Some people believe that the allegations against them are all a misunderstanding or that police won’t have any evidence; that it was the other person’s fault or that they have done nothing wrong.  If they just explain it to the police it will all be resolved.

Many think that simply by denying the allegations or providing false or misleading information all their problems will do away.

Others feel that talking to police is the decent thing to do and necessary to demonstrate that they are not guilty.  And yet others feel the need to confess everything to police.

Whatever your circumstances, getting legal advice before speaking to police is advisable.  You should understand the full legal consequences of what you are about to do first.  This is particularly important if you have a criminal history, are young, have an occupation where having a conviction recorded could be devastating for your future employment or where the potential charge is serious.

It is important to consider factors including the following:

  • If police believe they have enough evidence that you have committed an offence, generally you will be charged even if you deny the allegation.
  • Denying the allegations will rarely stop the charge process as it is up to the courts to decide innocence or guilt.
  • If police have approached you as a potential suspect and requested an interview, it is highly likely, almost certain, that they will charge you, regardless of what you say when questioned.
  • Do you want to add to the evidence that can be used against you?

Lawyers generally advise clients against answering police questions because it is the responsibility of the State to gather enough evidence to prove guilt beyond reasonable doubt and we all have the right to silence.  Exercising your right to silence cannot be held against you in court.  However, there are limited circumstances when giving your version of events in a police interview may be in your best interests.

Remember that you are only required to provide your name and address to police.  You do not have to answer any other police questions.  We strongly advise that you get legal advice before answering any questions.  Police are required to delay questioning for a reasonable time to allow you to telephone or speak to a lawyer.

If you need legal advice, we are contactable 24 hours a day 7 days a week in emergencies so that even if police arrest or approach you after business hours we can still help.


If your call is not urgent please call during business hours.