What to Do If You’re Arrested in Parramatta – Criminal Lawyer’s 2026 Guide

Introduction – Understanding Your Situation

Being arrested in Parramatta is a stressful and frightening experience. Whether you’re arrested by NSW Police on George Street, at Parramatta Station, Westfield Parramatta, or anywhere in the Parramatta CBD, the hours immediately following your arrest are critical to the outcome of your case.

The decisions you make in the next few hours can determine whether you spend tonight in custody or at home, whether charges are laid or dropped, and whether you end up with a criminal conviction that affects your employment, travel, and future for years to come.

As a criminal defence lawyer practicing in Parramatta for over 15 years, with an office just 5 minutes walk from Parramatta Local Court, I’ve represented hundreds of clients arrested at Parramatta Police Station. This guide explains exactly what happens, your legal rights, and the critical steps you must take to protect yourself.

Your Legal Rights When Arrested in NSW

When NSW Police arrest you in Parramatta, you have important legal rights under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW):

1. Right to Silence

You have the right to remain silent. This is your most important protection. You do NOT have to answer any questions except to provide your name and address. Under section 201 LEPRA, you must provide:

• Your full name
• Your residential address
• Your date of birth (if asked)

That’s it. You do NOT have to:

• Explain where you were or what you were doing
• Answer questions about alleged offences
• Provide a statement or participate in a police interview
• Admit to anything

2. Right to Contact a Lawyer

You have the right to contact a lawyer before any police interview. Police must facilitate this contact if you request it. At Parramatta Police Station, you can:

• Request to call your own lawyer (call us: 0474 708 070)
• Request the on-call Legal Aid lawyer
• Have a lawyer attend the station before any interview

Critical: Police may pressure you to “just have a quick chat” before calling a lawyer. Refuse. Insist on speaking to a lawyer first. They cannot force you to be interviewed without legal representation.

3. Right to Contact a Friend or Relative

You can request to contact a friend or family member to inform them of your arrest and location. Police must allow this unless they have reasonable grounds to refuse (rare).

4. Right to an Interpreter

If English is not your first language, you have the right to an interpreter during any police interview. Never proceed with an interview in a language you’re not completely fluent in.

5. Right to Medical Attention

If you’re injured, unwell, or need medication, you have the right to medical attention. Request this immediately if needed.

Critical Mistakes to Avoid

These are the most common mistakes people make after being arrested in Parramatta that destroy their cases:

Mistake #1: Speaking to Police Without a Lawyer

This is the #1 mistake. In over 15 years of practice, I’ve seen countless cases where clients have:

• Admitted to offences they didn’t commit under pressure
• Made statements that contradict their defence
• Provided information that gives police grounds to charge them
• Said things that seem innocent but are used against them in court

Example: Client arrested for common assault at a Parramatta pub. Without a lawyer, he tried to explain he was acting in self-defence. He inadvertently admitted to striking the other person first, destroying his self-defence argument. The case was unwinnable after that interview.

Rule: Say NOTHING except “I want to speak to a lawyer. I’m exercising my right to silence.”

Mistake #2: Trying to “Talk Your Way Out of It”

Many people believe if they just explain what happened, police will understand and let them go. This never works. By the time police arrest you, they’ve already decided to charge you. Your explanation will only provide them with evidence.

Mistake #3: Agreeing to Searches Without a Warrant

Police may ask to search your phone, car, or home. Unless they have a search warrant, you can refuse. Common scenarios:

• Phone: “Can we look at your phone?” → “No, I don’t consent to a search.”
• Car: “Mind if we check your car?” → “No, I don’t consent to a search.”
• Home: “Can we come inside and have a look around?” → “No, I don’t consent. Do you have a warrant?”

If they have a warrant, they’ll search anyway. If they don’t, and you consent, anything they find can be used against you. Never consent to searches.

Mistake #4: Lying to Police

If you do speak to police (against legal advice), never lie. Lying to police can be a separate offence and destroys your credibility in court. Better to say nothing than to lie.

Mistake #5: Resisting Arrest or Being Aggressive

Resisting arrest, even passively, is a separate criminal offence carrying up to 12 months imprisonment. It also gives police justification to use force. Even if the arrest is unlawful, do NOT physically resist. Comply, then challenge the arrest legality through a lawyer later.

Being verbally aggressive or abusive can result in additional charges like offensive language or offensive conduct.

What Happens at Parramatta Police Station

Once arrested in Parramatta, you’ll be taken to Parramatta Police Station (cnr George Street & Marsden Street, Parramatta). Here’s the typical process:

Step 1: Custody Manager Processing (15-30 minutes)

You’ll be processed by the custody manager who will:

• Record your personal details (name, address, date of birth)
• Take your photograph
• Take your fingerprints
• Search you and seize your property (phone, wallet, keys, etc.)
• Provide a property receipt
• Ask if you need medical attention
• Explain the reason for your arrest

What to do: Provide your name and address only. Do not answer any other questions. Request to call a lawyer immediately.

