Many criminal cases are decided at the very beginning, in the police interview. If police have asked you to attend an interview or “have a chat”, speak to a lawyer first.
Your rights
- The right to silence. Apart from giving your name and address in certain circumstances, you generally do not have to answer questions.
- The right to contact a lawyer before an interview.
- The right to an interpreter if you are not fluent in English. Use one, even if your English is good: misunderstandings in an interview can be very hard to fix later.
- The right to contact a friend or relative to tell them where you are, subject to some limits.
Common mistakes
- Attending voluntarily to “clear things up”, and making admissions without realising.
- Answering some questions but not others, without advice on how that may be used.
- Handing over phones or passwords without understanding your obligations and rights.
How we help
We can contact police for you, find out what the allegation is, advise whether to answer questions, attend the interview where appropriate, and assist with search warrants and property seized by police.
If you are not an Australian citizen, a criminal charge can also affect your visa. A conviction, and particularly a sentence of imprisonment of 12 months or more, can mean failing the character test under the Migration Act. Our firm also practises immigration law, so we consider the visa consequences from the start.
Related reading
Contact us
If you or a family member has been contacted by police, arrested or charged, get advice before you do anything else. Call Chua Tan Associates on +61 3 9602 3988 or email chuatan@tpg.com.au. Our office is at Level 2, 262 Queen Street, Melbourne. We act in courts across Victoria and advise in English, Mandarin and Cantonese.
Chua Tan Associates, Barristers, Solicitors & Notary Public, Melbourne. General information about Victorian criminal law only, not legal advice for your situation.
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