When in a tough situation, where you are considering a professional defence lawyer – it’s likely that you have many questions. We’ve put together this quick set of myths help you in your situation. If you don’t see what you are looking for, simply ask us at the bottom of this page. One of our barristers will be contact with you within 24 hours.
Legal Advice Mythbusting 101
Myth # 1 I am required to answer questions
You are only required to provide your name, address and date of birth to the police……..any further question no matter how simple or straightforward the question is. Your answers will be used against you not for you. It does not matter if what you said is signed by you or not. Your answer may have a huge negative impact further down the track. Ask to speak to one of our lawyers immediately and remain silent if that occurs.
Myth # 2 I am not making a statement I am just answering a few questions
Wrong. Anything that comes out of your mouth is a statement will be used against you if it helps the police case. It does not matter if the answer is given in a formal interview or not. For example, what is said in a “friendly chit-chat” in a police car on the way to the station is as much a statement as an answer given in formal interview back at the police station.
Myth # 3- I have nothing to hide – might as well answer questions or give a DNA sample
Wrong. The police may see it differently. They might see you as a possible suspect. Remember, innocent people do get convicted. Better to play it safe, remain silent, answer no questions, give no samples and call one of our team immediately.
Myth # 4 If I co-operate I will be less likely to be charged
Wrong. The police are after evidence. Co-operation means there will be more to be used against you. Stop. Call one of our team immediately.
Myth # 5 All lawyers are the same
Wrong. Just like any profession, there are great lawyers and average lawyers. You may be stuck with a lawyer for a very long time, so its best to choose one that you get along with and believe can help you the most in the long run. Trust your instincts when picking a lawyer, as more often than not your gut feeling can often prove most effective in these sort of decisions.
Myth # 6 A lawyer will be too expensive
The cost of a lawyer should not be your first consideration – consider how much it could cost you if you were convicted. It is often hard to estimate how much a lawyer will charge, as it all depends on what the lawyer has to deal with throughout the duration of the case. To avoid being taken advantage of, a lawyer should charge approximately between $2,000 and $10,000 for a trial that doesn’t require a jury depending on the work required. For a trial that requires the input of a jury, the charges can be between $8,000 and $40,000, again depending on the amount of work required.
Myth # 7 I am worried about going to jail – theres no way around this
If this is your first offence, there is a very low chance that you would be sent to jail. An end sentence of under three years would most likely result in home detention whereas a sentence over three years will possibly result in jail time.