Detention: your rights in the first hours

The first hours after detention are the most important. That is when the mistakes that are hardest to fix are most often made. Here is a guide on how to act.

What they are obliged to tell you

• The grounds for the detention and what you are suspected of.
• Your rights, including the right to remain silent and the right to a lawyer.
• The right to inform your relatives about the detention.

Time limits

Without a court ruling a person may be detained for no longer than 72 hours, and must be brought before a court no later than 60 hours after the detention (Article 211 of the CPC). Within that time the investigating judge considers the question of a measure of restraint. This is a critical moment where the presence of a lawyer is especially important.

Your course of action

• Stay calm, do not resist, but do not give explanations until your lawyer arrives.
• Use your right to a phone call and inform your family or your lawyer.
• Read every document carefully before signing, record your objections.
• Do not sign a waiver of your right to a defense lawyer.

Why you need a lawyer immediately

From the first hours an experienced defender monitors compliance with the procedure, challenges unlawful actions and prepares the position for the hearing on the measure of restraint. The earlier they join, the more opportunities there are to protect your interests.

This material is for general information only and is not legal advice. Every situation is unique, so consult a lawyer about your specific case.

Need help in a criminal case?

Attorney Oleksii Kobets, over 25 years of practice, with a background in the investigative authorities. Call us and we will assess your situation confidentially: +38 050 315 99 99.