Conditions Of The Protection Order
The order will include conditions preventing the person named in the order from being violent or abusive towards you or your children. The order will usually include some non-contact conditions but you can choose to agree to some contact if you want to. You can even stay living together if that’s what you want.
Non-contact conditions can prevent the person named in the order from:
- coming to your house or onto your property
- trying to stop you, your children or your friends or family from coming or going
- phoning, writing or contacting you in any way unless:
- theres an emergency
- you give them written permission, or
- youre both asked to attend a family group conference.
You can work with your lawyer or the Family Court to decide special conditions, for example, what happens when you pick up or drop off your children.
The person named in the order will probably have to attend a court-appointed stopping violence programme.
Do Not Speak To The Police Without A Lawyer
Talking to the police or with the feds without a lawyer is a big no. It would be best if you dont do that. You have the right to remain silent, so use that to your advantage.
If police went to your house and ask you questions, odds are they dont have strong evidence against you yet. Remember that, the grand jury only has strong evidence against you once you receive a target letter.
So if they want to arrest you, they wouldve done that already. But police cant unless youre proven guilty. They are only trying to get information out of you, which can be used later against you.
Therefore, its better to speak to a lawyer first and seek legal advice.
If No Charges Are Laid
Not all police investigations lead to a person being charged with an offence, but this does not mean you were not believed.
It could mean that the police didn’t have enough evidenceevidenceVarious things presented in court to prove an alleged fact i.e. videos, witness statements.View the full glossary to lay charges. If the police cannot find an offender for the crime or there’s not enough evidence to go to court, the police will contact you to tell you the reasons why.
Its important that you find the right support services for you. You can find a list of support services on the following page:
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What Does Being Released Under Investigation Mean
In 2017, major legislative changes were made restricting the ability of the police to place release suspects on bail. Following interview, most people are now âreleased under investigationâ. This simply means that the police will continue to investigate the allegation but you have no obligation to return to the police station. You simply wait for the police to contact you to inform you about the outcome.
If Unsure Whether You Are Being Investigated Should You Still Contact A Lawyer
If you are unsure you are being investigated, but you are still concerned about the possibility of an investigation, the first thing that you should do is go see a lawyer. It is absolutely the right choice to make. An attorney will be able to tell you not only what the likelihood of an investigation potential charges are, but an attorney will be able to prepare you for the moment that a charge is brought and will be able to give you a sense of what the outcome will be and what steps you will need to take in your case.
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Ipid Investigating Alleged Police Brutality In Western Cape
In the footage shared online, a woman can be heard pleading with the officers to let the man go, but they continue to beat him.
Leave him alone. Stop it. What are you doing? This is police brutality, she says.
The man can be heard saying he had no idea why he was being assaulted as he came to report a missing person.
The sequence of events is unclear.
The Independent Police Investigative Directorate said the incident was brought to its attention on Sunday and is under investigation.
The Fish Hoek community policing forum said on Facebook two of its members had tried to visit the man but were denied access to visit the arrested individual in the cells to establish wellbeing.
Police members on duty refused to take the social media post and video of the incident into evidence, and physically ejected both CPF members from the station. A complaint will be made and we will continue to follow up on the original incident.
Grace Langa, Ipid spokesperson, said: We have asked investigators to take over the case so we are not yet clear .
Ipid will never encourage any brutality against members of the society and also never encourages disrespect of men and women in blue. We need to work together with police to fight crime, said Langa.
Always Be On The Lookout
Pay closer attention to your surroundings. You may notice people following you. Have your telephone box checked. Consider using counter-surveillance devicesthese can detect spying equipment.
If you dont have dogs, think about getting some. They will alert you if someones lurking around your premises. They will also prevent them from breaking into your home and installing bugs.
Ask around. People around you may have heard about an investigation or noticed strange individuals. You can ask some of your friends to stay on the lookout.
Avoid giving out incriminating information online or over the phone. Police may have access to your devices. Be careful of throwing away evidence as well, because they might check your trash.
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How To Know If Police Are Investigating You
Asked by: Abby ErdmanSigns of Being Under Investigation
Benefits Of Contacting An Attorney
If someone suspects that they are being investigated, they will want to make sure that they do everything properly and avoid making any missteps along the way. The best way to accomplish this is by contacting an attorney. Many people are investigated and are accused of things they may not necessarily be involved in. For this reason, it is important to get a criminal defense attorney involved as soon as possible so that they can begin speaking with law enforcement to ensure that the persons rights are protected.
No matter the situation, if a person believes they are being investigated by law enforcement, they absolutely should talk to an attorney.
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Law Enforcement Access To Third Party Records
A set of Criminal Justice Standards on Law Enforcement Access to Third Party Records approved by the ABA House of Delegates in February 2012 appears along with commentary in a publication entitled: ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records, 3d ed. To view individual “black letter” standards, see below.
Copyright by the American Bar Association. This work may be used for non-profit educational and training purposes and legal reform without written permission but with a citation to this source. Some specific Standards can be purchased in book format.
What Happens During The Police Investigation
The police will talk to you and anyone else who knows something about the crime. They may also collect evidenceevidenceVarious things presented in court to prove an alleged fact i.e. videos, witness statements.View the full glossary to help with the case. If the police have enough evidence, they’ll make an arrest and charge the person.
You can also watch the video for an overview of the police investigation.
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Making A Statement To The Police
If you’re the victim or witnesswitnessA person who tells the court about what they have seen, heard or experienced.View the full glossary of a crime and it has been reported to the police, the police officer who has been assigned to the case will ask you to make a detailed statement about what happened.
