Being arrested is a highly stressful situation, when it is difficult to think about your rights and your defence. But it is precisely at this moment that you need a criminal defence lawyer. Every person who has been arrested has the right to call a lawyer for their defence and for advice.
What do you need to know about arrest?
Every person who is arrested has the right to demand compliance with the rules of criminal law. That is why it is important to know the following information:
- the police officer must state their surname, position and rank;
- upon request, the police officer must produce their identification;
- the arrest must be based on documents that can be requested for verification;
- the police officer must explain the grounds for the arrest and the right to a lawyer;
- the arrested person has the right to inform their family or another person of their whereabouts.
A report must be drawn up at the time of detention, which must include:
- the date and place of drawing up;
- information about the person who drew up the report;
- full details of the detained person;
- the grounds for the detention;
- the legislative act on which the detention is based;
- information about witnesses to the incident (if any);
- statement by the detained person;
- signatures of the person who drew up the report and the detained person.
A copy of the report is provided to the detained person for their information.
What rights does a detained person have?
Every person has the right to legal defence upon detention. In addition, they have other rights:
- not to make any statements without a solicitor being present;
- to request a meeting with their solicitor without witnesses;
- to have access to the case file;
- to receive medical assistance if necessary;
- to submit motions;
- to provide evidence necessary for the case;
- to speak in your native language with the assistance of an interpreter;
- to appeal against the ruling in your case to a higher court.
What are the possible periods of detention?
The duration is determined by the presence or absence of a judge’s order. If no such document exists, the detainee must be released within 72 hours. The person must be brought before a court within 60 hours for a hearing on the application for a preventive measure.
When does detention without a court order take place?
Cases of detention without a judge’s order are specified in the Criminal Code. These include:
- detention whilst committing a criminal offence or attempting to commit one;
- detention after the commission of a crime based on available evidence;
- detention to prevent escape;
- detention for failure to fulfil obligations in the form of a fine.
Any detention in accordance with the specified cases is carried out by an authorised person.
Criminal defence lawyer from Svarog: defence without compromise
During detention, it is very important to obtain the assistance of an experienced lawyer. They will be able to correctly draft the necessary documents and develop a strategy for release.
By contacting us, you will be entitled to the following services:
- travel to the place of detention
- full defence in criminal proceedings;
- development of an action plan for release;
- ongoing monitoring of developments in the case.
Get advice from a criminal defence lawyer if you need it right now. We are ready to begin the assistance process at any time.
What should you do if you are detained by the police?
Does a detainee have the right to a lawyer?
Every detained person has the right to a lawyer. A lawyer can be called immediately after the actual detention.
How should you behave during detention?
It is important to follow these steps:
- stay calm;
- do not resist;
- find out the grounds;
- do not make any statements without a lawyer;
- do not explain anything without a lawyer;
- do not sign anything;
- in the event of a search, you must request two witnesses.
What rights does a detained person have?
Every detained person has the right to:
- a lawyer;
- a phone call to relatives;
- an explanation of the detention;
- medical assistance if necessary;
- not to explain or sign any documents without a lawyer.
How can I challenge an unlawful detention?
To appeal, you must submit a complaint to:
- the investigating judge;
- the prosecutor;
- the court in the form of a civil claim;
- the State Bureau of Investigations.
The complaint may be submitted by relatives or a lawyer.
How much does it cost to have a lawyer attend in the event of detention?
The cost of a lawyer’s services is always determined on a case-by-case basis, depending on the complexity of the case.