Arrested - what next?

Have you ever wondered what happens after you're arrested and charged with an offence? 

As police converged on Brisbane's Aboriginal Tent Embassy to shut it down in May this year, it prompted us to look at this question a bit more closely after dozens of individuals where arrested on site. 

Firstly, if you're arrested and charged with an offence you can expect to appear in court. 

Before your court appearance the police may hold you in custody at the watchouse or let you go home if you get bail.  To obtain bail you sign a document promising to go to court on a certain date to face the charges against you.  In other cases you may recieve a Notice to Appear or a Summons to Appear.

Get advice

Whatever the situation it's  a good idea to obtain legal advice because a lawyer can explain what the offence means, help you decide whether to plead guilty or not guilty and explain what your penalty might be and what will happen in court.

"Call ATSILS 24-hour number - 1800 012 255 - to speak to a lawyer."

You should get a copy of your QP 9.  This is a written summary of the police version of why you were charged and what happened.  You can ask for this from the police prosecutor or the court's duty lawyer can read it to you.

Turn up to court

Failing to turn up on the date set for your court appearance could attract a further offence called "failing to appear".  Get legal advice if this happens to you.

Organise to arrive in court early. Arrange to take the whole day off from work or organise child care.  Dress neatly, take all your paperwork, a pen and notepad and a friend or family member can accompany you for support. 

When you arrive at court go to the counter and tell them your name.  Ask for an interpreter if you need one.  Find out the courtroom your case will be in or check the daily law list in the foyer/waiting area.  You can also ask for the duty lawyer if you need legal advice or if you want them to represent you in court. 

If you recieve scratchies in the mail, be aware they may be part of  a scam, warns the Australian Competition and Consumer Commission.

The scam involves a package containing scratchies and legitimate-looking travel brochures arriving in the mail. 

One of the scratchie cards is always a winner, most commonly revealing a second prize win worth $150 thousand dollars. 

When you call the number provided in the package to claim your winnings, you may be asked to pay for fees or taxes using a wire transfer service.

Or, you may be asked to travel overseas to collect your prize.  You may also be asked to provide your bank details and copies or original photo identification.

Protect yourself

Be wary of unsolicited letters, emails or telephone calls offering an unexpected prize or cash win.

Never send money or give out your personal details to people you don’t know or trust.

Get independent advice on the company name on the material to ensure the offer is genuine.

Lastly check with the ACCC by calling 1300 795 995 or by visiting the SCAMwatch website.

Talkin' About Law is a community legal education project aimed at the Aboriginal and Torres Strait Islander community in Queensland and is funded by the Aboriginal and Torres Strait Islander Legal Service.

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