If you or a loved one has been arrested or asked to attend a police interview, it is critical that you obtain legal advice immediately. What you say in a police interview can significantly impact whether you are charged and how your case proceeds.
Our Melbourne criminal defence lawyers provide urgent advice and representation for people dealing with Victoria Police investigations and interviews.
If you require immediate assistance, contact our office on 03 9670 8771. Our phone line is monitored at all times and will connect you directly with a lawyer.
Get Legal Advice Before Speaking to Police
If you believe police may want to speak with you about a criminal allegation, it is important to seek legal advice before they contact you or request an interview.
Early advice allows you to understand your rights and prepare properly before any interaction with police.
Available for urgent matters. We provide confidential advice.
Pre-Interview Advice from an Experienced Criminal Lawyer
If you believe police may want to speak with you about a criminal allegation, it is important to seek legal advice before they contact you or request an interview.
Our firm regularly provides pre-interview advice for police investigations in Melbourne and throughout Victoria. Early legal advice allows you to understand your rights and prepare for any interaction with police.
When providing pre-interview advice, our lawyers will:
Take Detailed Instructions
We will meet with you and obtain a full account of the circumstances surrounding the allegation so we can properly assess your situation.
Explain the Police Interview Process
We will guide you through how Victoria Police interviews are conducted, what to expect, and how police questioning typically unfolds.
Advise Whether to Participate in an Interview
Based on your instructions and the available information, we will advise whether it is in your interests to:
- participate in a recorded police interview, or
- exercise your right to remain silent and provide a “no comment” interview.
Deciding whether to answer police questions or remain silent is a critical forensic decision. You should always seek advice from an experienced criminal defence lawyer before participating in any police interview.
Why urgent legal advice matters.
In criminal matters, timing is critical. Seeking early legal advice can help protect your rights during police investigations, influence whether you are charged, improve bail outcomes, strengthen your defence strategy, and prevent avoidable mistakes. If you are unsure what to do next, it is always safer to seek legal advice immediately.
What Happens During a Police Interview?
Sometimes arrests and interviews happen quickly and there may be little time to prepare. If police attend your home or arrest you, the following information may help you understand the process.
Police Interactions Are Usually Recorded
From the moment police attend your home or interact with you, the encounter may be recorded.
Uniformed officers are generally required to activate body-worn cameras when making an arrest. This means that conversations and interactions may later be used as evidence.
For this reason, it is important to be mindful of what you say when police first arrive.
Police Must Inform You of Your Rights
Before questioning you, police must confirm your identity and inform you that you are under arrest.
Once arrested, you are in police custody.
Police must also inform you that:
- you have the right to remain silent, and
- anything you say may be used as evidence.
This means statements you make can be relied upon both in support of your defence and by the prosecution.
Field Interviews vs Police Station Interviews
Police interviews may occur in different settings depending on the circumstances.
Field Interviews
Sometimes police will question a person at the scene, such as during the execution of a search warrant at their home.
These interactions are often recorded and may occur before the person has had an opportunity to obtain legal advice.
Police sometimes favour this approach because a person may be caught off guard and more likely to make admissions.
Police Station Interviews
If you are taken to a police station, you will typically be placed in an interview room.
Two police officers will activate the video recording equipment, read you your rights again, and begin the formal interview.
After the interview concludes, police will decide whether to:
- lay criminal charges
- release you on bail
- issue a summons to attend court, or
- apply to have you remanded in custody
How Long Can Police Hold You?
Unlike some other jurisdictions, Victoria does not have a strict maximum time limit for how long police may detain a person before or after an interview.
Police are only permitted to hold a person for a reasonable period of time.
After that time, they must either:
- release the person, or
- bring them before a court.
Contacting a Friend or Relative
If you are in police custody, you have the right to contact a friend or relative to inform them of your situation.
When speaking with them, it is helpful to provide the following information:
- the name and location of the police station where you are being held
- the name of the arresting officer and their Victoria Police Number (VPN)
- your full name, date of birth and address
- the allegations leading to your arrest
You should also ask them to contact a criminal defence lawyer on your behalf so legal advice can be provided as soon as possible.
Speak With a Criminal Lawyer Before a Police Interview
You are entitled to speak with a lawyer privately before any interview begins.
During this time, your lawyer may:
- Speak with investigating police
- Obtain details of allegations
- Advise on interview strategy
Depending on the circumstances, your lawyer may advise:
- A prepared response interview, or
- A “no comment” interview
Every case is different, and the right strategy depends on the evidence and your instructions.
Speak with Experienced Melbourne Criminal Lawyers
If you have been arrested or contacted by Victoria Police, it is essential that you obtain legal advice as soon as possible. Our Melbourne criminal lawyers regularly assist clients with police interviews, arrests and search warrants, bail applications, and criminal charges in the Magistrates’ Court, County Court, and Supreme Court.
You don’t have to face this alone – call 03 9670 8771 now.
Criminal matters can be overwhelming – but early legal advice ensures you are not navigating the process without support.