What happens if you are stopped by the police? Rights and what to do immediately
- dpapasey
- 2 days ago
- 2 min read
Being detained by the police is a situation that often generates uncertainty and anxiety. Many people do not know what will happen next or what their rights are in such circumstances. In these moments, it is important to remain calm and understand that the law establishes safeguards to protect the detained person. Knowing these rights can be essential to properly face the situation and avoid mistakes that could harm one’s defence.
The police may detain a person when there are indications that they have committed a crime, when they are caught in the act of committing an offence, or when there is a risk that they might flee or destroy evidence. A detention may also occur pursuant to a judicial arrest warrant. However, detention is a measure that must always respect fundamental rights and may only be used in the specific circumstances provided by law.
When a person is detained, they have the right to be informed of the reasons for the detention and the facts they are accused of. They also have the right to remain silent, the right not to testify against themselves, and the right to appoint a lawyer who will assist them during questioning. They may also communicate their detention to a family member or a person of trust. The presence of a lawyer is essential, as it ensures that the statement is given with all legal guarantees and that the rights of the detained person are respected at all times.
As a general rule, a person cannot be detained for more than seventy-two hours (72 hours) without being brought before a judge. During this time, the police may carry out investigative procedures and take a statement.
Once this period has expired, the judge will decide whether the person is released, remains under investigation, or if any precautionary measures are imposed.
At Papasey Advocats, we offer 24-hour assistance to the detainee and legal defense from the very first moment, ensuring that the rights of the detained person are respected throughout the entire procedure.
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