Criminal Law
Involvement with police can often cause individuals and family members stress and anxiety. While being charged with a criminal offence may be a daunting experience, seeking advice from a lawyer can ease the stress associated with such an event. Being convicted of a criminal offence can have major consequences upon your job, family and freedom. That’s why, at Mott and Associates, we aim to achieve the best result possible for you, in a cost effective and timely manner.
Offences we represent:
- Drug Offences;
- Domestic Violence Law;
- Murder Offences;
- Manslaughter Offences;
- Strangulation Offences;
- Other matters: we have successfully defended clients against cattle rustling charges!!
FAQ
What should I do if I am arrested?
What should I do if I am arrested?
We strongly suggest you do not participate in an Electronic Record of Interview until you have spoken to us. They police may ask you in forceful terms” “Are you refusing to participate?”. We suggest you state you would like to speak to your lawyer first and give us a call immediately.
Do I have a right to silence?
Do I have a right to silence?
During a police interview, you have the right to remain silent and do not have to answer police questions. However, you must provide information regarding your name, address and date of birth. A negative inference cannot be drawn from this silence or used against you in the future. If you do decide to talk to police, it is important that a lawyer accompanies you to prevent from incrimination or providing information which can be used against you.
Do I have the right to make a phone call if charged with a criminal offence?
Do I have the right to make a phone call if charged with a criminal offence?
Yes, if you have been charged with an offence, police must provide you with the opportunity to call a friend or relative. You can ask them to be present for the duration of your police interview. However, if they interfere with the process, they will be removed. You also have the right to ask for the opportunity to telephone a lawyer. If police do not provide you with this opportunity, you have the right to delay the police interview until a lawyer can be contacted.
How long can I be detained for?
How long can I be detained for?
Under legislation, police cannot detain you for more than 8 hours, unless they have received express permission from a Magistrate or Justice of Peace. While police can detain you for a reasonable period, you cannot be interviewed for more than 4 hours.
Address: Suite 10/120 Bloomfield Street, Cleveland.
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Information you obtain at this site is not, nor is it intended to be, legal advice. Please consult one of our lawyers for individual legal advice.