Frequently asked questions about your rights in criminal and traffic law

Know your rights when it comes to police matters. We’ve compiled a list of commonly asked questions and answers to give you the straight facts. Our goal is to provide accurate legal advice when you need it most. Contact us today for a free telephone consultation or to make an appointment with Spencer Lawyers in Erina.

As a general rule, no one is required to answer any questions asked of them by the police. In fact, answering an investigating police officer’s questions will generally never assist you. More often than not, it will assist the police. Whenever spoken to by police remember your right to silence and immediately contact an experienced criminal lawyer.
The police will tell you that because they don’t want you to know your rights. The police should not be giving out legal advice. If the police are prosecuting you, they are the last people you should be taking advice from.
Firstly, don’t listen to their advice. They just don’t want to go to court. They don’t want you to defend the charge. Call us for advice because you may have a defence.
Yes. You have the right of appeal to the District Court in respect to any sentence imposed by the Local Court. Your appeal should be lodged within 28 days of the date of sentencing or, with leave of the judge; you may lodge up to 3 months afterwards. You can also appeal the outcome of a hearing and a finding of guilt relating to charges against you. The same time periods apply for this type of appeal.
If you hold a shooters licence or a security licence, your licence will be cancelled for ten years and any firearm in your possession will be confiscated. You cannot apply for either type of licence for ten years. AVOs have a significant impact on any family law proceedings and the court will not consider shared time for a parent if there is domestic violence. Agreeing to an AVO is often taken by the Family Court as an admission of the presence of domestic violence in a relationship. This often results in a parent having supervised contact following false accusations by the other parent. If the applicant made a false allegation to get the AVO, can you be confident they won’t make a false allegation to say you have breached the AVO? A breach of an AVO is a criminal offence and carries a maximum penalty of a $5,500 fine and/or 2 years imprisonment. If the allegation is one of violence, then the court must consider a term of imprisonment as a penalty.
The police must prove that you had knowledge and exclusive possession. Contact us to discuss the matter.
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