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

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john90

Member
12 July 2014
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0
1
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.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
What have you actually been charged with?
And in which state?
 

Toqual

Well-Known Member
10 July 2014
130
9
414
^^
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,226
748
2,894
Sydney
Just wondering what my grounds are.
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.
 

john90

Member
12 July 2014
3
0
1
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.
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?
 

Toqual

Well-Known Member
10 July 2014
130
9
414
@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.