It is particularly good advice if you are questioned by police. There are many ways to encourage you to make statements against your interest.
Remember you have the right to remain silent.
Your first instinct may be to describe your circumstances in an open manner so that the police will see it from your perspective. This will NOT help in the long run. All you will do is dig yourself in. Remember the first Law of Holes: if you are in a hole stop digging!
If you say nothing no inferences can be drawn but there certainly can be from anything you DO say.
Remember that sometimes you have to give your name and address for example:
- Police suspect you’ve broken, or are breaking, the law;
- Police suspect you can help them investigate a crime;
- You are driving a car or riding a motorbike;
- You have a firearm;
- You are stopped for a breath test when you’re driving; or
- You are at a venue which serves alcohol
Remember if you provide a false name you will probably be arrested and will face a fine of up to $1,250 or three months imprisonment.
Your best course of action is to provide your name and address if any of the above applies followed by ‘I do not wish to say anything’. Remember you do not have to make a statement; you do not have to answer questions in an interview; you have the right to remain silent.
As soon as you are able you should seek legal advice.
If you need representation in court or custody from trusted Adelaide criminal lawyers, contact William Barristers and Solicitors on (08) 84517609. We provide 24 hour assistance to those in custody.