Pre-trial detention is the most drastic measure of German criminal procedure: imprisonment before any conviction. If someone close to you has been arrested in Bonn or Cologne, fast and experienced defense work is decisive. We are available 24/7 at 0228 504 463 36.
Arrest and the first 48 hours
After a provisional arrest, the suspect must be brought before a judge no later than the end of the following day. The judge decides whether an arrest warrant (Haftbefehl) is issued and enforced. This first hearing is a critical moment: a prepared defense can often prevent detention or obtain a suspension of the warrant under conditions.
When pre-trial detention is permitted
Detention requires a strong suspicion of an offence (dringender Tatverdacht) plus a ground for detention under Section 112 StPO – usually flight risk (Fluchtgefahr), risk of tampering with evidence (Verdunkelungsgefahr) or, in specific cases, risk of repetition. Detention must always be proportionate; for less serious charges it can often be averted with milder measures such as reporting obligations or bail.
Detention review: Haftprüfung and Haftbeschwerde
The defense can challenge detention at any time – through a detention review hearing (Haftprüfung, Section 117 StPO) or a complaint against the warrant (Haftbeschwerde). Which route is more promising depends on the file: new facts, weakened suspicion or viable conditions (residence, employment, family ties, surrender of passports, bail) are the levers that open the cell door.
What family members can do
Engage a defense lawyer immediately – the detainee can name any lawyer of their choice. Collect documents that support release: proof of residence and employment, family circumstances, health issues. Do not discuss the case itself on the phone or during visits: conversations in pre-trial detention are generally monitored, except those with the defense lawyer.
Defense from day one
We visit clients in detention promptly, secure file access, prepare the detention review and build the defense strategy for the main proceedings. In serious cases before the Bonn Regional Court (Landgericht Bonn), early and active defense work in the detention phase often shapes the outcome of the entire case.
Frequently Asked Questions
How long can pre-trial detention last? As a rule no longer than six months before trial; beyond that only if the higher regional court confirms special grounds. Detention must end as soon as its conditions cease to exist.
Can the detainee choose their own lawyer? Yes. Even if the court has appointed a lawyer, the detainee may at any time name a defense lawyer of their own choice.
Are visits possible? Yes, usually with prior permission and under supervision. The defense lawyer may visit without supervision and without time limits.
What are the chances of release? That depends entirely on the file and the personal circumstances. Stable residence, employment and family ties, combined with conditions such as reporting duties or bail, regularly persuade courts to suspend warrants.
Each case depends on its individual circumstances. This page provides general information and does not replace legal advice in your specific matter.
Arrest in the family? Call now – we act immediately: 0228 504 463 36 (24/7).