Perth Criminal & Traffic Lawyers
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FAQs

Frequently Asked Questions

 

Do I have to answer police questioning?

No, you have the right to silence. You only need to give the police your name, telephone number and address details.


What is a spent conviction?

A spent conviction means that you may not have to tell certain persons or employers that you were convicted of an offence and it may not appear on certain Police Clearances.


Can you be charged if you don't tell Centrelink your circumstances have changed?

Yes, if you don’t notify Centrelink about changes in your circumstances and you are overpaid benefits you could face serious federal fraud charges.


I was convicted of some serious offences ten years ago. Can I have them removed from my record?

Yes, in certain circumstances you may apply to wipe your old convictions from your record.

Am I able to apply to get my licence back after being disqualified for life?

Yes. If you have been disqualified from driving for life, you may be able to get your driver’s licence back.


Do I have to submit to a search?

If you have been arrested the police are allowed to search you and take a DNA sample.


What are the proceeds of crime?

Proceeds of crime are any assets that have been acquired unlawfully from crime related activity.


 What is an Extraordinary Driver's Licence? (EDL)

An Extraordinary Driver’s Licence allows someone who has been disqualified from driving to drive in certain specified circumstances.


When can police search my house without a warrant?

If the owner, occupier or operator consents; If they enter to make an arrest; If they have arrested you or another occupant for an offence; If they have reasonable suspicion a crime is being committed or has been committed; If they suspect terror-related activities.


I have been served with a Freezing Notice what do I do?

Get legal advice as soon as possible. If you do not follow the necessary steps under the legislation, then your property may be automatically confiscated without giving you the opportunity to defend the matter.


Can I get charged if I breach a Violence Restraining Order?

Yes, if a person who is bound by a VRO breaches it then he/she may be charged with the criminal offence of breaching a violence restraining order. Under the current law a breach of a VRO can result in imprisonment for up to 2 years.  Under proposed new legislation this might increase.


Can’t find the answers you are looking for?

Get in touch, we can answer all of your questions

Tel: (08) 9322 2233
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