We understand that being arrested can be a distressing time. In the event that you are being arrested, it’s important to know what your rights are and engage a lawyer as soon as possible.
The police may arrest you if they:
- Believe that you have broken the law
- Have a warrant (court document) for your arrest
- Believe you are mentally ill and might harm yourself or someone else.
Below we have provided some steps to remember if you are being arrested
Step 1
Ask what you are being arrested for, DO NOT struggle or argue with police – you are not obliged to answer any questions other than your: name, DOB and address.
Step 2
Remember that everything you say will be recorded by the police and may be used against you, even if the police do not tell you that they are going to do so. There is NO SUCH THING as an ‘off the record’ conversation
Step 3
Make a note of the ID numbers of the police if they are violent or behave improperly with you.
Step 4
If you are not under arrest do not agree to go with the police anywhere unless you want to. Unless the police are arresting you, you are free to go.
Step 5
Always politely ask the police why they are doing anything.
Step 6
Make a note yourself of what occurred as soon as possible, these will be important later on
Step 7
Contact your lawyer as soon as possible.
If you need to speak to one of our Adelaide-based criminal lawyers or have been arrested, contact us for advice as to your rights and obligations.