Know what to do when you are under arrest
There can be different legal scenarios that can lead to arrest. It's natural to panic when such situation arises. But if you are conversant with the critical information around this, you can deal with it more efficiently. First of all, it's essential to note that a police officer can arrest you – 1) on the grounds of reasonable suspicion that you have done a crime, 2) the court has issued an arrest warrant for you, or, 3) you are involved in a crime or can commit one, etc. In case you get trapped in a situation like this, here are a few things that you should keep in mind.
At the time of the arrest
The police officer should tell you that you are under arrest and also why he is arresting you and what will happen if you don’t cooperate. Give them your name and home address if they ask you. However, avoid answering any other questions without first talking to your legal advisor.
As per law, a police officer can apply a reasonable amount of force to arrest a suspect. If you try to escape them, the officer can handcuff you. If you feel he used illegitimate physical strength or power, you can complain about it with the police customer assistance unit. The matter will go to a judge or magistrate for judgment.
However, make sure you don't give them trouble when they arrest you. Otherwise, you can face a charge for non-cooperation even if you were initially innocent.
Another thing is you can request the officer to allow you to speak to your lawyer. You can have a lawyer by your side when the police are questioning you.
At the time of questioning
Under the law, you can keep silence and not answer the questions a police officer asks. But if you were a part of a car accident, then you may have to reveal your name and details of the person who was driving the car.
Also, the police have to inform you beforehand that you don't have to answer all of their questions, and whatever you tell them in response can serve as evidence for them. They can record this entire question and answer session electronically. Hence, it's critical to remember that you only provide details like your name, date of birth, and home address, and nothing else. Give fingerprints and photographs when asked. However, if they ask you to sign anything apart from a bail form, don't oblige. Refuse it politely. Make sure when all these happen, your lawyer is also present there at that time.
Time spent in custody
Generally, a police officer cannot detain you for more than four hours for the investigation. Nevertheless, they can seek an extension of an additional eight hours. But after that, they must release or file a charge against you. If you face a criminal charge, you can come out of the jail on bail. Sometimes, a court may deny bail to a suspect based on his past criminal records, the seriousness of the current offense committed by him, or his failure to abide by the terms and conditions of the bail. If that happens, you may have to appear before a court as soon as possible so that you can submit your bail plea once again.
If you hire a firm that specialises in Strategic Law Townsville, you don’t have to worry about bail application, representation in court, and police investigation. The lawyer will help you from end-to-end.