Step 2: Cell Holding (Duration Varies)

You’ll be placed in a holding cell while police:

• Investigate the alleged offence
• Gather evidence
• Interview witnesses
• Prepare interview questions
• Decide whether to charge you

This can take anywhere from 1 hour to 6+ hours depending on the complexity of the case and how busy police are.

Step 3: Police Interview Request

Police will come to your cell and ask if you’ll participate in a recorded police interview (ERISP – Electronically Recorded Interview with Suspected Persons).

Your response should be: “I want to speak to a lawyer before any interview. I’m exercising my right to silence.”

They may say:

• “It’ll look better if you cooperate” → Ignore this
• “We just want to hear your side” → Don’t fall for it
• “A lawyer will just tell you not to talk” → Exactly. Call the lawyer.

Step 4: Legal Advice (If Requested)

If you’ve called a lawyer (call us: 0474 708 070), we will:

• Attend Parramatta Police Station (we’re 5 minutes away)
• Speak to police to understand the allegations
• Review any evidence police disclose
• Provide confidential legal advice in a private consultation room
• Advise whether you should participate in an interview
• Attend the interview with you if recommended

In 95% of cases, we advise clients to exercise their right to silence and not participate in any interview.

Police Interview – Should You Speak?

This is the most important decision you’ll make. The answer is almost always: NO, do not participate in a police interview.

Why You Should NOT Speak to Police:

1. You cannot talk your way out of being charged. Police have already made the decision to charge you before requesting an interview. Your interview will not change their mind.

2. Anything you say will be used against you. Police are looking for admissions, inconsistencies, and evidence to strengthen their case. They are NOT looking for reasons to help you.

3. You might admit to elements of the offence unknowingly. Criminal offences have specific legal elements. You may not know what police need to prove, and might inadvertently provide that evidence.

4. Your words can be misinterpreted or taken out of context. Police summarize interviews in their facts sheets to prosecutors and courts. Your words are often presented in the worst possible light.

5. You may contradict yourself under pressure. Police interviews are designed to be stressful and confusing. It’s easy to make mistakes or contradict yourself, destroying your credibility.

6. Your silence CANNOT be used against you in court. Under NSW law, the prosecution cannot comment on your refusal to be interviewed. It’s not evidence of guilt.

Rare Exceptions – When You MIGHT Participate in an Interview:

There are very limited circumstances where participating in an interview may be beneficial:

• Complete mistaken identity – You can prove with evidence (CCTV, witnesses, GPS data) you were elsewhere
• Strong legal defence – Self-defence with independent witnesses and video evidence
• Police have wrong information – And you can immediately and conclusively prove their allegations are factually impossible

Even in these cases, only participate AFTER speaking to a lawyer who has reviewed the evidence and agrees it’s beneficial.

What If Police Say They’ll “Go Easy” If You Cooperate?

This is not true. Police cannot promise leniency. Only prosecutors and courts determine penalties. Police may genuinely believe cooperation helps, but it rarely does. In our experience:

• Clients who exercised their right to silence: 45% had charges withdrawn or not guilty verdicts
• Clients who participated in interviews: 12% had charges withdrawn or not guilty verdicts

The statistics are clear: Silence protects you. Speaking hurts you.

Bail – Will You Be Released?

After police have completed their investigation and decided to charge you, they must make a bail decision under the Bail Act 2013 (NSW).

Police Bail Options:

1. Unconditional Bail – You’re released with no conditions, just a court date

2. Conditional Bail – Released with conditions such as:

• Not contacting alleged victims or witnesses
• Residing at a specific address
• Reporting to police at regular intervals
• Curfew (stay home between certain hours)
• Surrendering your passport
• Not going within certain distance of locations
• Not consuming alcohol or drugs

3. Bail Refused – Held in custody overnight and taken to Parramatta Local Court the next business day for a bail hearing in the custody list

When Will Police Refuse Bail?

Police commonly refuse bail for:

• Domestic violence offences (especially AVO breaches, stalking, domestic assault)
• Drug supply charges
• Serious assault causing injury
• Offences committed while already on bail for other matters
• Repeat offenders with history of failing to appear at court
• No fixed address or significant flight risk

What If Bail Is Refused?

If police refuse bail, you’ll spend the night in custody at Parramatta Police Station or a remand center and be transported to Parramatta Local Court the next business day (Monday to Friday) for a bail hearing.

Critical: Contact a lawyer immediately if bail is refused. We can:

• Appear in the custody list first thing in the morning
• Prepare and present a bail application to the Magistrate
• Arrange sureties (people who guarantee you’ll appear)
• Propose strict bail conditions to address police concerns
• If Parramatta Local Court refuses bail, apply to the Supreme Court

Call us immediately if bail is refused: 0474 708 070 (24/7)

First Appearance at Parramatta Local Court

If police grant you bail, you’ll be given a Court Attendance Notice (CAN) requiring you to appear at Parramatta Local Court on a specific date, typically 4-8 weeks from your arrest.

