Detention and arrest: your rights and the mistakes to avoid
The moment of detention is one of the most stressful and dangerous stages of criminal proceedings. A person's first words and actions determine the further course of the case. Even if you are sure that a mistake has been made, it is important to know your rights and not to make the typical mistakes that can complicate everything.
1. What detention is and when it is lawful
Detention is a temporary measure whereby your liberty is restricted for up to 48 hours in order to establish the circumstances of the case. It must be carried out strictly in accordance with the law and only where there are grounds for it:
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you were caught at the scene of the crime;
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eyewitnesses directly identified you;
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the investigation has evidence of your involvement.
If you have been detained without explanation, demand that the grounds for detention be stated in the record.
2. Your basic rights upon detention
You have the right to:
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know what you are suspected of (Article 46 of the Constitution of the Russian Federation, Article 91 of the Code of Criminal Procedure of the Russian Federation);
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call your relatives or an attorney;
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refuse to give explanations without defence counsel;
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read the record of detention and make comments on it.
Remember: signing the record without comments means agreeing with everything written in it. If you have not been shown the document or are refused a copy, this is a violation.
3. Mistakes made by detained persons
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Giving testimony without an attorney. Even one careless word can become evidence against you.
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Trying to “come to an arrangement” with the investigator. Any informal conversations are often recorded and may be used against you.
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Signing everything put in front of them. The record must be read carefully: it captures your every word.
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Panicking and resisting. This may lead to additional charges (for example, of disobeying a police officer).
4. How an attorney should act
A criminal defence attorney checks the lawfulness of the detention, demands to be admitted to the case from the first interrogation, ensures that your rights are respected and helps you work out the right line of conduct. The attorney may also file a complaint if the detention was carried out with violations.
5. What happens next
Within 48 hours of detention, the investigator must either release you or apply to the court for an arrest order. If an attorney is involved immediately, they will be able to prepare the defence position, present evidence of innocence and secure your release.
⚖️ Conclusion
The main rule upon detention is to remain silent and demand an attorney. Any explanations given without defence counsel are a risk to your liberty. Knowing your rights and reacting correctly in the first hours are the foundation of a successful defence in a criminal case.