Arrest and Detention – Counsel

Upon detention, 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 he faces. Upon his request, he should be provided with contact with an attorney or legal counsel, including the possibility of having a direct conversation during consultations. The detained person also has the right to immediate contact with a close relative or another designated person. In exceptional situations, we also provide the assistance of an interpreter if the detainee does not sufficiently know the Polish language.

We guarantee immediate action to protect the rights of the detainee and his interest 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 detention and his rights, including the right to receive a copy of the detention protocol. In the event of a detention 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 the closest person and, if necessary, intervene in matters of medical care if the temporarily detained person requires it.

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

In many cases, detention may 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 prohibition on leaving the country.

Our team verifies why the person was detained, whether the arrest is justified by special circumstances, and may demand an examination of its legitimacy. We provide comprehensive support in filing:

• complaints against detention,
• motions to lift the arrest,
• other procedural documents in criminal cases,
• monitoring the duration of detention,
• actively participating in detention hearings,
• checking whether the reasons for detention have ceased to exist,
• ensuring the obligation to provide evidence is met,
• monitoring whether the detainee was promptly brought before the court.

It is important to know 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 Law Firm Haber & Haber always acts in favor of the effective defense of 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 grounds 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 motion to the district court for temporary arrest.

Fear of flight or hiding of the suspect

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 motion for temporary arrest, analyzes whether the fear of flight has real grounds.

Risk of tampering with evidence

Detention may be justified by the suspicion that the suspect may influence evidence, for example, by destroying it or contacting persons related to the case to persuade them to give false testimony. To prevent these 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 him until the data is verified. In exceptional situations, detention may be legal, but each case must be individually assessed.

Need for expedited proceedings

In situations where a crime or offense has been, for example, recorded, detention may be a prelude to conducting proceedings in an expedited manner. Even then, however, the detained person has the right to contact an attorney and have the attorney present during procedural actions. 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 the assistance of an attorney important during arrest or detention?

According to the regulations governing 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 person and to seek the assistance of a defense counsel.

Every detained person has the right to refuse to make statements 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 actions 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 person about 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 team at the Law Firm Haber & Haber will provide you with effective assistance!

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

We act without delay, defending your interests and rights as a detainee. We represent clients in district court, appellate court, and file motions on behalf of clients to lift the arrest or other preventive measures. Our team includes counselors from various fields of law, including a DUI attorney, as well as automotive lawyers for car-related cases.

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 take all possible actions aimed at lifting the arrest or replacing it with another form – even if the court's decision has already been made!

Frequently asked questions and answers regarding detention and arrest for an attorney

Below you will find answers to the most frequently asked questions directed to attorneys. Detention or arrest does not necessarily mean a long-term imprisonment. Learn about your rights and how the procedure looks according to the 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 that the actions of the authorities comply with the 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 a detention or arrest?

The police can carry out a 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 crucial, for example, previous criminal record or obstructing proceedings – in such cases, arrest may be applied by the police.

Does the detained person have the right to free assistance of an interpreter?

Yes, if the detained person does not sufficiently speak Polish, they should promptly receive free assistance from an interpreter. They may require, for example, initial medical assistance. Utilizing the help 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 for temporary deprivation of liberty.

Must the detained person be informed of the reasons for detention?

Absolutely, law enforcement authorities have the 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 legitimacy of the detention and to request its annulment by the court of first instance.

When can a complaint be filed against detention or arrest?

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 remedy – the court reviews the application within the time frame specified by law. In practice, a well-prepared complaint, supported by strong arguments and analysis of 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 questioning of the detainee, challenges the validity 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 lifting of the arrest or mitigation of the penalty. With extensive experience, a lawyer can significantly influence the proper course of the case and the final outcome.

Can an attorney participate in the questioning of the detainee?

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