VIC Accused of Theft - What are My Options?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Danele

Active Member
16 May 2016
5
0
31
I have been rightly accused of theft in the amount of under $20k. I have been contacted by the police and want to know want the next steps are and my options.

Thank you
 

Gorodetsky

Well-Known Member
21 February 2016
146
35
519
Hi Danele,

I suggest you try to get a solicitor. And don't give a police interview.

Try Legal Aid.

Regards,
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
BTW, if VIC police call you in for an interview, chances are good that they will arrest you first at the station and then question you on videotape.

Agree, that you should not talk to the police. Bad idea, do not do it. Name and address is all you say, maybe proof of ID. And get a lawyer ASAP. Will cost a couple of $K to get started. If a first-time offender, ask your lawyer about the Vic diversion program.
 

Danele

Active Member
16 May 2016
5
0
31
What is stopping them from coming to my home and arresting me, which was told to me that that would happen? I don't get it? How can I avoid the police?
 

Ponala

Well-Known Member
10 February 2015
212
21
654
Nothing stopping them from coming to your house to arrest you. It's up to you what you do, but it appears they want to interview you and have given you the option of going into the station to be interviewed, of which you will be arrested first when you arrive as a formality. If you don't go in ,then expect them at your home or work to come arrest you. Of course, after you are arrested and are being interviewed you are not required to answer the questions put to you.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
And after arrest they'll either decide to release you (likely if you have no priors) while they prepare their paperwork for later charging you (could take anywhere from a week to months), or offer you bail or place you in remand (unlikely unless you've skipped bail before) and you need to seek bail to get out.
 

Danele

Active Member
16 May 2016
5
0
31
Thank you, Rod.

Would I be better off going to the station on my own accord to avoid police attending my home in front of my children?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
I'm hesitant to say which option is better because it does depend on the facts and your personality (ie how well you handle stress). If you intend engaging a lawyer, best speaking with that lawyer first.

Remember experienced police are good at 'reading' people and may be able to get you to say things you shouldn't necessarily be saying in an interview. If they can twist a meaning to their advantage, they will. They may even lie to you to get you to admit to something.