Your Right To Remain Silent When Questioned By Police

Police can ask you questions when they suspect you may have committed a crime. However, they must follow certain procedures when questioning you.

One of these procedures is the caution, similar to the Miranda warning in the United States. The caution is given to you before the police ask any questions, informing you of your right to remain silent and speak to a lawyer. The caution varies depending on the state or territory you are being questioned about. However, it generally includes a statement that anything you say can be used as evidence in court, and that you have the right to remain silent and not to answer any questions.

You will also be informed that if you choose to answer any questions, the answers can be used against you in court.

While the right to remain silent is a fundamental legal right protected by law, there are some exceptions to this right in certain situations. In Australia, there are a few circumstances under which a person may be required to answer questions and cannot exercise their right to remain silent.

One of the most important exceptions to the right to remain silent is when a person is subpoenaed to testify in court. In such cases, a person is legally required to answer questions truthfully, and failure to do so can result in perjury charges. This exception applies to the person accused of a crime and to witnesses called to testify in court.

It is important to note that even if a person is required to answer questions under these exceptions, they still have the right to remain silent if their answers may incriminate them. It is recommended that a person seek legal advice from criminal lawyers in Melbourne before answering any questions in these circumstances.

If you speak to the police without legal representation, you risk incriminating yourself. Even if you are innocent, something you say during questioning may be taken out of context and used against you in court.

In addition, police are trained to extract information from suspects during questioning. They may use various techniques to get you to talk, such as telling you they have evidence against you, or that your silence will make you look guilty. It is important to remember that you have the right to remain silent, and exercising that right does not make you look guilty.

If the police are questioning you, you must exercise your right to remain silent. You can do this by simply stating that you wish to remain silent and want to speak to a lawyer. It is important to be polite and respectful when making this statement.

Once you have stated that you wish to remain silent, the police cannot continue questioning you. If they do, anything you say can be considered inadmissible in court. It is also important not to provide any false information to the police. Providing false information is a criminal offence, and you may be charged with perjury.

Understanding your rights and how to exercise them to protect yourself from incrimination is important. If you’re facing criminal charges in Melbourne and need legal representation, please contact Stary Norton Halphen. With years of experience in criminal law, our team of expert lawyers will work tirelessly to defend your rights.