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Should I remain silent?

I was bullied into getting into a car with my cousin who said he was going to scare someone who had upset him. Everything went wrong and now I have been charged with accessory to murder. Should I give my side of the story in an interview? The police say this is my only chance to explain what happened.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 22-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Jo Wilson, Macleod 3085 Vic

  • Most importantly you should not answer any questions until you have had the opportunity to speak with a lawyer and obtain legal advice.
  • You might be advised to invoke your right to silence by answering “no comment” to any questions the police ask you.
  • However if you claim that you were acting under duress (being forced) you might be advised to give your side of the story to support this position at any later trial. 

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