Obtaining Legal Support While Being Questioned

Law Blog

It is wise to obtain legal support immediately if you are being questioned in relation to crime. Whether you are innocent or guilty of the crime, legal services can help ensure that you achieve the best outcome for you and your family.

Legal services can help you access a translator

If English is not your first language and you would be more comfortable speaking in your native language, legal services can help you access translation services.

Legal services can advise you when you should not answer questions

In some cases it is advisable not to answer the questions that you are being asked by the police, as there may be legal consequences to admitting to certain facts (to your or to other parties). If you have a legal practitioner with you, you can receive advice on when to answer questioning. If you are being questioned with regard to certain offences such as drug and firearms offences, you may be committing a further offence if you do not answer police questions.

Legal services can help you understand what, if any, crimes you are being charged with or suspected of having committed

Legal services can help you understand at what point you are at in the legal process, and clarify the next steps and consequences of any actions you have taken. They can also clarify the seriousness of any crimes under discussion.

If you have not been charged, and have been in custody over 12 hours for an adult, or 2 hours for a child, then legal services can help make sure you are released.

Legal services can help you get breaks in the questioning

If you are finding questioning gruelling or need breaks for food or drinks, legal services can help you obtain refreshments. This can be very useful to help you maintain focus during long questioning sessions. You also have the right to be fully sober during questioning, and legal services can get the questioning stopped until you are no longer under the influence of alcohol or other drugs.

You also have a right to any medication you might need, and legal services can help you to have the questioning stopped so you can get someone to bring in your medication.

If you are detained for formal questioning, or come in for voluntary questioning, you should ensure you have legal representation to ensure that you get the best outcome for your situation.

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26 January 2015

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