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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44200
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Ive been called by the police to present myself to be

Customer Question

Ive been called by the police to present myself to be recorded and answer a few questions because i broke the windscreen of someone at work. I was told that I will be under arrest once i present myself, this is the condition in order for me to answer the questions. I don't really understand what this means -
Q1) Can i be detained over night or be hold there until i pay a bond or something like that ?
Additionally, If i drive without a license in WA, but i haven't been stopped by police or got a fine, but the police found out that I drove without a license from the people at my work.
Q2) Can i still get charged even though i wasn't caught in the act?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The Police have a right to hold you if they believe that you are a flight risk

If you you drive without a licence they can find you and you will have to go to court to get sentenced for that.

The Police can only give you the notice for court if they have evidence and the people at work are going to have to give evidence.

Have the police charged you with the driving offence?

Customer: replied 1 year ago.
Hi Leon,
Yes I don't think that I am chared with driving with a suspended licence. The thing that is unclear is that I've been told by the officer in chared that if I don't present myself on a certain date to the police satiation, they will send officers to get me. So my question is - can they do that if I am not chared yet ? All that I've been told that I'm going to be interviewed and recorded so why would they send someone after me like that?
Expert:  Leon replied 1 year ago.

Good Afternoon

If you have been charged then you would have a court date. You have to go to the station. If you done then you can be charged with not obeying the police.

Yes they can.

If you do not want to be interviewed you have to go to the station but you do not have to answer their questions apart from giving them your name and address.

You so not have to answer any other questions and you tell them you do not wish to take part in the interview. If you say nothing they cannot hold anything against you.

They have to rely on the information they have to charge you if they are going to.

I hope this makes sense? You have a right to remain silent.

Expert:  Leon replied 1 year ago.

Good Morning

I am just following up my last post.

Are you still in need of assistance?

Expert:  Leon replied 1 year ago.

Good Morning

Just make sure that you do not say anything but your name and address. If you do it can be held against you.

I hope this makes sense and is of assistance

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.