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NSW Alleged False Assault Claim - Police Interview

Discussion in 'Criminal Law Forum' started by LarissaRyan, 28 May 2015.

  1. LarissaRyan

    LarissaRyan Member

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    I'm facing charges for making false claims of assault to police tomorrow. I am going in for an interview where the conversation is recorded and my future is determined by the interviewers in person.

    I don't know what to do in this situation before I go in for an interview which gets recorded for evidence.

    Do I hire a criminal law lawyer to be present? This is my first possible conviction ever.
     
  2. Tim W

    Tim W Lawyer

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    1. Have you already been charged, or are you simply under investigation?

    2. Yes, you should take a lawyer with you.*
      At the very least, consult one before you attend the police station.
      Ideally, this lawyer will be somebody who knows about criminal law, yes.

    3. "Recorded for evidence" probably means that they want you to take part in
      a thing called an "ERISP" - Electronically Recorded Interview of a Suspected Person.
      That's where you and they sit in a room with some AV equipment that records your voice, and your image.
      You get a copy.

    4. In any event, you are not required to answer questions (any one question or all questions).


    --------------------------------------------------------------------------------------
    * Lawyers - Going by what we have here,
    I am not sure that this is an offence where the special caution is relevant,
    if indeed there is an offence at all.
     
  3. LarissaRyan

    LarissaRyan Member

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    I am under investigation. I don't have the funds to have one there with me at this short of notice. I'm not sure where to find a criminal lawyer to speak to about this.
     
  4. Tim W

    Tim W Lawyer

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    Well then think about ringing the police and telling them
    that you won't be attending the police station until you have spoken to a lawyer.

    It's one of the house rules on this board that we can't refer people to individual lawyers,
    nor can we offer to do the work ourselves.
    So, you may find it helpful to search here.
     

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