Arrest

You Have Been Arrested – What to Do

Being arrested (Arrest) in Germany is a serious situation that requires immediate action. Whether you have been detained by the police at the scene of an incident, arrested pursuant to a warrant, or taken into custody following a house search, the steps you take in the first hours can have a significant impact on the outcome of your case. Remaining calm and knowing your rights is essential.

Your Rights After Arrest

After arrest, you have the right to remain silent – and you should exercise this right. You are not obliged to make any statement to the police, and anything you say can and will be used against you. You have the right to contact a defence lawyer immediately, and the police must inform you of this right. You have the right to inform a family member or trusted person of your arrest. If you are a foreign national, you have the right to contact your consulate. You must be brought before a judge no later than the end of the day following your arrest, and the judge will decide whether you are to be released or remanded in custody.

How BAFTEH Strafverteidigung Can Help

If you or a family member has been arrested, contact BAFTEH Strafverteidigung immediately. We provide emergency representation around the clock and can attend the police station or detention facility to advise you before any questioning takes place. Our immediate priorities are to ensure your rights are protected, to prevent self-incriminating statements, and to prepare for the judicial hearing on the question of pre-trial detention. Early intervention by an experienced criminal defence lawyer is the single most important step you can take.

Arrest: procedure, deadlines and rights

Provisional arrest and bringing before a judge

A provisional arrest is based on § 127 StPO. If the arrested person is not released, they must be brought before a judge without delay, at the latest on the day after the arrest (§ 128 StPO). The judge decides on an arrest warrant (§§ 112 ff. StPO) and, where relevant, its suspension.

Your rights

You have the right to remain silent and to instruct a defence lawyer (§ 137 StPO). In the cases of § 140 StPO a court-appointed defender is assigned. You may have a relative or person of trust notified.

What relatives can do

Acting quickly is decisive: the sooner a defence lawyer is involved, the sooner they can obtain file access and influence the custody decision. Make no statements on the matter until legal advice is available.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.