Criminal Law

Right to Remain Silent

Regardless of what you may or may not have done, it sometimes happens that you suddenly find yourself being taken into custody and accused of committing some offence to which you may or may not know anything about. It happens ... and it can happen to anyone. It only takes one person to point the finger and the authorities to take that finger seriously. Often there is a slither of truth to the accusation which may not be directly revealed to you. But it is that truth that may be used to ensnare you. Your first instinct may be to deny or to try to explain ... but you will be frightened, confused and you won't know exactly what information they have or the context to which it may be used.

In such case remember always that unless and until you are convicted by a Court of law, the general presumption in most cases is that you are innocent until proven guilty. More importantly, know that the caution they give to you of your right to remain silent is an important legal right. If they give you that caution, then know that you have a right to remain silent and do not have to answer any questions or offer any explanation no matter how much pressure is put on you to do so.

Until you see a lawyer who will assist, use that right to remain silent and unless you know exactly what to do, make neither comment to try to defend yourself nor answer any question. In most cases that is the safest thing to do. If you do say something and it can be used against you then in all likelihood, it will be used against you.
We Can Help

Facing a criminal offence in court can be a daunting and devastating experience. Without professional legal advocacy, you could risk your future, your earning-capacity and your freedom. Every case is unique and we are committed to achieving the best outcome for our clients.

We defend cases in all areas of Commonwealth and Northern Territory criminal law, including:

  • Traffic offences (drink driving, speeding, driving dangerously)
  • Drug offences (possess, supply, traffic, import)
  • Violent offences (assault, wounding, DVOs, murder/manslaughter)
  • Sexual offences (rape, indecent assault)
  • Property offences (burglary, robbery, property damage, trespass)
  • Fraud (stealing, forgery and false documents, social security fraud)
  • Crimes with an international dimension (trafficking, money laundering)

When all else has abandoned you or you are alone and facing accusations, you may retain us to stand by you, apply for bail and help you achieve the best outcome.

We are available for urgent bail applications. We will attend to take instructions from you while in custody and apply for bail at the first opportunity including where appropriate after hours by telephone before a Magistrate.

Our firm has a specialist migration agent available to deal with the immigration aspects of a criminal matter. We specialize in civil law practice and will advise you on the family law implications of a criminal matter where relevant.

We provide professional and responsible advice as to your prospects of success, and we will prepare and present your case in court in its best light at all stages of proceedings, including sentencing, committal proceedings, summary hearings and jury trials.


Need to speak to a lawyer urgently?

If you need to speak to a lawyer urgently or want an initial consultation, we offer an online consultation service.


Ground Floor
9-11 Cavenagh Street
Darwin NT 0800
Phone: (08) 8941 8229