Parramatta Local Court is located at 1-3 George Street, Parramatta NSW 2150 (our office is 5 minutes walk away).

What Happens at Your First Court Appearance:

This is called a “mention” or “first listing.” It’s a brief court appearance (typically 2-5 minutes) where:

1. Your matter is called – When your name is called, stand and approach the bar table
2. The charge is read out – Magistrate or prosecutor reads the charges against you
3. Plea is noted – You (or your lawyer) indicate whether you’re pleading guilty or pleading not guilty
4. Matter is adjourned – Usually adjourned 4-6 weeks for:
   • Police to serve the Brief of Evidence (all evidence against you)
   • You to obtain legal advice
   • Negotiations between your lawyer and police prosecutor

What You Should Do BEFORE Your First Court Date:

1. Engage a Criminal Lawyer – Immediately contact a lawyer experienced at Parramatta Local Court. We offer a free initial consultation where we:

• Review the charges and likely evidence
• Explain the court process
• Discuss your options (guilty plea, not guilty, negotiate facts)
• Provide fixed fee quote (no surprises)
• Attend court with you

2. Gather Character References – If you’re likely pleading guilty, start collecting character references from:

• Employers
• Community leaders (ministers, coaches, volunteer coordinators)
• Long-term friends or family members who can attest to your character

3. Enroll in Relevant Programs – Depending on the charges:

• Assault/violence charges: Anger management course
• Drug charges: Drug counseling or rehabilitation program
• Drink driving: Traffic Offenders Program
• Domestic violence: Men’s Behaviour Change Program

Completing these programs before sentencing shows remorse and significantly improves your penalty outcome.

4. Do NOT Discuss Your Case on Social Media – Anything you post can be used as evidence. Deactivate or privatize social media until your case is resolved.

Can You Get a Section 10 (No Conviction)?

One of the most common questions is: “Can I avoid a criminal conviction?”

Yes – in many cases. Under section 10 of the Crimes (Sentencing Procedure) Act, the court can find you guilty but dismiss the charge without recording a conviction. This means:

• No criminal record
• No impact on employment
• No impact on travel or visas

Section 10 is commonly granted for:

• First-time offenders
• Minor offences (e.g., drug possession small amounts, common assault without injury)
• Strong character references
• Completion of rehabilitation programs
• Genuine remorse
• Good prospects of rehabilitation

We have achieved Section 10 dismissals for hundreds of clients at Parramatta Local Court through strategic preparation and persuasive sentencing submissions.

How a Lawyer Can Help Immediately

Many people ask: “Do I really need a lawyer if I’m just pleading guilty?”

Absolutely yes. Here’s how we help from the moment of arrest through to final outcome:

At Arrest / Police Station:

• Attend Parramatta Police Station within 30-60 minutes (we’re 5 minutes away)
• Provide confidential legal advice before any police interview
• Prevent you from making damaging admissions
• Speak to police to understand allegations and evidence
• Advise whether to participate in interview (usually no)
• If interview proceeds, attend with you to ensure police follow proper procedures
• Negotiate bail conditions with police

Before First Court Date:

• Obtain and review Brief of Evidence from police
• Identify weaknesses in prosecution case
• Advise on prospects of defending charges (not guilty)
• Negotiate with police prosecutors for:
  • Charge withdrawal
  • Facts amendment (reduce severity)
  • Downgrade to less serious charges
• Prepare character references
• Arrange completion of rehabilitation programs
• If mental health issues, arrange psychiatric or psychological reports

At Court:

• Appear with you at every court date
• Speak to police prosecutor on your behalf
• Achieve charge withdrawals or facts amendments
• If pleading guilty: Prepare comprehensive sentencing submissions
• If pleading not guilty: Prepare defence, cross-examine witnesses, run defended hearing
• Argue for Section 10 dismissal or minimum penalty
• If bail refused: Run bail application

Real Results We’ve Achieved at Parramatta Court:

• Assault Occasioning ABH: Section 10 dismissal, no conviction (client was first offender, completed anger management, strong references)
• Drug Supply (deemed supply): Facts amended to drug possession, Section 10 dismissal
• AVO Breach (multiple text messages): Charge withdrawn after demonstrating reconciliation with protected person
• Mid-Range PCA: Section 10 dismissal for first offender, no interlock device required
• Common Assault (domestic): Not guilty verdict after running defended hearing and establishing self-defence

Call for a free consultation: 0474 708 070

Common Charges from Parramatta Arrests

These are the most frequent charges we see from arrests in Parramatta:

Frequently Asked Questions