosure of evidence or set future dates.
The process will depend on the nature of the charges and the particular Court involved.
One of the benefits of obtaining legal advice before your first appearance is understanding what is likely to happen and being properly prepared.
One of the most common calls I receive starts with:
“Police want to interview me. What do I do?”
If police contact you, consider the following:
✔ Stay calm.
✔ Be polite and cooperative.
✔ Ask whether you are under arrest or free to leave.
✔ Ask what offence is being investigated.
✔ Obtain the name and station of the investigating officer.
✔ Remember that anything you say may be used as evidence.
✔ Do not guess or speculate if you do not know the answer to a question.
✔ Do not discuss the allegations with friends, family or on social media.
✔ If police wish to interview you, consider obtaining legal advice before participating in the interview.
✔ Do not assume that “explaining your side” will make the matter go away.
✔ If you are arrested, ask to speak to a lawyer.
✔ Keep copies of any documents provided by police, including bail agreements, summonses or notices.
Most importantly:
⚖ Just because police want to speak with you does not mean you should immediately participate in an interview without understanding your rights and options.
Early legal advice can often make a significant difference.
If you have been contacted by police or charged with an offence, get advice as soon as possible.
The cost of legal representation depends on the nature and complexity of the matter.
A simple guilty plea will generally involve different work to a defended hearing or a matter proceeding to a higher court.
When considering cost, it is important to remember that legal advice is not simply about appearing in court. It involves understanding the evidence, advising on options, preparing material and presenting your case effectively.
The best way to understand likely costs is to discuss the specific circumstances of your matter with a lawyer.
This is one of the most important decisions in any criminal matter.
The answer will depend on the evidence, your instructions and the circumstances of the alleged offending.
A person should never plead guilty simply because they feel pressured or want the matter finished quickly.
Before making any decision, it is important to understand the allegations, review the evidence and obtain legal advice regarding your options.
Many people wonder whether they need a lawyer, particularly if they intend to plead guilty.
The answer depends on the circumstances, but obtaining legal advice early can make a significant difference.
A lawyer can explain the charges, discuss possible defences, identify issues with the evidence and advise on the likely penalties. Even where a person intends to plead guilty, there may be steps that can be taken to improve the outcome.
In most cases, it is better to obtain advice early rather than wait until your court date.
The above examples relate to current laws in South Australia. They are general in nature, and you should seek personalised legal advice.
