Legal Expertise
Pre-Charge Services
What Should I Do if Police Want to Question Me?
If police have contacted you – whether by phone, letter, or in person – the decisions you make in the coming hours matter enormously. This is the pre-charge phase: the period before any formal charge is laid, and often the stage at which the outcome of an investigation is shaped. What you say, and how you say it, can have lasting consequences.
At Slades & Parsons, we engage at the earliest possible stage to protect your position. Before you participate in any interview, we will meet with you, assess the scope of the investigation, and advise you on the right strategy. Where appropriate, a lawyer will attend the police interview with you. We also engage directly with investigators and explore whether alternative pathways exist that may, in some circumstances, assist in avoiding charges being laid.
Early intervention has, in some of the cases we have handled in Victoria, assisted in achieving better outcomes – though results depend entirely on the facts of each matter. If you have been contacted by police or believe you are under investigation, call us now on (03) 9602 3000. The earlier you act, the more options you have.
Your Rights Before Any Charge Is Laid
TBCIn Victoria, the right to silence is a fundamental protection available to anyone under investigation. Under the Evidence Act 2008 (Vic), there are general limitations on drawing adverse inferences from a suspect’s silence – though this protection is not absolute, statutory exceptions apply in certain contexts, and a lawyer can advise you on exactly where you stand.
What is important to understand is that police may frame an interview as informal – “we just want to hear your side” – but a record of interview is a formal process, and what is said in it is subject to admissibility rules that may allow it to be used as evidence in subsequent Victorian court proceedings.
In Victoria specifically, you are generally not obliged to answer police questions, though certain obligations do remain – for example, providing identifying details in particular circumstances under Victorian law. This is not a universal rule across all Australian jurisdictions. What you are, and are not, required to do depends on the specific situation you are in. That is precisely the distinction a criminal lawyer can clarify before you make any decision about engaging with police.
How We Assist Before Charges Are Filed
Our pre-charge work is strategic and begins well before any interview takes place. When you contact us, we will:
- Meet with you to understand the full circumstances before advising on any course of action
- Engage directly with investigators to ascertain the scope and focus of the investigation against you
- Advise you on whether and how to participate in a record of interview, including the risks of participating or declining
- Attend the police interview with you, providing support and advice within the proper role of a solicitor throughout the process
- Identify whether alternative pathways exist that may, in some circumstances, assist in resolving the matter without an interview or charges being laid
- Advise on the engagement of private investigators where this is a strategic and appropriate step, obtaining quotations from suitable professionals on your behalf
Our aim is to protect your position from the earliest opportunity, preserve your options, and – where the circumstances allow – reduce the risk of charges being laid.
Pre-Charge Advice From Melbourne's Criminal Law Specialists
Slades & Parsons has practised exclusively in criminal law for over 35 years. Our team is led by Accredited Criminal Law Specialists – a designation held by only a small number of lawyers in Victoria – and our lawyers appear regularly across the Victorian Magistrates’, County, and Supreme Courts.
Our depth of experience across serious and complex criminal matters means we understand how investigations unfold, how investigators approach their work, and how early legal involvement can change the trajectory of a case. We have represented clients in matters involving serious violence, drug investigations, fraud, and other high-profile cases requiring particular care and discretion.
Confidentiality is central to everything we do. Many clients who seek pre-charge advice are professionals or individuals for whom the existence of an investigation carries significant personal and reputational consequences – before any charge is ever formally laid. We treat every pre-charge matter with the seriousness it demands.
When to Contact a Pre-Charge Lawyer in Victoria
You should contact Slades & Parsons immediately if any of the following apply:
- Police have called, written to, or attended your home or workplace in Victoria
- You have been asked to attend a police station for a record of interview
- You believe you may be under investigation for any criminal matter
- You have been told you are a suspect or a person of interest
- You have been arrested but not yet formally charged
- You are a registered professional – for example, a health practitioner regulated by AHPRA, or a person subject to a Working with Children Check under the Worker Screening Act 2020 (Vic) – where certain charges may, depending on the offence type, profession, and applicable statutory threshold, trigger notification obligations or regulatory conditions. Not every charge triggers a consequence, and thresholds differ significantly by profession and regulator
The pre-charge window is finite. The earlier a lawyer is involved, the greater the opportunity to understand the investigation, advise on your position, and pursue options that may no longer be available once the charging process has begun. Do not wait.
FAQs
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In most circumstances, if you have been asked to attend voluntarily, you are not legally required to participate in Victoria. If you have been arrested, you retain the right to silence under Victorian law, though in some contexts specific obligations may still apply. Before agreeing to any interview – voluntary or otherwise – you should speak with a criminal lawyer who can advise you on your specific situation.
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A record of interview (ROI) is a formal, recorded question-and-answer session between police and a person under investigation. Subject to admissibility rules, its contents may be used as evidence in subsequent Victorian court proceedings. Because participation carries significant legal risk, the decision about whether – and how – to engage must be made only after obtaining proper legal advice.
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In some circumstances, early legal intervention may assist. By engaging with investigators at the pre-charge stage, understanding the direction of the case, and exploring alternative pathways, a lawyer can sometimes assist in changing the outcome – though this depends entirely on the specific facts and is not guaranteed. It is a possibility that is simply not available to those who wait – but it is never a guaranteed outcome, and the right approach depends entirely on the specific facts of your matter.
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Potentially, yes. For professionals regulated by bodies such as AHPRA, or those subject to a Working with Children Check under the Worker Screening Act 2020 (Vic), certain charges may trigger notification obligations or regulatory consequences depending on the offence type, profession, and applicable statutory threshold. Not every charge triggers a consequence, and this can include interim conditions on registration rather than automatic suspension. Engaging a lawyer early allows you to understand those risks and take steps to manage them.
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Immediately – and before responding to any police request. Police investigations move quickly, and the pre-charge window is finite. Slades & Parsons has a 24-hour emergency advice line for exactly these situations. Call (03) 9602 3000 as soon as police make contact, and before you agree to anything.
Chat To Our Team of Experts
Melbourne Office
Level 1,
224 Queen St,
Melbourne,
Victoria, 3000
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