How To Know If Youre Under Police Investigation
Typically, the easiest way to know that youre being investigated for a crime is that police will contact you to ask questions. The only exception to this will be if its an undercover investigation in which theyre trying to gather evidence without your knowledge. In most circumstances, though, the best way for the authorities to get the information they need is to go directly to the source and see what alibi or information you are able to provide to them.
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What Happens When I Am Arrested
You will be taken as soon as practicable to a police station where a custody officer will be asked to authorise your detention usually for the purpose of questioning in a tape recorded interview. The police will also take your fingerprints and a sample of DNA using a mouth swab. You will also be asked a number of personal questions which are designed to assist the police in understanding whether you have any medical problems or special needs they should know about whilst you are in custody.
How The Police Decide Whether To Lay Charges
In deciding whether to charge the person, the police will consider your views and whether or not there is sufficient evidenceVarious things presented in court to prove an alleged fact i.e. videos, witnessView the full glossary to prove the case in court.
But if a serious offence like assault or family violence has occurred, the police can decide to lay charges even if you dont want them to.
After the police make an arrest they might:
- summons the defendant to appear at court at a later date
- arrest the defendant and release them on bailbailWhen police release someone who’s charged with a crime on the condition that they attend future court hearings.View the full glossary to appear at court at a later date
- keep the defendant in custody and then bring them to court on next available court date
- give the defendant a Pre-Charge Warning, which is a formal warning given after an arrest for a minor offence and doesn’t result in a prosecution.
The police will tell you if they charge someone and what the charges are.
If the police cannot find an offenderoffenderPerson convicted of a crime .View the full glossary for the crime or there is not enough evidence to go to court, the police will contact you to tell you the reasons why.
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Am I Entitled To Legal Advice Whilst At The Police Station
Yes you are. The police will ask you whether you want to have legal advice whilst the police station. If you do not know a solicitor to contact, there is always a duty solicitor available who you can speak to free of charge. In some instances, for example before giving an evidential breath sample, your right to legal advice can be lawfully delayed.
Are Police Allowed To Lie To You And Vice Versa
On a state matter, police are permitted to lie to get information from you. One of the oldest tricks in the book is they arrest your friend and tell you they just confessed and said you did it, to which you may reply that you didnt do it, that you just drove the car, and right there, they have what they need.
However, while police can lie, you cant because, even if youre not criminally prosecuted for the crime, they can prosecute you for lying. For example, in a federal investigation, they never have anything to convict Olympic sprinter Marion Jones with, when it came to her use of illegal performance-enhancing drugs, but they were able to prove she lied about using them, and she went to federal prison for five years for nothing more than lying to police.
A second way lying to police can hurt is because everything you say can and will be used against you in a court of law. You dont have to speak at the trial, but if you assert the right not to speak, the only thing the jury may hear is that you lied, which means theyll have a credibility issue to believe the police, who are just doing their job, or you, who is the person who is on record lying on police reports and video surveillance?
Youre Not Obliged To Meet With A Police
When you receive a letter or an invitation from the police asking you to come over and talk, you can decline it if you want to. You are not obliged to meet with the police unless you receive a target letter.
You can talk to a lawyer first before talking to the police and cooperate with their investigation. Again, anything you say can be used against you, so its better to remain silent first.
These are a few things to keep in mind on how to tell if the police are investigating you. The main important thing here is that its better to speak to a lawyer first before you do anything else.
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Contacting A Defense Attorney In Tallahassee Florida
If youve noticed any of the common signs listed above, you may be under investigation by the Florida police. If that is the case, there is no need to panic. Your next step should be reaching out to a criminal defense attorney in your area to start building a defense for your case.
Don Pumphrey and his legal team at Pumphrey Law Firm have experience representing clients all over the state of Florida. Not only can they help you figure out if you are currently being investigated, but can also provide help with navigating the legal system. If you or a loved one believe you are being investigated for a crime, dont hesitate. Call or leave an online message today for a free consultation.
Don Pumphrey, Jr.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.
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Three Men Shot And Killed In Western Cape
South African Police Service spokesperson Brigadier Novela Potelwa said Organised Crime detectives have been tasked with the investigation.
Mbekweni police members were summoned to Sakhelwe Street at approximately 5:10 on Sunday. The dead bodies of the men were riddled with gunshot wounds.
One body was lying inside the vehicle, another behind the same vehicle and the third one inside a shack on the premises, said the police spokesperson.
The men are aged 30, 33 and 40. Their identities will be released to the public once their families have been notified of the tragic incident.
Members of the public with information that could assist the investigation are encouraged to contact the Crime Stop hotline at 08600-10111 or use the My SAPS app.
In May, after two mass shootings in Khayelitsha and Manenberg, the Western Cape government launched a safety dashboard it said would help ensure a data-led and evidence-based allocation of law enforcement resources.
As previously reported, Premier Alan Winde said the launch of the first-of-a-kind safety dashboard is necessitated by a concerning increase in violent and gun-related crime in the Western Cape.
Red Flags That You May Be Under Investigation
The most obvious red flag that you are being investigated for a crime is when the police contact you and ask you, Will you come in and make a statement. If the police contact you and asked you to voluntarily come in to the police station and give them a statement that they gives a pretty solid indication that they are investigating you for a crime. They may not tell you that you are being investigated for a crime or they may specifically say that you are not being investigated for a crime, but that doesnt necessarily make it true. If the police contact you and want you to make a statement, assume that you are being investigated for a crime and contact a lawyer right away.
There may be a red flag that you are being investigated for a crime if you repeatedly see the police driving by your house or you find out that they have been asking your friends or your family for information about you. If any of those cases or any of those situations come up then contact a lawyer for advice right away. Never wait to contact a lawyer until after you have already made statements to the police. Before speaking to anyone, before speaking to your family about the situation, before speaking to friends and definitely before speaking to the police, contact a lawyer.
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