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Read MoreBeing Under Police Arrest – Your Rights
What Is An Arrest?
An arrest is where you are detained by Police and taken into their custody. The power of the Police to arrest a person is contained in the Law Enforcement (POWERS AND RESPONSIBILITIES) ACT 2002.
You can be taken into police arrest if an officer ‘reasonably’ suspects that you have committed or are about to commit an offence, or if there is an outstanding warrant for your arrest. An arrest occurs when:
- police take hold of you; or
- police tell you that you are under arrest; or
- you are arrested by written warrant.
After the above has occurred and you are formally arrested, it is an offence to physically resist Police.
In what circumstances can a Police officer stop and search me?
Police do not generally have the power to stop and search a person if a person has not been arrested. However, the Police may stop you in situations where they have the specific legal authority to do so.
For instance, Police have powers to:
- Search a person whom the Police suspect on reasonable grounds has a dangerous implement in his or her custody i.e. a knife, firearm or other dangerous weapons;
- Stop persons and search motor vehicles where the Police suspect the person or vehicle is carrying anything stolen or anything that is unlawfully obtained;
- Stop and search a person or car whom the Police reasonably suspect of having any prohibited plant or prohibited drug; and
- Stop your car for the purposes of a random breath test.
When can a Police officer use force and arrest me?
A Police officer may use reasonable force to arrest a person:
- In the act of committing, or immediately after having committed an offence;
- If an officer, with reasonable cause, suspects a person of having committed or is about to commit an offence or crime;
- If there is a warrant out for his/her arrest;
- Please remember that the Police can’t take you anywhere unless you are placed under arrest, or you agree to go. If Police arrest you, they are obligated to tell you:
- That you are under arrest;
- The reason for your arrest;
- The arresting officers’ name;
- What station the Police are from.
If you are arrested what are your rights?
The following are your rights if you are taken into police custody.
- You have the right not to be detained for an unreasonable period without charge.
- You have the right to speak to a legal representative;
- You have the right to silence;
- You have the right to a telephone call;
- You have the right to receive medical assistance (if necessary);
- You have the right to receive food and water;
- You have the right to have access to bathroom facilities.
- You have the right to an interpreter; and
- You have the right not to answer any specific questions unless compelled by a specific law (such as offences regarding motor vehicles and the investigation of terrorist activities) to do so. Police must inform you that any answers you give may be used as evidence against you in court.
Why you should ask to speak to a lawyer immediately
It is imperative you speak to a top criminal defence lawyer in Sydney if taken into police custody. There are numerous legal issues and rights you are entitled to obtain advise for.
Do I need to comply with forensics?
If you are taken into police custody, you generally must submit to having your fingerprints, palm prints and photographs were taken. However, it would help if you spoke to a criminal defence lawyer prior to complying with this request.
Do you have to answer questions a police officer asks you?
After an arrest, the only details you should provide a police officer are your name, date of birth and residential address. You should not agree to provide a written statement or participate in a record of interview (also known as an ERISP).
If the Police still take you into a room and start the ERISP process, You should tell the police officer you do not want to answer any questions and to please terminate the interview.
How long can you remain in police custody after an arrest?
In NSW, a person can be detained for a six-hour investigative period. This period can be lengthened by a warrant from the court for a further six hours.
After the investigative period is over, the person must either be:
- Released unconditionally;
- Released on police bail; or
- Brought before the court as soon as practicable.
Why Choose Lyons Law Group?
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
Fixed Fees
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of Sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.
If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.
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Read MoreWhat Our Clients Say About Us
Lyons Law Mohammed khan,hijran, and the team have done the fantastic work.The team is really knowledgeable, professional, and capable of doing the law work.I highly recommend Lyons lawyer and especially Mr. Khan.
Lyons lawyers, principal solicitor khan, Hijran and the staff have been absolutely fantastic, friendly and efficient in handling my DV matters.The team is thoroughly professional, highly knowledgeable and I couldn’t recommend them enough. If you are in need of a law firm that genuinely cares, I highly recommend Lyons lawyers.
I engaged Hijran from Lyons Law. She was fantastic. She studied my case closely, even after understanding my record was well below average She decided to assist me. She conducted herself well, was always prompt, professional and helpful. She explained my best and worst outcome. She worked diligently and got me the best outcome NO CONVICTION!!! I would like to extend my gratitude to Hijran. Thank you so much.
Lyons Law Group provides such a holistic experience. Such exceptional services and could not recommend, Mohammad, Hijran and the team enough. Sound communication and always going above and beyond. The team represented a family member of mine that achieved the best outcome because of the quality of work and time invested into the matter. From my family, to the dream team at Lyons Law Group, thank you!
"Absolutely fantastic lawyer! Enis Erdem is a true professional who handles cases with skill, dedication, and genuine concern for their clients. He kept me informed throughout the entire process, making sure I understood every step. Enis Erdem is not only knowledgeable but also empathetic, which made a stressful legal situation much more manageable. I can't thank him enough for their outstanding work!"Highly recommended
I had Mr khan who is the principal solicitor represent me today, Mr khan fought for me all the way and got me the best result possible. I would highly recommend him for all your law matters and can confidently say that he strives his best for his clients.
I found Lyons Law to be pro-active and easy to work with when dealing with the recent court case of my son.
Mohammad and the team at the Lyons Law Group are a great to work with, they are polite and go above and beyond to help. We are very happy with the assistance they provided our family. I'd highly recommend the team at Lyons Law Group!
Mr Khan has extensive knowledge of the law and I am very much delighted about his service.
Mohamad and Hijran are professional and straight to the point team. Highly recommended.
Mohammad and his time are the greatest criminal lawyers I have dealt with, they are extremely professional and can assist with any cases, big or small.
Mr Khan was so polite and helpful in directing me to the best possible outcome for my situation. The amount of support and knowledge they offered me was next to none. I didn’t feel like I was being mislead or looked at like a piggy bank. Mr khan and his team have your best interest into getting the best outcome. Pleasure guys kind regards Dr bernoussi
Lyons Law Group is honestly outstanding ! Hijran especially, not only is she so professional but she does her best and always is there to answer all questions with such understanding. Hijran honestly goes above and beyond and I'll forever be grateful. I highly recommend Lyons Group.
A big thank you to Lyons law group, very professional. Mohammad was exceptionally well and handled my case amazing as well as Hijran!!! They really care about your case, I highly recommend this company!
I cannot express my gratitude to the Lyons law team with a big special mention to Mohammad. Having spent the last few years enduring and coping with the most difficult and stressful situation of me and my family's life.I have been using Mohammad and the team at Lyons Law from day one. They guided us through each difficult process in the most professional manner with full transparency, care and compassion.Through each difficult process up to the very last moment they only delivered results that exceeded every and anything we could have expected. Every outcome was exactly as planned and in turn got amazing results.So once again I cannot recommend Mohammad and the team at Lyons law enough. So like I and my Family did, have confidence that Lyons law will always strive for and deliver the best possible outcome.
A BIG thank you to Lyons Law Group with helping me achieve the best outcome for my case. From day one they were very professional, straight to the point and very easy to communicate with, keeping me updated and informed with everything I needed to know. Honestly, exceptional service and support.Thank you once again to Mohammad & Team.
Lyons Law Group is amazing. They are very professional, sympathetic, and helpful. I was kept informed during every step. The level of support was second to none. Mohammad went above and beyond and updated me regularly. Hijram too was amazing. Her calls and court representation made me feel at ease. This was a great experience. I cannot recommend Lyons Law Group enough. My gratitude extends to all involved in the handling of my case.
