Arrest and Detention – Counsel

Upon being detained by the police, a Polish citizen has the fundamental right to be heard and to obtain professional legal assistance. The detainee is not obliged to make any statements regarding the act and the criminal liability they face. Upon their request, they should be provided with access to an attorney or legal counsel, including the opportunity for a direct conversation during consultations. The detained individual also has the right to immediate contact with a close relative or another designated person. In exceptional situations, we also provide interpreter assistance if the detainee does not have sufficient command of the Polish language.

We guarantee immediate action aimed at protecting the rights of the detainee and their interests in the matter at hand – 24 hours a day, 7 days a week. Our assistance includes not only legal representation but also ensuring that the detainee is informed of the reason for their detention and their rights, including the right to receive a copy of the detention protocol. In the event of an arrest order, we file a complaint, which must be submitted within 7 days from the announcement or delivery of the decision.

We also ensure supervision over the fulfillment of the obligation to notify a close relative and, if necessary, intervene regarding medical care if the temporarily detained person requires it.

In the event of detention or arrest, the attorney will perform comprehensive actions with respect for criminal law

In many cases, detention can evolve into temporary arrest. The role of the defense counsel is to secure immediate release or prevent the misuse of this coercive measure. At the court's request, less severe solutions may be applied, such as bail, police supervision, or a travel ban.

Our team verifies why the person was detained, whether the arrest is justified by special circumstances, and can demand an examination of its legitimacy.

We provide comprehensive support:

• we file complaints against detention,
• we request the release from arrest,
• we execute other procedural documents in criminal cases,
• we monitor the detention period,
• we actively participate in the detention hearing,
• we check if the reasons for detention have ceased to exist,
• we ensure the obligation to provide evidence is met,
• we monitor whether the detainee was promptly brought before the court.

It is worth knowing that temporary arrest is applied for a period not exceeding 3 months. After this time, the court may extend it.

An attorney from Gdańsk at the Haber & Haber Law Firm always acts in favor of effective defense for their clients!

What are the reasons for detentions and arrests? An experienced attorney explains

The law provides for the possibility of deprivation of liberty only in strictly defined criminal cases. One such situation is when there is a risk of special premises or a justified fear of committing a new crime, fleeing, hiding, tampering with evidence, or the inability to establish the suspect's identity.

In such cases, detention serves a protective function. According to the law, detention cannot last longer than 48 hours, and its extension requires a prosecutor's request to the district court for temporary arrest.

Fear of the suspect fleeing or hiding

If the suspect would not voluntarily appear at the summons of law enforcement or might attempt to flee the country of permanent residence, detention is intended to prevent hindrances in the investigation. The district court, when considering a request for temporary arrest, analyzes whether the fear of flight has real grounds.

Risk of tampering with evidence of the crime

Detention may be justified by the suspicion that the suspect may influence evidence, for example, by destroying it or contacting individuals related to the case to persuade them to give false testimony. To prevent such actions, isolation measures such as temporary arrest are applied.

Inability to establish the identity of the detainee

If the detainee does not possess an identity document and refuses to disclose it, the police officer has the right to detain them until the data is verified. In exceptional situations, detention may be legal, but each case must be individually assessed.

Necessity of applying expedited proceedings

In situations where a crime or offense has been, for example, recorded, detention may be a prelude to conducting a trial in expedited proceedings. Even then, however, the detained person has the right to contact an attorney and the presence of an attorney during procedural activities. The role of the defense counsel is to ensure that all actions are conducted in accordance with the law and do not violate the protection of the detainee's rights.

Why is attorney assistance important during arrest or detention?

According to the provisions regulated by criminal law, the police have the right to detain a suspect if there is a reasonable suspicion that they have committed a crime. In situations where there is a fear of flight, tampering with evidence, or the inability to establish their identity, detention may be justified. However, even in such cases, the detainee must be informed of their rights, including the right to notify a close relative and to seek the assistance of a defense counsel.

