VIC Criminal Damage and Assault - What to Say in Police Interview?

[Weitbug]

Hey, just after some advice as in what to say in my police interview.

My ex girlfriend is charging me for spitting on her 4 times and kicking in her windscreen while in the car with her there was no witnesses, but I'm not sure what would be the best thing to say in the interview would possibly just a no comment interview be the best option?

And what are my rights, as the police haven't yet came to my house to charge me yet but my ex told me she did charge me?

 

[Sarah J]

Hi Weitbug,

Just to clarify, your ex-girlfriend cannot charge you. She can file a report but ultimately, it is the police's decision whether they wish to charge you and initiate criminal action or not. This decision will depend on a number of factors, including how much they believe your ex-girlfriend's statements and what evidence they have against you. Don't worry too much before you've even been charged by the police.

If you are charged and the police call you in for an interview, remember that you have a right to silence. Which means, you need to respond to police questions. You also have a right to claim privilege against self-incrimination, as well as a right to have a lawyer present in the interview to ensure that no misconduct or improper questioning takes place. Be aware of these rights during the interview.

If you do decide to answer any of the police's questions, then know that anything you say and do can be admitted as evidence in court later on against you. Don't lie to the police and keep your information consistent. You can request to contact a lawyer at any time. In fact, if you are concerned, you can approach your local community legal centre for some preliminary advice on your rights. You can also read:

• Victoria Legal Aid - Being Questioned
• Victoria Legal Aid - Police Powers in Victoria