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Emergency

Provisionally arrested: which rights you have now

A provisional arrest is stressful, but you are not without rights. You do not have to make any statement about the matter, may notify a lawyer and a person of trust, and you must be brought before a judge at the latest on the day after the arrest, who decides on the further deprivation of liberty.

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Your chances of getting your money back

Even with an arrest, your right to silence and your right to a defense lawyer apply. You may have a lawyer and a relative notified. You must be informed of your rights.
If you are not released again, you must be brought before a judge at the latest on the day after the arrest (Art. 104 GG, § 128 StPO). The judge decides on an arrest warrant or release.

What you should do now

  1. 1

    1. Remain silent

    Make no statement about the matter. Stay calm and cooperative in your manner, but do not comment on the accusation.

  2. 2

    2. Demand a lawyer

    Insist on contacting a criminal defense lawyer, this is your right.

  3. 3

    3. Notification

    Have a relative or a person of trust informed about the arrest.

  4. 4

    4. Await the presentation

    At the latest the following day, a judge decides on the further deprivation of liberty, until then say nothing about the matter.

How to spot the scam

  • You are denied or talked out of the right to a lawyer.
  • You are supposed to testify 'for quick clarification' after all.
  • The information about your rights is omitted.

Frequently asked questions

Do I have to testify after an arrest?

No. Even as an arrested person you have the right to silence and do not have to make any statement about the matter. Instead, you may and should insist on a defense lawyer before you say anything at all.

May I demand a lawyer?

Yes, at any time. You have the right to contact a defense lawyer and to have a person of trust notified. You must be informed of these rights. Insist on this expressly.

How long may I be held?

If you are not released again, you must be brought before a judge at the latest on the day after the arrest (Art. 104 GG, § 128 StPO). The judge decides whether an arrest warrant is issued or you are released.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.