We act in your best interests to make sure you get the best result possible!
NORTHERN OFFICE:- 20 Ann Street, Salisbury SA 5108
WESTERN OFFICE:- 166-168 Grange Road, Flinders Park SA 5025
Pascale Legal Barristers and Solicitors is a law firmwith offices in Salisbury and Flinders Parkthat services all areas, courts and clients.
We practice in a number of fields such as:- Criminal Law, Traffic Law, Motor Vehicle Accident Claims, Family Law, Wills, Estates and Civil Litigation.
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THINGS TO KNOW ABOUT CRIMINAL LAW
There are 4 principles of criminal law. - A defendant is Innocent until proven guilty, Prosecution must prove their case beyond a reasonable doubt, a person has a right to remain silent & the rule of double jeopardy.
Frequently Asked Questions
When should I draft a Powers of Attorney and Guardianship?
A person may, due to illness or an accident, lose the ability to make decisions. Loss of mental capacity can also mean the inability to communicate personal wishes to anyone else. When this occurs, a family member is usually able to step in and make those decisions on an informal basis.
Many people, however, wish to plan ahead. To ensure that their wishes are followed as closely as possible in the future, should they lose capacity and there are no informal arrangements, they legally appoint a person or persons to make their personal, medical or financial decisions. These legal arrangements are called Advance Directives (also referred to as ‘living wills’) and must be made before mental capacity is lost.
SHOULD I HAVE A WILL?
Any person (married or single) over the age of 18 and who has the mental capacity to understand what is being done should make a will. Making a valid will is the only way people can be sure that their property is distributed according to their wishes after their death.
WHEN CAN POLICE UNDERTAKE AN ARREST?
The police CAN arrest anyone suspected of committing an offence. The police do not need a warrant to arrest you. The police must make it clear to you that you are under arrest. If you are unsure, ask the police if you are under arrest or you have to go with them.
Police may use as much force as is reasonably necessary to arrest a person including using handcuffs or restraints. It is an offence to resist a lawful arrest.
WHAT POWERS DO POLICE HAVE TO UNDERTAKE AN ARREST?
Even before an arrest has been made, the police may, without a warrant, search a person or a car if they have reason to suspect the person holds, or the car contains evidence of a crime, for example, illegal drugs or a weapon.
Police holding a search warrant have wider powers to search and enter premises and vehicles. To obtain evidence of an offence, police can, in some cases, break into a house or a car.
WHAT TO DO IF YOU ARE BEING QUESTIONED BY POLICE
· Be polite and stay calm.
· You MUST tell police your name and address. It is an offence to give an incorrect name and address or to give false information to the police.
· You have the right to remain silent, but anything you say may be taken down and used as evidence.