The Importance of the Right to Silence When Charged with a Criminal Offence

The police will want to question you if you are present at a crime scene or if you are a suspect in breaking a criminal statute. You do, however, have the right to remain silent, which means the police cannot force you to agree to an interview or questioning. The right to silence is an important action that every individual should take advantage of when charged with a criminal offence as it can help a defendant immensely if they are taken to court, so let’s take a close look…

What is The Right to Silence in NSW?

When someone is suspected of committing a crime, they have the right to remain silent, including the right to refuse answering police questions and the right to refuse to testify in court. If you don’t want to answer any questions, inform the police officers that you wish to remain silent.

The right to silence reflects the notion that in a criminal case, the prosecution carries the burden of proof; it is not up to the accused to show their innocence. It also reflects the long-held idea that people should not be forced to answer questions regarding possible illegal behaviour.

As experienced Sydney criminal defence lawyers, we understand the need to defend oneself as well as the desire to disclose the truth. However, the police are aware of this and will attempt to exploit it. Therefore, your police statement is crucial, and it will be kept on file indefinitely and can be used against you even if the statement is amended later.

Therefore, it is important to never speak to the police without the presence of a Sydney criminal defence lawyer, especially if you’re a suspect in a crime.

Why Is It So Important to Keep Quiet When Charged with a Criminal Offence?

When you’re arrested, it’s never a smart idea to renounce your rights and speak to the cops. Police will strive to create a case against you if you are the main suspect in a crime.

Police frequently assert that there are two sides to every story and that they are attempting to obtain yours as well. But keep in mind that you are not acting in their best interests. They will act as if they are on your side and defend your rights. They might try to deceive you and elicit responses that aren’t in your favour. But, in reality, you could be providing them with evidence to use against you.

Many people who have been convicted, sentenced and sent to prison would not have suffered if they had just remained silent when imprisoned and refused to speak without the presence of Sydney criminal defence lawyers.

Any evidence gathered at the crime site is still admissible, and anything you say is as well. Unfortunately, many people do not remain silent and instead volunteer more information to police officers to convey their experiences and defend themselves. If you tell the truth, police officers will pledge not to press charges against you. That, however, will not always happen.

With a team of Sydney criminal defence lawyers, you will be able to build an effective strategy to lessen the sentence or have your case dismissed if you remain silent.

As a result, if you believe you are a suspect in a crime, are innocent, or have nothing to conceal, do not speak to police officers without the presence of Sydney criminal defence lawyers.

Consult your lawyer for further information on your right to remain silent. Please call one of our criminal law firms Sydney, soon if you want criminal defence lawyers or traffic infringement attorneys.

Will Refusing to Answer Questions from The Police Make Me Appear Guilty?

The police cannot accuse you of being guilty based on a hunch. However, if you choose to use your right to remain silent, the authorities will not be able to infer guilt, even if you do not wish to utilise Sydney criminal defence lawyers.

If the authorities insist on charging you with a crime because you chose to remain silent, remember that they must prove your guilt, and it is not your obligation to prove your innocence. This is known as the presumption of innocence, and as skilled Sydney criminal defence lawyers, we can confidently say it is one of the most critical aspects of the Australian legal system. As until you are proven guilty, you are innocent.

Is It Preferable If I Only Answer SOME Of the Questions?

No, it may feel embarrassing to refuse to answer police questions but answering some questions while refusing to answer others can worsen your situation.

It’s worth noting that if you haven’t been arrested, you don’t have to go through the interview process to deny your role in the crime. However, you do not have to be present in the interview room to declare your innocence, and you do not have to be present in the interview room to register your refusal to be questioned. As previously said, if you have not been arrested, notify the police straight away that you do not want to be interrogated, and then get in contact with Sydney criminal defence lawyers immediately.

Is It All Right If I Provide the Cops My Name And Address?

One of the rare exceptions to the right of quiet is your name and address. Refusing to provide these facts could be considered a crime. If you are unsure about handing over your identification, you should get legal advice from one of the many skilled criminal law firms Sydney.

Do I Have the Right To Remain Silent As A Witness?

Yes. You have the right to remain silent even if you witness the crime. You are under no legal obligation to report a crime or answer police questioning. However when the offence is serious things are different. If you refuse to help after witnessing a significant criminal crime, known as an indictable offence, you may be charged with concealing.

Keep in mind that if you voluntarily report a crime to the police, you may be asked to produce evidence or legally obligated to attend court trials. If this situation, it is imperative you get in contact with reputable criminal law firms Sydney so they can help defend your case.

How Can a Criminal Defence Lawyer Help Me When I Remain Silent?

Although police interviews and interrogations may appear scary, you must remember that you have the right to remain silent. Therefore, you must be cautious in what you say and what you do.

If you are accused of a crime, you can remain silent until a legal representative from a criminal law firm Sydney arrives. However, because of a new modification to the Evidence Act of 1995, remaining silent may be harmful if you choose to suppress facts that you later rely on in your trial for a significant indictable offence.

Searching for Experienced Sydney Criminal Lawyers?

When searching for a reputable criminal defence lawyer to defend your criminal offence case, you must find a Sydney criminal lawyer with both experience and a high success rate in helping their clients achieve positive outcomes.

Whether you are facing a summary criminal offence, a minor criminal offence, a significant criminal offence or any other type of offence, experienced Sydney criminal lawyers are imperative in providing you with the best possible defence.

Benjamin Leonardo are outstanding Criminal Defence Lawyers. They understand the strain criminal offence cases have on their clients and families alike and provide sympathetic, non-judgemental expert advice and support to their clients. With criminal law firms in Sydney and Parramatta, conveniently located near both the local and district courts, they will make your legal defence process transparent and manageable.

Having defended more than 3,800 criminal defence cases and a success rate of over 90%, Benjamin Leonardo, Criminal Defence Lawyers in Sydney & Parramatta, provides their clients with informed legal advice and flexible payment terms. If you have been charged with a Sydney criminal offence or drink driving offences, please contact Benjamin Leonardo on (02) 9283 3033 for your first Consultation.