Being arrested or questioned by police is stressful for anyone. It can feel overwhelming, especially if you’re not sure about your rights or the process involved. At Mohan Yildiz & Associates, we regularly help people through these tough situations. This guide cuts through the confusion to explain clearly and practically what you can expect—and exactly what you can do to protect yourself.
What’s Happening With Crime in Victoria Right Now?
In 2024, crime rates across Victoria rose by around 13%, particularly involving traffic offences, breaches of intervention orders, and minor assault cases. Many of these incidents involve everyday people unexpectedly finding themselves needing advice from criminal defence lawyers.
Common Criminal Issues and How to Handle Them
Traffic Offences
Traffic charges like drink driving, dangerous driving, or excessive speeding often seem minor but can have serious outcomes—including heavy fines, losing your licence, or even jail time. If charged, getting prompt advice from experienced criminal lawyers can make a significant difference, potentially reducing penalties or even helping you avoid a conviction altogether.
Breaching an Intervention Order
Breaching an intervention order happens far more often than people realise. Victoria sees tens of thousands of these cases annually, many arising from misunderstandings or lack of awareness about what the order actually covers. It’s vital to fully understand intervention orders, including exactly what actions constitute a breach. The penalties can be severe, ranging from fines to imprisonment.
You can find more about the specifics of these situations in our guide: Breaching an Intervention Order in Victoria.
Your Rights When Dealing With Police
Knowing your rights when interacting with police is crucial. Here are the key points:
- If you’re arrested, you must go with the police officer to the station. Resisting or obstructing arrest can result in additional charges. However, police must have a valid reason to arrest you in the first place.
- You always have the right to remain silent. It’s often best to exercise this right until you’ve spoken to a lawyer.
- Police can’t arrest you simply for being intoxicated in public (this law has recently changed). But if you’re asked to attend the police station for alcohol or drug tests after driving, you should comply—refusal can significantly affect your licence.
- While you’re in custody, police have the right to search you, fingerprint you, interview you, photograph you, and formally charge you. They must also clearly explain your charges.
If police exceed their authority or use unnecessary force during arrest or questioning, you’re entitled to file a formal complaint.
Your Right to Make Phone Calls in Custody
When arrested and in police custody, you have the right to make two private phone calls:
- One to a lawyer.
- One to a friend or family member.
Police should provide privacy for these calls. In rare cases—like certain drink-driving charges or if police suspect the call could jeopardise an investigation—they might temporarily restrict this right.
How Long Can Police Keep You in Custody?
Police can only hold you in custody for a reasonable time without charging you. The definition of “reasonable” varies depending on the seriousness of the charges and how long investigations take. If you believe you’ve been held too long without charge, immediately request to speak to a lawyer and clearly ask police about their intentions.
Property and Personal Belongings
If police hold you in custody, they’ll temporarily confiscate your belongings. They must clearly document these items and ask you to verify their list. Your items must be returned upon release unless they’re held as evidence or legally destroyed.
If You Need an Interpreter
Language barriers shouldn’t disadvantage you. If English isn’t your first language, police must provide a qualified interpreter at no cost to you. It’s your right to clearly understand every stage of the process.
Special Support for First Nations Individuals
If you’re Aboriginal or Torres Strait Islander, police must notify the Victorian Aboriginal Legal Service (VALS). They will arrange for immediate advice and support. Additionally, Aboriginal Community Justice Panels can offer practical assistance, advocacy, and culturally sensitive guidance throughout your interaction with police.
Medical Needs and Health Concerns
Your health matters. If you’re in custody and require medical attention or prescribed medication (including treatments like methadone), clearly inform the police immediately. They must facilitate prompt access to medical care or prescriptions.
Why Early Legal Support Matters
Acting quickly to obtain legal representation greatly improves your chances of a positive outcome. Experienced criminal lawyers help you by:
- Explaining charges clearly.
- Negotiating directly with prosecutors and police.
- Helping secure bail or exploring diversion options.
- Challenging prosecution evidence when appropriate.
At Mohan Yildiz & Associates, we provide clear advice and effective strategies tailored specifically to your situation.
Understanding Victoria’s Court Process
Knowing the basic steps ahead of you can significantly reduce stress:
- Charge and Summons: Formal notification of your charges and first court date.
- First Mention: Initial hearing outlining your charges and potential bail.
- Negotiations: Lawyers negotiate with prosecution, potentially reducing charges.
- Hearing or Plea: Decide to contest charges or plead guilty.
- Sentencing: Final court decision regarding your penalties.
We support clients through each step of this process, ensuring clarity and confidence every step of the way.
Quick Tips if You’re Facing Criminal Charges
- Immediately gather relevant evidence (texts, emails, witness statements).
- Avoid posting anything online about your case.
- Document all details of your interactions with police.
- Seek professional legal advice urgently—the quicker, the better your outcome.
Navigating Criminal Matters Confidently
Facing criminal charges or dealing with police is tough, but clear information about your rights and processes makes it manageable. At Mohan Yildiz & Associates, we offer supportive, practical legal help every step of the way.If you’re facing criminal charges and need clear, effective support, contact Mohan Yildiz & Associates today.
