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What to expect upon arrest

What to expect upon arrest

Being arrested can be a nerve-wracking experience, especially if it’s never happened to you before.

Generally, you should expect the following but please note that it is important you get advice relative to your circumstances. Get in touch with one of our Criminal Lawyers today, or learn more about how the Craig Caldicott Lawyers team can help you through arrest and bail.

Five things to expect:

1. To be told you are being arrested. This includes what you are being arrested for.

2. For your entire interaction with Police to be recorded on body worn video. (There is no such thing as an ‘off the record’ conversation!)

3. To be read your arrest rights. These are important and you should listen carefully. Arrest rights include your right to call a relative or friend, to legal advice, to an interpreter should you need one, and to apply for bail (among others).

4. To be asked questions by Police and for those questions and answers to be recorded. This recording (called a Record of Interview) can be used against you in criminal proceedings. It is important that you use your right to seek legal advice so you can consider whether you wish to answer questions or not!

5. To either be released on bail (with conditions including to return to Court) or remanded in custody awaiting a Court appearance.

Call (08) 7095 3440 or email us [email protected] to learn more about your rights when being arrested.

Written by Solicitor Emily Cousins
DISCLAIMER: This is information only and should not be construed as legal advice. This information is correct as at 16.01.2026. Always get specific legal advice tailored to your specific circumstances.

Our Team

Meet our team

Craig Caldicott began practising in criminal law in 1979, Emily Cousins in 2014, Taylor Falting in 2018 and Nathan Ramos in 2020. Both Emily and Taylor have worked with Craig and been under his mentorship since the beginning of their careers.

Principal Criminal Lawyer

Craig Caldicott OAM has appeared as counsel and instructing solicitor in many high-profile cases interstate and in South Australia.

Criminal Lawyer

Emily is a highly acclaimed Criminal Lawyer with expertise in complex cases and a reputation as one of South Australia’s top legal minds.

Criminal Lawyer

Taylor specialises in Criminal Law and is admitted to practice in South Australia and Queensland. She also has High Court experience.

Criminal Lawyer

Nathan is a Criminal Lawyer and was admitted to the Supreme Court of South Australia in 2020.