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police search of your property

A Police Search of Your Property – What You Need to Know

By | Criminal Law, General News, Major Criminal Law

The police do not have limitless rights when it comes to searching people or their property.

Laws are in place to protect everyone – including you – from law enforcement officials overstepping their bounds. The following will give you the basics of your rights when it comes to a police search of your property.

The Police Don’t Always Need a Warrant

There are circumstances when the police can enter your home without requiring a warrant. These include –
– Handing over or serve a legal document
– In urgent circumstances, for example, injury to a person
– To investigate a traffic offence, for example, to take a breath test for alcohol
– To catch someone who has escaped from prison or from being arrested
– To search for evidence if they reasonably suspect it may otherwise be hidden or destroyed
– To arrest someone
– To reach a crime scene
– To detain someone under an anti-terrorism ‘preventative detention order’—if they reasonably believe that the person they’re looking for is on your property
But if none of these circumstances applies, and should they not have a warrant, you have a right to refuse entry to the police. All you need to do is clearly state that you do not grant permission for the police to enter your property, and if possible say so in front of a witness. Should the police still insist on entering, or if you disagree with the validity of their claims, contact your lawyer immediately.

Warrants Come with Terms and Conditions

Search warrants do not give the police blanket authority to do anything they want inside your home. The warrant will explain exactly what the police are allowed to do and may include digging up a portion of your property, opening locked items if needs be, searching individuals on the premises, or removing wall or ceiling panels. However, if it is not included on the warrant, then the police are not allowed to do it without additional authorisation. Ask for a copy of the warrant, and contact your lawyer.

The Police Can Only Stay for a ‘Reasonable’ Time

This means, that if the warrant to search your property says that the police can enter your home and arrest an individual, they can only stay for the time required to carry out that activity. It could be said that if the police then sit down and begin questioning the individual, that they have gone past the reasonable allocated time and could be asked to leave. In these circumstances, contact your lawyer and ask their advice.

 

 

caught out drug driving

Drug Driving: Could YOU Be Caught Out 

By | Criminal Law, General News, Major Criminal Law

The number of drivers being charged with drug driving is on the rise.

Queensland Police have carried out a number of ‘blitzes’ and advertising campaigns designed to educate the driving public. Most people are now aware that roadside saliva tests can be carried out by police in the same way as an alcohol breath test. What is less well known is what substances the tests will identify, and what is considered an illicit drug.

1. Saliva Samples Don’t Test for Everything…Yet

At the moment, the saliva sample will test for known active ingredients in certain drugs –

  • Methylamphetamine – Speed or ice
  • MDMA—Active ingredient in ecstasy
  • THC—Active ingredient in cannabis

Of course, this test is always being improved, and it’s unsafe to assume that other drugs won’t be identifiable through a saliva sample in the near future. There may also be other tests introduced to broaden the number of testable substances.

2. Driving Under the Influence of Prescription Drugs

The Queensland Government warns members of the public not to drive under the influence of ANY substance – including some prescription medications.  It’s important to read the warnings associated with your medications and to take them seriously. Importantly, if you are pulled over by the police, and they ask about your prescription medication then do not make any statement that may incriminate you. The police may rely on your admission at a later date.

3. Breath Test Rules Apply to the Saliva Test

The rumour that you are not legally obligated to provide a saliva sample for drug testing is simply not true. In fact, failing to do so will – in all likelihood – make things much worse for you. Failing to provide a sample will result in you being fined and potentially imprisoned. You may also be charged with driving under the influence of drugs, despite no sample being present.

Drug driving charges are serious; in that, they may come with other drugs charges attached, such as possession, or worse.

If you are charged with any drug offence, ask to speak with a lawyer as soon as possible and contact criminal lawyers Gold Coast at Hannay Lawyers HERE.

 

family law disputes

Resolving Family Legal Disputes

By | General News

Family disputes can be emotionally draining and impact on, not only your life but also those of your extended family.

It’s important to realise that entering a formal legal process with your family should be considered a fall-back position rather than a primary option, but it is available to you if all avenues have failed. Here is what you need to know before you begin the process, and as always, we recommend you seek advice from a qualified practitioner who understands family law before taking any action.

Know What You Want

Before stepping into court, you will likely have to go through a dispute resolution process. This will involve formal mediation facilitated by a court-appointed practitioner. Before you begin, you should define, not only what you consider to be a best-case scenario, but also your fall-back position. While this is often difficult to think about, if mediation is successful and you can find a middle ground that everyone considers acceptable, you can move on with your life and perhaps rebuild relationships. Have a clear picture of what you want before starting mediation.

Dispute Resolution Services

As mentioned, before going to court, you will likely be required to undergo a mediation process using dispute resolution services. This will mean meeting with a mediator and other family members and attempting to find a middle ground. It’s important to seek advice before entering into dispute resolution, as you need to know the strength of your argument and, based on that, the strategy you should pursue. Don’t assume that you have a good case which will stand up in court (if you reach that stage) without having a thorough understanding of your legal requirements and obligations.

Dispute resolution and mediation work well if both parties enter into it with a view to finding a middle ground. This is not the time to be overly aggressive, to alienate any family members or to react emotionally if things start to get personal. Keep a cool head, listen carefully to what everyone has to say, and attempt to have a constructive dialogue. The mediator will make sure everyone gets an opportunity to speak, and you may be surprised to find that you and your family are closer to a resolution than you thought. If you cannot reach an agreement, however, you may need to go to court. Before you decide to do so, however, speak to your lawyer and again discuss the merits of your case.

Going to Court

If dispute resolution doesn’t work and you proceed to court, your lawyer will guide you through the process. They will argue the case and your behalf and lay out what they consider to be the best course of action. Your case will form the basis from which a decision will be made, and it’s important to keep in mind that any decision will be legally binding. This matters because the decision will be based on what is dictated by the law, rather than by what is “fair. “The law is designed to be impartial, so what you think you may be entitled to matters less than what is dictated by legal precedent.

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