Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
When exercising police powers, an officer must comply with some basic principles and ensure you have been provided with your rights. You cannot be arrested for questioning, and unless you have been arrested for an offence, you do not have to accompany police to a police station for questioning. You should insist that you be allowed to contact a lawyer and should ask for a lawyer or independent witness to attend the questioning.
How long can you be held at a police station?
Police only have a reasonable time to interview you and carry out further investigations once you have been detained, before they must either charge or release you. A reasonable time is less than 4 hours, unless you are, or appear to be, under 18, or are an Aboriginal person or a Torres Strait Islander, when the reasonable time is only 2 hours. The police can apply for the period to be extended (by detention warrant) up to a further 8 hours.
In reality, there are a number of procedures that are not included in the reasonable time period. These include time to allow you to communicate with a lawyer, to recover from intoxication or to wait for recording facilities.
Your right to silence
The right to silence of a suspected person is a long-standing tenet of our criminal law, seen by courts as a “fundamental rule”. A suspect does not have to agree to an interview with police. However, if the interview relates to the use of a motor vehicle, you are required to provide your name and the driver’s identity.
Should You Be Interviewed?
Your denial, if accepted, may mean that police do not charge you with a criminal offence. Your version may be more readily accepted by a court because you told the police what you knew at the time of your arrest and before seeing the witness statements. The court must take into account your remorse when sentencing you and remorse can be demonstrated at interview.
Police often do not have enough evidence against you to prove the offence when they question you. You may say something that may help the police prove the case against you. There is no certainty that providing your version of events to police will influence the police officer to decide not to issue a summons.
The interview process can be stressful and this may lead you to be confused or mistaken about what actually occurred. Sometimes suspects who are interviewed will give an incorrect version of events and, after reading the witness statements, remember what occurred. It is always difficult for an accused person to convince a court that they were mistaken about the facts and have not changed their evidence to support their case.
Interviewing children and young people
Police must not interview a suspect child or young person about an offence, or cause the child or young person to do anything in relation to the investigation of an offence, unless they have appropriate adult support. Support can be in the form of a parent, someone who has daily or long-term care responsibility, a family member acceptable to the child or young person, their lawyer or another suitable person (for example, someone trained by the Public Advocate to attend such interviews).
However, police can interview a child or young person if they believe on reasonable grounds that it is necessary to avoid a risk of death or serious injury of a person, or serious damage to property.
Police must not charge a child or young person with an offence at a police station unless satisfied that proceeding by summons would not achieve one or more of the following:
- ensuring the person appears in court;
- preventing the person from offending;
- preventing the concealment, loss, destruction or fabrication of evidence;
- preventing harassment of, or interference with, a potential witness;
- preserving the person’s safety or welfare.
Police must promptly take all reasonable steps to tell a parent or responsible person about the restraint or arrest of a child. If a child or young person is charged with an offence at a police station, the charging officer must promptly take all reasonable steps to tell a parent of responsible person the terms of the charge, where the child or young person is and when the child or young person will be brought before the Children’s Court.
For advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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