Professional Defence Counsel for Arrest & Bail Applications in Adelaide
Nicholas Vadasz LLB Barrister & Solicitor, can provide advice and representation for individuals following their arrest, irrespective of the seriousness of the charge. Whether you have been apprehended for a traffic offence, assault or drug offence, Nicholas can advise you of your rights and fight for your release on bail. This includes Supreme Court bail reviews.
Arrests
Your Arrest Rights
If the police have arrested you, it’s essential you know your rights. Upon apprehension, the police must inform you that:
- You have the right to remain silent
- Anything you say may be taken down and used in evidence
- You have the right to a phone call
- You have the right to an interpreter
- You have the right to apply for bail
- You have the right to talk to a lawyer upon arrest and before interrogation.
Police Interviews
Police will interview you if you are suspected of committing a crime. If you’re being interviewed, the key things to remember are:
- Recognise your right to remain silent
- You have the right to ask to speak to a solicitor
- You have the right to have your solicitor present at the interview
- Anything you say can be used against you in court
Exceptions
During a police interview, there is some information you are required to disclose under various pieces of legislation, overriding your right to remain silent. Failure to answer these questions may result in an additional charge. Some examples of this information include:
- Who was driving at a specified time and place?
- Who is the registered owner of the vehicle?
- Where and how you acquired a firearm, or the location of a firearm.
- You must give police your full name and address.
Refusal to answer these questions is considered an offence.
Bail
When you are arrested, you will be given the option to apply for bail. Bail will permit you to be released from custody. There may be conditions to your bail agreement, including home detention or electronic monitoring.
Presumption Against Bail
If you have been charged, there is a general presumption that you should be granted bail. In some circumstances, the Bail Act removes the presumption to bail.
The Bail Act specifies the offences and types of offending where there is a presumption against bail. The court can still grant bail, even though the Bail Act specifies a presumption against bail, provided the applicant can establish exceptional circumstances.
If you are denied bail, contact your solicitor for advice.
If you or someone close to you has been arrested, call (08) 8231 4646 for advice.