What Are My Rights following An Arrest in New South Wales?
If you are found in a situation mandating an arrest in NSW, you will be taken to a police station where you must be informed of your rights after arrest.
Some of the rights afforded to an arrested person includes the following:
• The right to remain silent (with some exceptions);
• The right to contact a lawyer and / or have them present for the investigation;
• The right to contact a friend / relative;
• The right to have an interpreter present; and
• The right to medical attention if it is necessary or requested for a reasonable reason.
What is the Right to Remain Silent?
A person has a general right to remain to silent after being arrested in NSW. This comes with the exception of the need to provide your name and address in certain circumstances when dealing with the police.
Incidents involving a motor vehicle accident are also an important exception to your right to remain silent. In this situation, you must provide information such as your name, address and who was driving or who was a passenger in a car. It is an offence not to do so under the Road Transport Act 2013.
Why is it important to contact a lawyer?
If you have been arrested, it is important that you seek legal representation. A lawyer can help you by explaining how the law applies to your individual circumstances. They can advise you of what you should or should not say. A lawyer can also assist you with applying for bail and can represent you in court.
If you find yourself in a challenging situation, please don’t hesitate to reach out to us for assistance. Give us a call at 02 9682 5433, and we will be here to support you through this difficult time.
