Why risk your future by going to Court alone?
- We have the experience.
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- You can trust us to look after you.
Call Harrigan Lawyers now on 1300 11 40 44 or (07) 3733 1542.
New laws in Queensland give double de-merit points for repeat use of mobile phones while driving. This, along with infringements for exceeding the speed limits in Brisbane’s new tunnels, are providing problems for some drivers. If you need a work licence or hardship licence our experienced traffic lawyers will help give you the best chance.
Whether you’ve been caught drink driving, driving on a suspended or disqualified licence, or been charged with careless or dangerous driving we can help.
Legal Advice Before Going to Court
Don’t know who to call? Nervous about the cost? Let us help…
We understand that a sudden traffic accident or neighbourhood dispute can easily and very quickly get out of hand. The police are called and you may be asked to go down to the police station. Do not agree to an interview, you will be issued with a Notice to Appear and usually you may then leave. When you need information on what to do, call Harrigan Lawyers on (07) 3733 1542 and we can advise you what to do.
The Power of Police to Search
There are various powers by which the police are entitled to search a person or premises including a motor vehicle. These all relate to having a reasonable cause to suspect the commission of an offence such as ‘possession of drugs’.
That does not mean that just because a person has been in trouble previously, that the police have a right to search each and every time they see the person.
There cannot be an indiscriminate searching of persons or premises.
The Law does provide a power to police to stop, search and detain persons, vehicles and vessels if they have reasonable cause to suspect on reasonable grounds the commission of a criminal offence.
If the police wish to search your home, first ask them for a warrant and what they say is their reason for performing the search. Make certain there is a warrant if it is your home and get a copy of the warrant from the police. Read the warrant and see what is said. Make sure the information is accurate and the date of the warrant is correct.
If the police remove anything, even illegal property from the premises, they must provide the person apparently in charge of the premises with a receipt.
At no time do you have to consent to an unlawful search. A lawful search must be based on reasonable grounds. You should ask what the grounds are when you are searched. If you don’t believe the police have a right, then say so but do not fight with the police or try to use force against them. You must pursue legal options.
The Right to Silence
In most situations you have a right to silence. There are some occasions when you are required to disclose information to the police or authorities. This will be made clear to you. For example, you are required to provide to police or other authorities your full name, address and date of birth.
In the event of a vehicle incident you must also provide truthful relevant information about the incident.
Your version should be short and to the point but the main point we want to make is that the police will tell you if you have to provide information.
The police must warn you that it is an offence to fail to provide the information requested. If you are not told this then you can presume that you have a right to silence.
If you are cautioned at anytime that you do not have to say or do anything unless you wish, then you can fairly safely assume that you have the right to silence.
Many people believe that exercising that right makes them look guilty.
Nothing is further from the truth. In fact if you exercise your right to silence, then the fact that you did so is inadmissible at or in Court.
The prosecution are not permitted to lead evidence of a person exercising their right to silence if the only inference to be drawn from doing so is adverse.
The right to silence is not designed to protect the guilty, it is designed to protect the innocent.
Often people are unable to properly articulate their defence in such a way that the Law will properly understand what it is that they are endeavouring to say.
This is why lawyers are so important.
Lawyers are available to assist in articulating your defence so that the use of the English language does not result in an injustice.
Often the Police will tell you that you are more likely to get bail if you co-operate and make a statement about the allegation. This is a clear and obvious inducement and should not be something you should worry too much about. This is easier said than done.
In the end it is not the investigating police who decide bail. It is the Station Bail Officer.
You should always exercise your right to silence until you have obtained proper legal advice, even if you believe you are guilty and especially if you believe you are not guilty.
If you fully believe that what you will have to say will exonerate you, then on occasions it is important that you state the situation clearly.
We recommend you obtain advice first but if you do decide to provide the investigators with information then keep what you have to say short telling the investigator that you are prepared to provide a statement after you have discussed the issue with a lawyer.
Call Harrigan Lawyers at Forest Lake on (07) 3733 1542.