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Category: Articles - 1. Australian ContentLaw & Disorder by Paul BrennanSample #1 Being arrested. What you need to know. Joe Orton said “they do not encourage reading in the police force, they like to keep the paper work to a minimum”. Not only do the police have to deal with the dregs of society but also smug patronising comments from the likes of Orton. You and I as right thinking people believe that the police have a difficult job and for the most part carry it out cheerfully and patiently. That is of course until you or more likely your son gets in trouble with the police. Within minutes you will start to go over to Joe Orton’s way of thinking. The police to their credit do seem by and large to pick generally guilty people to put before the courts who proceed to plead guilty. Therefore if you or your son are arrested then as far as the police are concerned you are guilty. Worse still you or your son probably will be guilty. But let’s say, for arguments sake that you are arrested by the police for no reason at all (not an uncommon defence). You are entitled to a lawyer. Will you offend the policeman by calling a lawyer? Has he or she the professionalism to respect your legal rights? The answer is “Who cares”, get the lawyer. If you feel you can convince the police that they are making a big mistake and there is nothing suspicious about your conduct (bearing in mind you have been arrested and are in a police cell) then make a full statement to the police. If not, your lawyer will advise you to stay stumm and tell it to the court. By saying things to the police you helpfully add to the evidence against you. Why do you think they go to lengths that would impress even Joe Orton to write it down or tape record it. So if you are in trouble with the police get a lawyer and ” STAY STUMM”. © Paul brennan 2005. Paul is a lawyer, speaker and author practising at Brennans solicitors and migration agents, Mooloolaba. Paul is also the "Legal Eagle" every tuesday at 4.15pm on the Cam Young show on ABC Radio Sunshine Coast. For publishing details, please contact Auspac Media to confirm rights in your area, by calling toll free on 1800 652 284 (Australia only) or emailing to info@auspacmedia.com.au.
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