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criminal and traffic law
A lawyer can help you if you are facing criminal prosecution - even before you have been charged or arrested. In these situations the outcome of your case will depend on having someone who knows the law and is ready to assist you, regardless of whether you are guilty or not guilty. Engaging a Lawyer will provide you with the legal support you need during a very distressing time. At milburn guttridge lawyers we can assist you from the time of initial police investigation, or charges, and also represent you in Court. We can assist you to deal with possible compensation claims against you if convicted.
If you would like to talk to a lawyer about issues relating to Criminal Law, we suggest that you call us at our office to arrange an appointment. The below information is provided for general reference.
police rights and responsibilities
You should be aware of your rights when dealing with police. You need to know that:
- Police have statutory powers enabling them to require citizens to provide certain information such as name and address; to detain and search citizens (eg Drugs Misuse Act); and to require citizens to do certain things (eg supply a specimen of breath);
- You do not have to provide any information to police except for where there are statutory powers;
- Any conversation with police, even a casual one, may potentially be used in Court as can a formal statement or record-of-interview;
- When police are exercising statutory powers in relation to you being required to answer questions, being detained, being searched or being required to do some act, you may request of police the source of the power being exercised, the extent of your obligations and the facts supporting the grounds of the police action if such is relevant;
- You do not have to accompany police to the police station unless you are under arrest or are required to do so pursuant to a statutory obligation;
- When police are requiring you to attend at a police station you may request that they provide you with the basis for having to go with the police; and
- It is recommended that you should not speak to the police or voluntarily accompany police to the police station without a lawyer being present.
