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Wrongly Detained, Refused to Provide ID - What are My Rights?

Discussion in 'Criminal Law Forum' started by john90, 12 July 2014.

  1. john90

    john90 Member

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    I was detained by police and kept in jail overnight when police asked me for an ID and I said "what are my rights?". I was in town. I was under the influence of alcohol outside a club at the time.

    I received a letter stating that I had "refused" to provide my ID, which is incorrect as I just asked the officer what my rights were in that situation. I have to go to court soon and am going to hire a lawyer. Just wondering what my grounds are.
     
  2. Tim W

    Tim W Lawyer

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    What have you actually been charged with?
    And in which state?
     
  3. Toqual

    Toqual Well-Known Member

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    ^^
     
  4. john90

    john90 Member

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    I have been charged with refusal to provide id to a police officer. In Western Australia.
     
  5. Tim W

    Tim W Lawyer

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    Well, none of us were on the scene there with you, so we can't really answer that.
    But your decision to engage a lawyer is a good decision.
     
  6. john90

    john90 Member

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    I have witnesses who can provide written statements supporting the fact that i never said "no i will not provide my id". I simply asked for my rights and the officer proceeded to forcefully put me in the paddy wagon in which i complied and once i got to the police station i complied with everything they asked such as providing id and fingerprints. Does all of this help my cause?
     
  7. Toqual

    Toqual Well-Known Member

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    @john90 I strongly suggest you obtain a lawyer who will then assist you in preparing witness statements for the court which will benefit your case.
     
  8. John R

    John R Well-Known Member

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