A few tips to remember if by chance you see a police officer take out the handcuffs and you’re sure they’ll be going around your wrists any second.
While it’s true that your statements are generally inadmissible until the officer reads you your Miranda warning, it still doesn’t make sense to give the police any more information than necessary. Wait to talk to criminal lawyers. Adrenaline will be pumping through your system, and many people get very “chatty” because that is their natural response to fear.
Take a deep breath, remember this is the time to be quiet. Miranda are those magic words which say “anything you say can and will be used against you…”. Once you hear that phrase it’s really time to be silent and ask for your lawyer. This doesn’t mean you can’t ask a question (“can I call someone to come get my car”, “I have medicine I need in my car”, etc.), but beyond that it’s better to zip your lip.
Assault is recognised under Australian law as an offence against the individual, irrespective of the seriousness of the offence. Also, Australian law prescribes various charges for the act of assault. The act of assault is always intentional and entails reasonable apprehension by the victim of immediate harm irrespective of whether the actual harm has occurred.
In this light, the offence of assault may take place, for instance, when the perpetrator aims at touching, striking, moving or applying force without the victim’s consent, or when the victim’s consent has been obtained by means of fraud or duress. As the foregoing discussion must suggest, it is irrelevant whether a physical harm has been inflicted on the victim of assault, because a mere attempt to attack or a threat of force suffices. It is extremely interesting to note that assault may also be committed if the perpetrator utilises heat, light, odours, electricity, or any substance in order to cause personal inconvenience or injury to another individual.
Unfortunately, people across Australia are charged with various crimes every single day. Crimes vary from very simple and basic ones like parking or speeding offences to more serious things like assault or drug-related offences.
Dealing with a charge can be a difficult and confronting process, especially if it is the first time that you have been booked. High-quality criminal lawyers can help you deal with your charge, and should be able to direct you and show you what your next steps are.
Before being charged
If the police are around asking you questions, then you need to carefully consider how you answer them. Being courteous and friendly is never a bad idea, especially if you are guilty. Doing so could help you get charged with a less serious offence, while being difficult won’t help your situation at all.
If you are guilty, then you need to provide police with the information that they have a right to – your name, address, phone number, etc… – and then say that you want to see your lawyer. A good criminal lawyer will know the processes involved and will be able to help you get the best out of your situation.
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