Pretrial detention is a heavy burden for you and your relatives. The conditions of detention are worse than in criminal detention and you are under a lot of pressure because the investigation is still ongoing.
It is now important to keep calm and hire a criminal defense attorney you trust. A relative of yours can take care of this first. You must be given the opportunity to notify a relative or a person you trust, provided that the purpose of the investigation is not jeopardized. Do not rush to make a statement, even if the criminal investigation authorities make you feel that this may be good for you. As a suspect, you only have to provide information about yourself, limit yourself to that for the time being.
Your lawyer / criminal defense attorney is allowed to contact you in pre-trial detention. This contact can only be prevented / restricted in a few cases.
Your defense lawyer will check whether the conditions for issuing an arrest warrant are met or whether other means can be used by the state. You should discuss this with your defense lawyer in peace.
The public prosecutor’s office applies to the responsible investigating judge for the arrest warrant. It may only be ordered if there is an urgent suspicion, there is a reason for arrest and the arrest warrant is not disproportionate to the importance of the matter and the expected punishment / measure. Reasons for detention are to flee, the risk of escape, the risk of blackout and the risk of repetition.
The process is roughly as follows: The police arrest the accused. He will then be brought before the judge no later than the next day. If he cannot be brought before the responsible judge at the latest on the day after his arrest, he will be brought before the judge at the next district court. The warrant is announced there. If the accused is not released, he must be brought before the competent judge for questioning upon request. The responsible judge then decides on the fate of the arrest warrant, i.e. whether it will be upheld, lifted or (temporarily) suspended. In the last two cases, the accused is initially free again, but this does not mean that the criminal proceedings have ended or that the accused cannot return to pre-trial detention.
The length of pre-trial detention depends on the respective procedure and its scope. This usually lasts between 6 to 12 months. According to the Federal Constitutional Court, pre-trial detention is unconstitutional after a certain period. In this case, your defense lawyer will help you. The duration of pre-trial detention is counted towards the sentence. If the accused is later acquitted or the main proceedings are not opened, the former accused can assert claims under the Criminal Compensation Act. Discuss details with your lawyer / criminal defense attorney.
This article is not exhaustive and is only intended to provide an initial overview.
We would be happy to advise and represent you in your matter. Visit our website www.kanzlei-wahab.de or our Anwalt.de profile. You can also reach us by email and phone.
Kind regards,
Attorney Bahman Wahab
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