Do I need a lawyer for a police interview?

Being questioned by the police concerning a crime is an experience that most people hope to never encounter. However, if it does happen to you, you may be wondering what you should do if the police want to interview you. A big question you are likely to have in this situation is whether or not you need to speak to a lawyer before an interview or have a lawyer present with you for police questioning.

Knowing your rights and the process involved with police procedures can be crucial if you are required to attend a police interview. 

Police interviews

Police may request you to speak to you about an alleged criminal offence. They may do so because you are a witness, or they suspect you have committed an offence. 

This can be a stressful, confusing, and intimidating experience. Unless you’re familiar with police procedure and the justice system, you’re likely to be unsure of your rights. 

When questioned in regard to a crime, you may want to share your version of events, but you can easily say the wrong thing or something that is incriminating which could lead to you being charged with a criminal offence. 

It’s important to understand the purpose of a police interview and what your rights are in this situation to help you avoid being charged or providing incriminating information. 

Reason for police interview

The aim of a police interview could be to receive a witness statement or obtain evidence with which to prosecute you for a criminal offence. 

Police questioning can include being brought in for questioning in a formal manner. This is known as a police interview or a record of interview. A police interview will be recorded, and what is said in police interviews can become an important piece of evidence used in criminal cases. 

Police can also question you in an informal setting such as on the street. This can often happen at crime scenes.

If you’ve never been questioned by police before, it can be easy to misunderstand the situation or be confused about your rights. 

Know your rights!

You have numerous rights available to you during a police interview, and the police must inform you of these rights before questioning begins. 

You can ask why you’re being interviewed to get a better understanding of why you are there. Though be aware, the police may be able to mislead you to get incriminating information. 

No matter what criminal offence you’re being questioned about, everyone has the right to contact a lawyer and seek legal advice before answering any questioning. 

Right to remain silent

During a police interview, you have the right to remain silent. You’re required to attend the police interview, but that doesn’t mean you need to answer any non-essential questions. Providing your name, date of birth and address are the only mandatory questions you must answer, otherwise you can remain silent or reply with ‘no comment’.

Silence or ‘no comment’ does not mean an admission of guilt. In Australia, a lack of an answer to police questioning cannot be used as evidence of guilt, or even presented before the court. If you decide to say ‘no comment’ then it is best to say that to every question. Being inconsistent with your responses, by answering some and not others, may raise some questions, and even when choosing not to answer, it’s important not to be rude or aggressive when questioned by the police. 

What you say during a police interview will be presented as evidence in court at a later date. You may accidentally incriminate yourself and say something during questioning which leads to charges being laid against you. If you do answer questions during a police interview, it’s best to do this only after consulting with a lawyer. 

When to contact a criminal defence lawyer

You have the right to contact a lawyer during a police interview, and contacting a lawyer as soon as possible is highly advisable. 

Speaking with a lawyer before answering any questions will ensure you’re better equipped to know whether to tell your side of the story and ensure you don’t provide more information than is necessary. The earlier you speak with a lawyer the easier it can make the whole process. They will help you navigate legal procedures so you will be better informed and have a better understanding of what’s going on. 

A lawyer can attend the interview in person or provide advice over the phone to guide you through questioning. 

Criminal lawyers Melbourne

Receiving legal advice from competent and experienced criminal lawyers in Melbourne can have a meaningful impact on the outcome of your police interview, and your case if it progresses to court. And having a lawyer present for your police interview can mean the difference between whether your matter proceeds to court or not. 

Stary Norton Halphen are experienced criminal defence lawyers in Melbourne. We are well-equipped to provide legal advice on a range of criminal matters. If you’re brought in for police questioning, contact us as soon as possible.