The Festive Season and Crime
The festive season is a time of joy and celebration, but it’s also important to be aware of potential legal issues that may arise during this period. Christmas and New Year are known for being peak times for police activity and, consequently, criminal charges.
There’s no denying that an increase in PCA and DUI cases is observed during the festive season. Christmas and New Year also see a rise in alcohol-related offenses as well as smaller drug offenses. With many people away from home during the holidays, property crimes are also known to increase.
In this article, TDP’s Special Counsel and head of our criminal law team, Nick Fagan, shares valuable insights into navigating criminal law matters during the holidays.
The Importance of Legal Representation in NSW Criminal Cases
Facing criminal charges in NSW can be overwhelming and confusing. Seeking legal advice and representation is crucial for understanding your rights, exploring potential defences and navigating the complex legal system. In doing so, you can minimise the potential consequences associated with a conviction.
Tonkin Drysdale Partners are experienced legal professionals, ready to stand by your side and fight for the best possible outcome. We believe everyone deserves access to high-quality legal representation, regardless of the circumstances.
So, what happens if police arrest you over this time?
Expect the NSW Police to be active during the festive season. Unlike holiday schedules, law enforcement doesn’t take a break, so expect to see officers out in full force throughout the silly season. If you’re arrested, you’ll likely be taken to the nearest police station for processing.
After processing, the police will determine whether to release you on police bail until your court date. This means you’re free to go but must comply with specific conditions, such as appearing in court when required. If police bail isn’t granted, you’ll be held in custody and appear before a magistrate in court to determine your official bail status.
What steps should you take after an arrest?
If you or someone you know has been arrested on criminal charges in New South Wales, it’s important to take immediate and appropriate steps to protect your rights. Here’s a general guide on what to do:
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Stay Calm and Cooperate
It’s natural to feel anxious but try to stay calm. Cooperate with law enforcement officers, avoid arguing and do not resist arrest. Resistance can escalate the situation and lead to additional charges.
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Gather Information
Record the details of your arrest, such as the names and badge numbers of the officers, the reason for arrest and any witnesses present. This information may be useful later. If possible, also record details of events leading up to and after the arrest. This information can be crucial for your defence.
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Seek Help
Politely request legal representation early on. This is your legal right, and having a lawyer present is crucial to ensure your rights are protected. If you haven’t already done so, you have the right to request the assistance of the Legal Aid NSW duty solicitor. They can provide initial legal advice and representation.
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Protect Your Rights
In Australia, you have the right to remain silent. You are not obligated to answer any questions posed by law enforcement officers, except for your name and address. Avoid incriminating yourself and do not consent to searches without legal advice.
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Say No to Statements without Your Lawyer Present
Do not make any statements to law enforcement or anyone else without the presence of your lawyer. Statements made without legal advice can be used against you in court.
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Bail Process
If you are eligible for bail, cooperate with the process. Follow the instructions given by law enforcement and contact a lawyer as soon as possible to assist with the bail application.
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Keep Family Informed
Inform a trusted friend or family member about your situation. They can provide support and help coordinate legal assistance.
Remember, these steps provide general guidance. It’s crucial to consult with a qualified criminal defence lawyer who can provide advice tailored to your specific situation. We at Tonkin Drysdale Partners can guide you through the legal process, protect your rights and work toward the best possible outcome for your case.
While we hope this festive season brings joy and positivity for everyone, we also understand that unexpected situations can arise. Should you find yourself facing a legal matter during the holidays, the team at Tonkin Drysdale Partners is available to assist. For legal advice or representation, please don’t hesitate to contact Nick on 0412 522 217.
About Nick
In March 2023, Nick returned to Tonkin Drysdale Partners as Special Counsel after spending two years as a Solicitor at the Office of the Director of Public Prosecutions (ODPP).
Previously, Nick worked at TDP for over three years almost exclusively in the areas of criminal and family law. Combining his experience on both sides of the bar table, Nick is considered one of the leading criminal law solicitors on the Central Coast with a strong reputation for acting in complex criminal matters.
At the ODPP, Nick prosecuted some of the most serious criminal offences in NSW, including murder, manslaughter, sexual assault, and large-scale drug supply. Nick regularly appears in Local, District and Supreme Courts throughout NSW for defended summary hearings, sentences, conviction and severity appeals, fitness hearings and jury trials.
Nick is now the head of our Criminal Law Team, and prides himself on providing clear, frank legal advice. He is also a member of the Legal Aid NSW Indictable Criminal Law Panel.
