An arrest is disorienting, and the pressure to explain yourself is enormous. But the decisions you make in the first hours — often before you have spoken to a lawyer — can shape the entire matter. Here is what to do, in order.
1. Give police your name, address and date of birth — and little else
In Queensland you must provide your name, address and date of birth when lawfully required. Beyond that, you are generally not obliged to answer questions about the allegation. Being polite and cooperative about your identity is not the same as discussing the case.
2. Ask to speak to a lawyer before any interview
A record of interview is evidence. Once you answer questions, those answers can be used against you — and the instinct to "just explain your side" is exactly what an interview is designed to capture. You have the right to legal advice first, and to have a lawyer present.
3. Do not sign anything you have not read and understood
You may be asked to sign property receipts, bail undertakings or other documents. Read them. If you do not understand something, say so and ask to speak to your lawyer.
4. If police refuse bail, an urgent application can be made
Police can grant bail, refuse it, or impose conditions. If bail is refused, we can make an urgent application at the next court sitting — frequently the same or next day — to get you home while the case is dealt with.
5. Call a criminal lawyer as early as possible
Early advice is the single biggest thing you can do to protect your position. Our 24/7 urgent line exists precisely for this moment. The sooner we are involved, the more options remain open.
This article is general information only and is not legal advice. If you have been arrested or charged, speak to a criminal lawyer about your specific circumstances.