ASK A CRIMINAL LAWYER
FREQUENTLY ASKED QUESTIONS
Do you need legal help? Are you in trouble with the police? Here are some FAQs we’re often asked. If you or someone close to you is in police custody or under arrest, call us immediately on 08 6141 3128.
WHEN DO I NEED A CRIMINAL LAWYER?
A: If you’ve been charged with any criminal offence like a driving charge, sex offence, financial crime or assault charges, you need to call a criminal lawyer right-away. The sooner you get legal advice, the better your chances of a good outcome in your case.
WHAT WILL HAPPEN AT OUR FIRST APPOINTMENT?
A: At your first meeting with one of our experienced criminal lawyers, we will review the documentation police provided when charging you. This is really important for us to understand what you have been charged with. We’ll also ask you questions to better understand your situation and your recollection of the events leading up to the alleged offence.
SHOULD I ATTEND A POLICE INTERVIEW WITHOUT MY LAWYER?
A: Our advice is no, you shouldn’t attend a police interview without your lawyer present. Unless you’re planning to exercise your right to remain silent and you’re confident in your ability to remain silent and calm under pressure and in stressful situations. Becoming defensive or angry during the interview often leads to a person inadvertently saying something that may count against them later. Don’t risk incriminating yourself.
HOW TO CHOOSE A CRIMINAL LAWYER
A: Choosing a criminal lawyer to represent you can be tough, and you’re likely to be under a lot of stress if you’ve been charged with an offence. There are a few things you should consider when choosing a lawyer to defend you:
- Experience – how long have they been practising for and have they dealt with similar charges?
- Speciality – what area of law do they specialise in? If you’ve been charged with a criminal offence, you need a lawyer who specialises in criminal law.
- Costs – depending on your situation, moving through the court system and proceedings once you’ve been charged can be lengthy and require a lot of time and commitment from your lawyer. Wouldn’t it be great if you knew what it would cost up front? Well, now you can, call Kingdom Legal today.
I RECEIVED A FREEZING NOTICE, WHAT SHOULD I DO?
A: The first thing you should do if you’ve been served with a freezing notice or freezing order is get legal advice about your particular situation. We’ll help you to:
- Complete and provide a statutory declaration to the officer in charge of the police station stated in the notice within 7 days. Your statutory declaration must include details of any person who is an interested party. If you don’t know of any interested parties, you must make that clear in your declaration.
- File an objection within 28 days. Various documents need to be filed with the Court nominated in the freezing notice, in order to object to confiscation. If you don’t object to the freezing notice within the time frame, your property can be confiscated automatically.
WHAT DOES CRIME-USED PROPERTY MEAN?
A: Under the Criminal Property Confiscation Act and the Proceeds of Crime Act, any assets that have been used in or for committing a crime can be defined as crime-used property and can be subject to restraint and confiscation.
WHAT DOES CRIME-DERIVED PROPERTY MEAN?
A: Under the Criminal Property Confiscation Act and the Proceeds of Crime Act, any assets that have been obtained as a result of committing a crime is deemed to be crime-derived property and can also be subject to restraint and confiscation.