1. Q. Should I call a solicitor when I am called to attend a police interview or am arrested?

A. Yes, to:

Advise you of your rights.
Explain any charges against you.
Explain your options.
Advise on any possible penalties.
Attend a police interview with you.
Make a bail application for you in court where you are bail-refused.
Represent you at court.
2. Q. If I am arrested, should I answer any questions put to me by the police?

A. In most cases do not answer any questions apart from your name and address until you see a lawyer. The police should inform you that you have a right to contact a lawyer. Irrespective of the type of assurances you receive from the police, any answers given by you without proper legal advice may lead to the successful prosecution of the matter by the police leading to a gaol term.

3. Q. Can anyone gain access to my criminal record?

A. No. Unless you have given consent or it is at the request of police or an authorised public body.

4. Q. What impact does a conviction have on my employment prospects?

A. To name a few, having a conviction; disentitles you to public office; it prevents you from holding a licence where the licensee must be of good fame and character; applying for registration as a medical professional or being employed in the public service.

5. Q. Aperson has made a number of false allegations to the police against me and I am now subject to an interim AVO requiring me to attend the local court. What can I do and is it serious.

A. Basically there are three options:

withdrawal of the complaint and the giving of undertakings;
consenting to the AVO but without admissions;
a contested hearing known as a Show Cause Hearing.
AVOs have potential career implications with regard to obtaining and/or retaining of employment in a field involving contact with children. In serious cases it has the potential to disqualify some people from employment in their chosen field.

6. Q. A person has made a number of false accusations against me to the police culminating in an AVO being taken out against me. Can I have this person charged for making false accusations?

A. No, as the NSW Crimes Act only operates on offences and an AVO is not an offence.

7. Q. What are my rights where I have been charged by the police for assault when a fight broke out in the street when I was just a passer-by?

A. Some of these matters may be successfully defended provided there is evidence to substantiate that no assault took place. One of the best ways of doing this in a public place is to find out whether or not there were any security cameras operating at the time and whether the film is available to be viewed to prove what happened in the circumstances. Often the police refuse to release these tapes and they have to be viewed in order to ascertain exactly what transpired provided the tape shows that no assault took place and this, in conjunction with proper cross-examination should lead to the charges being dismissed.

8. Q. I was found to be in possession of drugs which led to a police search of my home. Am I in serious trouble and do I need the services of a lawyer?

A. Yes. Both the police and the courts focus on supply for obvious reasons. Type, quantity and the weight of drugs being supplied is extremely important. There is a big difference between small, trafficable, indictable, commercial and a large commercial quantity of drugs with a consequent increase in penalties. The maximum sentence for drug offences range from two years and 20 penalty units ($2,200) for an offence such as possession to life imprisonment for importation. Fines can be as high as $550,000 for major offences and assets may be forfeited.

9. Q. I have been arrested by the police for trafficing drugs and now they are trying to seize my property. Can they do this and do I need the services of a lawyer?

A. Yes. There are two NSW Acts and one Commonwealth act which deal with asset forfeiture. They specifically focus on drug trafficing and property may be fortified to the Crown or the offender be ordered to pay financial restitution. The court is entitled to lift the corporate veil by treating any property of the defendant as being within the courts reach.

10. Q. I have been harged with stealing from my employer. Is this serious and do I need the services of a lawyer?

A. Yes. Section 117 of the NSW Crimes Act provides that where a person commits larceny they are liable to imprisonment for a period of five years. Alternatively these matters may be dealt with summarily and although the penalties are less they are serious and they can involve both imprisonment and a fine.

11. Q. What happens if I use a toy pistol to intimidate people or use one in a crime?

A. A toy pistol in circumstances such as this amounts to an offensive weapon carrying up to a 14 year jaill term.

12. Q. Do I need a lawyer if I am involved in fight and seriously injure a person?

A. Yes. There are a number of offences you may be charged with under NSW law. They may fall under section 59 or section 35 of the NSW Crimes Act for example. One offence may be assault occasioning actual bodily harm and the other maliciously inflicting grievous bodily harm. The second is the most serious being a T1 offence. Imprisonment is a real possibility with the more serious matter.

13. Q. I have been falsely accused of sexual assault and asked to attend a police interview. What should I do?

A. When police ask you to attend an interview their intention is to obtain a statement following which charges are often laid. Here you should exercise your right to silence until you receive proper legal advice and under no circumstances should you attend the police station without your lawyer. Often the police will charge you, however they do not have the benefit of any admissions you would have made if you had been cautioned. This is extremely important as it allows your case to be presented in the best possible light as all they have is information obtained from the other side.

14. Q. Is intoxication a defence when I am charged with assault?

A. In cases of general intent no, but under section 428C of the Crimes Act 1900 NSW, self-induced intoxication may be a defence with offences of specific intent.

15. Q. Can I recover my legal costs if I am successful in defending criminal charges brought against me?

A. In general costs could be granted to you but it is most unusual and highly unlikely that this will occur unless it can be shown that the police did not act reasonably and bona fide in the circumstances.