What does a picket lawyer do after your arrest?
Those who are unexpectedly arrested have often not yet arranged for a lawyer. The picket service makes legal assistance accessible in that first phase. The lawyer explains what the suspicion means, discusses your rights and helps prepare for the interrogation. Practical problems also deserve immediate attention.
In this article
- How is initial legal assistance provided?
- Use the confidential conversation for your most important questions
- Assistance during interrogation
- Medication, health and people waiting for you
- Can you ask your own lawyer?
- Additional guarantees apply to minors
- Ask what the initial assistance and follow-up costs
- Leave with a clear follow-up plan
How is initial legal assistance provided?
In the event of an arrest, the police can report legal assistance via the picket service. Make it clear that you want to speak to a lawyer and whether you already have your own lawyer. A lawyer you do not know yet is not affiliated with the police because he is engaged through the service.
Ask who will assist you and how contact will be arranged. Sometimes information is still limited. Speak up if you don't understand what assistance you are entitled to. Don't make your choice based on the idea that a short conversation would only make sense if you were guilty.
Use the confidential conversation for your most important questions
As an arrested suspect you have the right to speak confidentially with a lawyer before the first interrogation. State what you have been told about the suspicion, what questions you expect and whether you have previously made a statement. Ask which documents are available at that moment.
Try to separate facts, suspicions and concerns. What have you experienced yourself, what have you heard from someone else and what do you not know? The lawyer can only provide targeted advice if he understands what there is uncertainty about. An initial conversation does not necessarily result in a completely reconstructed story.
Assistance during interrogation
A suspect has the right to remain silent and to a lawyer during interrogation. Discuss in advance how you will deal with questions. The lawyer will not accept your statement, but will monitor your position and can consult with you. For further preparation, read the explanation about the police interrogation.
Say during the conversation if you don't understand a question, are very tired or want to discuss it again. Please indicate if you need language support. A nod of agreement out of politeness does not help if you did not actually understand the question. Also have unclear words discussed in a statement.
Medicine, health and people waiting for you
Legal assistance does not only start with the supporting documents. Report to the police and the lawyer that you need medication, medical help or special support. Identify what is urgent. If you do not know the name of a medicine, please indicate which doctor or pharmacy may have information about it.
Also tell us about children, a housemate who needs help or other urgent responsibilities. The lawyer can help ask the right questions, but cannot take over every practical task himself. Discuss who can be contacted for necessary care and what information may be passed on for this.
Can you ask your own lawyer?
Report to the police that you want a specific lawyer and, if possible, provide your name and office. Availability and the applicable regulations are relevant. If that lawyer cannot act, ask what other assistance is arranged. Do not leave the first necessary legal assistance undiscussed due to uncertainty about a name.
Ask the chosen lawyer immediately how the financing works in this phase. A private appointment is not automatically free of charge because the client is in a police station. If you transfer at a later date, also discuss the transfer. The points for attention for continuity are listed on the page change lawyer.
Additional guarantees apply to minors
Special rules for consultation and assistance apply to underage suspects. The police state that consultation before the interrogation and assistance during the interrogation are mandatory for young people aged twelve to seventeen. A parent or confidant has a different role than the lawyer.
Indicate who is responsible for the young person and whether a safe, suitable counselor is available. Discuss concerns about language, disability or tension if necessary. As a parent, do not assume that you have to provide substantive answers on behalf of the young person. Personal defense and confidentiality remain topics for consultation with the lawyer.
Ask what the initial assistance and follow-up costs
With the statutory picket scheme, assistance can be provided without a personal contribution. This does not mean that all subsequent legal work falls under exactly the same regulations in every situation. A release, further prosecution or a new assignment may be a reason to make new agreements.
Therefore, before the end of the contact, ask who will monitor the follow-up, whether an addition is necessary and what costs may remain. The possibility of later recovery of costs from applicable criminal legal assistance also requires explanation. The pro-deo conditions describe why the different financing routes are not the same.
Leave with a clear follow-up plan
Release does not in itself mean that the criminal case is closed. There may be pieces or calls later. Ask what decision has been made and who you can contact. Write down the attorney's contact information and how you can be reached if your phone is unavailable.
After returning home, make an overview of the documents received and agreed contact moments. Ask who checks whether an interrogation report or decision has been received. Arrange help in a timely manner if you are called up again. For family members there is separate information about assistance after an arrest.
- Say that you want to speak to a lawyer before the interrogation.
- Name an existing lawyer and any contact details.
- Report medical necessity, medication and language problems.
- Discuss urgent care for children or housemates.
- Ask who will continue to monitor the case after this first phase.
Frequently asked questions
Does the picket lawyer work for the police?
The lawyer provides legal assistance to the suspect. The fact that the first call is arranged via the picket service does not make him an advisor to the police.
Can I make a statement before the lawyer arrives?
First ask for an explanation about your right to consultation and assistance. Discuss with the lawyer how to deal with substantive questions. Additional, mandatory guarantees apply to minors.
Can a family member take over the conversation with the lawyer?
A family member can pass on important practical information. The lawyer discusses the defense with the suspect and must take confidentiality into account. A parent or confidant does not replace the lawyer.
Will the same lawyer remain involved after my release?
You have to agree on that. Ask who views the follow-up post, which assignment applies and how the assistance is financed. An initial picket contact alone does not provide all clarity about this.
This article provides general information. The rules and options depend on your situation. Discuss your case and possible deadlines with a lawyer.
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