25 Nov What to Do If You’re Charged Over the Holidays: Legal Rights and Immediate Steps

Ah, the holiday season—the time for family gatherings, festivities, and… occasionally, a bit too much cheer. Unfortunately, for some, the holidays don’t end with jingling bells but with a set of keys jangling as they’re placed in a holding cell. Whether it’s a mix-up at a Christmas party, a misunderstanding on New Year’s Eve, or just plain bad luck, being charged with an offe nce over the holidays can be a stressful experience. Here’s a quick guide on what to do if you or a loved one find yourselves on the wrong side of the law during this “joyous” season, with NSW and QLD-based advice from FEDOROV Family Lawyers.

Step 1: Stay Calm and Don’t Panic

The first thing to remember is this: don’t panic. It might sound easier said than done but staying calm can prevent a tricky situation from escalating. When you’re stressed, it’s tempting to speak out to clear things up, but remember that you have a right to remain silent. This doesn’t mean you can’t ask questions but think of it as giving yourself some breathing room to make smart decisions.

If you’re approached by police, ask if you’re under arrest or if you’re being detained. If you’re not, you can leave; if you are, it’s important to know your rights and understand what’s happening.

Step 2: Exercise Your Right to Silence

In both NSW and QLD, you have the right to remain silent when questioned by police. You aren’t required to answer any questions beyond providing your name and address. If police start asking questions, politely but firmly say, “I would prefer not to answer any questions until I’ve spoken to my lawyer.” Anything you say can—and likely will—be used against you in court, so it’s better to wait until you have proper legal advice before making any statements.

This might feel awkward, but believe us, it’s one of the best ways to protect yourself legally. Keep it short, polite, and let them know you want to speak to a lawyer before discussing anything else.

Step 3: Contact a Lawyer (Yes, Even During the Holidays)

If you’re charged over the holidays, don’t worry—criminal defence lawyers know that crimes don’t follow a calendar, and many (including us) are available over the holiday period for emergencies. Contacting a lawyer should be one of the first things you do after being charged, especially since legal advice during those initial interactions with police can make a huge difference.

In NSW and QLD, you’re legally allowed to contact a lawyer before an interview with police. Even if you’re not sure if the charge is serious, having someone on your side to explain what’s happening and advise you on what to say (or not say) can be a lifesaver.

Step 4: Know Your Rights If You’re Arrested

If you’re placed under arrest, here’s what you can expect:

1. The Right to Be Informed: Police must inform you of the reason for your arrest. It’s your right to know the specifics of the charges you’re facing, so don’t hesitate to ask for clarification.
2. The Right to a Phone Call: You can make a call, whether to a family member, friend, or your lawyer. We recommend contacting your lawyer first, as they can guide you on what to say to others.
3. The Right to Refuse a Search: Police can conduct a pat-down search if they have reasonable grounds, but in NSW and QLD, they’ll usually need a warrant for more invasive searches unless exceptional circumstances apply. If they do insist on a search, cooperate calmly and let your lawyer know immediately.
4. The Right to Request Bail: In some cases, police will have the power to grant you bail immediately. If they refuse, you’re entitled to apply for bail in court, usually within 24 hours. Bail laws can be strict in both states, but an experienced lawyer can help negotiate conditions that may increase your chances of release.

Step 5: Watch What You Say to Friends and Family

It’s natural to want to talk about what happened, but this can backfire. Any statements you make to others, whether in person, over the phone, or (especially) on social media, can be used as evidence. Even a light-hearted comment could be twisted or misinterpreted in court. So, while you may want to vent, keep details to a minimum until you’ve had legal advice.

Step 6: Prioritise Your Legal Defence

Once the immediate stress of the arrest is over, focus on getting solid legal representation. Holidays or not, criminal charges are serious, and a lawyer can guide you through what to expect next. Whether it’s a minor incident or something more severe, your lawyer will help you prepare for any required appearances in court, negotiate on your behalf, and build a defence strategy.

Why Having a Lawyer is Essential

At FEDOROV Family Lawyers, we understand that being charged can be daunting. The legal process is complex, and a criminal charge can have serious consequences, even for a minor offence. Lawyers bring essential knowledge and experience to navigate the system, negotiate with the prosecution, and ensure that your rights are respected.

Remember, getting the right representation can make the difference between a minor inconvenience and a serious setback to your future. And having someone to help you understand the process, prepare for court, and provide a clear defence is invaluable—especially if your case heads to trial.

A Final Word

The holidays are meant to be a time of joy and celebration, but if you or a loved one end up in a tricky situation, remember that you don’t have to face it alone. At FEDOROV Family Lawyers, we’re here to provide the legal advice you need, whether it’s Christmas morning or New Year’s Eve. So, if things go a little off-course, keep calm, call your lawyer, and take each step one at a time.

Here’s wishing you a safe and joyful holiday season—no handcuffs included!