Arrest & investigation

A family member has been arrested: what can you do?

If someone from your family is taken away by the police, you often know little about the suspicion or what happens next. Yet you can mean a lot in practical terms. First focus on accessibility, necessary care and contact with the lawyer. Distinguish between what you know for sure and what you only suspect.

In this article
  1. First identify the known facts
  2. When can someone at home be informed?
  3. Find out which lawyer provides assistance
  4. Provide urgent medical and practical information
  5. If your child is a minor
  6. Providing support is different from coordinating statements
  7. Be careful with your employer and environment
  8. After the first contact, keep a practical overview at

First identify the known facts

Write down the name of the arrested person, the time and place of the arrest and what the police said. Save a letter or contact information you left behind. If information is missing, write down the question you want to ask. A short list of facts works better than several family members reporting different stories at the same time.

Ask via the official contact route where practical information can be obtained. The absence of substantive explanation does not mean that a lawyer is not involved or that the family must resolve the case themselves. Sometimes the police cannot reveal everything because of the investigation. Provide a reliable callback number and make a note of who you spoke to.

When can someone at home be informed?

The arrested suspect may, under the conditions described by the Public Prosecution Service, ask a family member or housemate to inform that he is being held. The officer can sometimes temporarily limit information in the interest of the investigation. This is different from an unlimited right of every family member to direct telephone contact.

You can indicate your availability and ask how a request for contact will be handled. Do not insist on details that the practitioner cannot provide. Rather, ask what practical information may be shared, when you can inquire again and how the lawyer can contact the family.

Find out which lawyer provides assistance

A lawyer can be called in via the picket service. If you know that your family member already has their own lawyer, please provide the name and office. A family member can also approach an office themselves to ask how legal assistance can be arranged. Please indicate who should receive the assignment and who can confirm it.

The lawyer is there for the suspect. He must take his wishes and confidentiality into account. You can offer important information without counting on getting the full conversation back. The explanation about the picket lawyer describes what the initial assistance includes and what agreements are required for the follow-up.

Provide urgent medical and practical information

Report if someone is taking essential medicines, has an acute medical condition or needs special support. Provide specific information: name of the drug if known, prescriber and the nature of the need. Ask how the responsible service receives that information. Leave medical decisions to the appropriate healthcare provider.

Also look at children, pets or people who are dependent on the arrested person at home. Arrange what can be done immediately in your area and pass on any necessary concerns to the lawyer. A criminal lawyer cannot automatically take over care, employer contact and all administration. Agree which practical task lies with whom.

If your child is a minor

For minor suspects, additional rules apply regarding lawyer assistance and the presence of a parent or confidant. The police explain that a young person consults with a lawyer before the interrogation and receives assistance during the interrogation. The role of a parent is next to it; you are not replacing the lawyer.

Ask how your child can be supported and who can be present as a suitable confidant. Take the young person's wishes and safety into account. Do not formulate answers yourself for the interrogation. Please tell us if stress, language problems or a disability may affect your ability to understand questions.

Providing support is different from coordinating statements

You can create a practical timeline of what you have observed yourself. Do not modify existing messages or files or allow others to co-author a version of events. If you are a possible witness, it may be important that it remains clear what your own memory is and what you later heard from others.

If you are approached by the police, ask in what capacity. A family member can simultaneously be a witness or become the subject of an investigation themselves. Your position is then not the same as that of the suspect. Read the explanation about witness or suspect and, if necessary, seek independent advice for yourself.

Be careful with your employer and environment

An absence can raise questions at work or school. Where possible, agree with the person involved and the lawyer which necessary notification is appropriate. Do not share details about the suspicion via a family group or social media for the sake of quick explanation. What once circulates widely is difficult to take back.

Do not make agreements about recognition, compensation or contact with other parties involved without consultation. You can unintentionally complicate matters out of concern. Have legally relevant communications assessed and limit your own reporting to what is necessary for the practical situation. Save correspondence that does come in.

Keep a practical overview after the first contact

After release, the criminal case can continue; holding on longer requires different decisions. Ask the lawyer what next step is known and what information is still missing. Appoint one family contact person if multiple people are involved. This makes feedback calmer and reduces the chance of conflicting agreements.

Store telephone numbers, received documents and practical action points in one place. Also note who has given permission to share information. For the suspect himself, the page what to do if arrested provides more explanation. The goal for the family is to provide appropriate support without losing sight of their own legal position.

  • Record time, location and known contact information.
  • Pass on urgent medical information via the agreed route.
  • Arrange necessary care and appoint one family contact person.
  • Ask which lawyer is acting and what information he can share.
  • Keep existing data and do not reconcile statements.
Questions from litigants

Frequently asked questions

As a partner, am I entitled to the criminal file?

Not just because you are a partner. File inspection and provision of information are subject to the legal position and applicable rules. The lawyer discusses with the suspect what he can share with family.

Can I always be present during the interrogation?

No. For minors, there are additional rules for a parent or confidant. As a family member of an adult suspect, you are not automatically a participant in the interrogation.

Can I call a lawyer in advance?

Yes, you can ask how legal assistance is arranged and provide practical information. The office must then make it clear who the client is, whether the assignment can be accepted and how contact with the suspect takes place.

What if I am also approached as a witness?

Ask in what capacity and by which authority you will be heard. Your own rights and obligations may differ from those of your family member. If you have any doubts about your own position, separate advice is wise.

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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