Every detained person has the right to refuse to make a statement and to refuse to provide explanations without the presence of an attorney. The right to contact a lawyer is one of the fundamental rights of the detainee, the violation of which can lead to serious procedural consequences. Our team intervenes immediately upon receiving information about the detention, assessing the legality of the officers' actions and initiating measures to protect the individual's rights.

Every detainee also has the right to receive a copy of the detention protocol and to notify a close relative of the situation. These are fundamental legal guarantees that should be ensured at the early stage of the procedure.

Exercise your right to an attorney upon detention – the Haber & Haber Law Firm team will provide you with effective assistance!

If you experience detention or your case is heading towards the application of a measure in the form of temporary arrest, immediate assistance from the law firm is crucial. Contact our Haber & Haber law firm specializing in criminal law in Gdańsk.

We act without delay, defending your interests and rights as a detainee. We represent clients in district court, appellate court, and file applications on behalf of clients for the release from arrest or other preventive measures. Our team includes counselors from various fields of law, including an attorney for driving under the influence in Gdańsk, automotive lawyers for car-related cases, as well as an attorney for economic criminal law.

Contact us by phone, email, or in person to receive support from an experienced detention attorney in your case. In the client's interest, we undertake all possible actions aimed at lifting the arrest or replacing it with another form – even if a court decision has already been made!

Frequently Asked Questions and Answers Regarding Arrest and Detention to an Attorney

Below you will find answers to the most frequently asked questions directed to attorneys. Arrest or detention does not necessarily mean a long-term imprisonment. Learn about your rights and how the procedure looks according to applicable regulations.

Does a detained person have the right to contact an attorney?

Yes, every detained person has the right to contact an attorney in an available form of contact, both by phone and in person. The contact between the detainee and the defense counsel should take place without delay, in confidential conditions, and without the presence of officers. The role of the attorney at the time of detention is to ensure compliance of the authorities' actions with applicable regulations and to protect the rights of the accused, which is why officers are obliged to enable the detainee to make contact.

When can the police carry out detention or arrest?

The police can carry out detention when there is a reasonable suspicion of committing a crime and there is a risk of flight, tampering with evidence, or influencing witnesses. The character of the suspect is also of key importance, for example, previous criminal record or obstructing proceedings – in such cases, arrest may be applied by the police.

Does a detainee have the right to free interpreter assistance?

Yes, if the detainee does not sufficiently speak Polish, they should immediately receive free interpreter assistance. They may require, for example, initial medical assistance. Utilizing the assistance of an attorney and an interpreter is essential for properly understanding the charges and effectively exercising their rights, including the possibility of seeking legal advice and filing a complaint against temporary deprivation of liberty.

Must a detainee be informed of the reasons for detention?

Absolutely, law enforcement authorities have an obligation to inform the detainee of the reason for detention, charges, negative consequences, and their rights. Neglecting this obligation can lead to a violation of the accused's rights and result in the nullification of procedural actions. In such a situation, the defense counsel has the right to demand an examination of the grounds for detention and to request its annulment by the court of first instance.

When can a complaint against detention or arrest be filed?

A complaint can be filed immediately after detention or after receiving the court's decision on the application of temporary arrest. Filing a complaint is an important legal protection measure – the court reviews the application within the timeframe specified by law. In practice, a well-prepared complaint, supported by strong arguments and analysis of the evidence, can lead to a change in the preventive measure.

What is the significance of the attorney's role in temporary arrest?

The attorney analyzes the evidence, participates in the initial interrogation of the detainee, challenges the legitimacy of the charges, takes part in preparatory proceedings, proposes alternative preventive measures, and represents the client before the court. In exceptional cases, they may also request the annulment of the arrest or mitigation of the penalty. With extensive experience, the lawyer can significantly influence the proper course and outcome of the case.

Can an attorney participate in the interrogations of a detainee?

Yes, in the case of interrogations involving the detainee, an attorney can be present, ensuring that all actions are conducted in accordance with applicable regulations. In practice, the presence of an attorney often influences the course of proceedings and protects the client's interests – especially when decisions are made quickly and evidence is still being gathered.