Illegally Arrested - What Can I Do?
Illegally Arrested - What Can I Do?
Even in a state like Austria that adheres to law and order, arrests of people can be unlawful. One can hears in the media about people getting arrested, and police officers used unnecessary violence on the accused and treated them without respect for human dignity. Several clients reported disparaging statements of police officers, even insults.
If you or someone you know has already been subjected to an arrest, a lawyer can also inform you about your rights - even if you are arrested - and file a complaint against the arrest.
When is an arrest permissible?
According to the Austrian law an arrest is permissible when:
1. The suspect/accused is caught in the act of comitting a crime
2. The suspect/accused flees or wants to go into hiding
3. The suspect/accused influences witnesses, experts, co-suspects or remove traces of the act.
4. Danger of reoccurance or danger, that despite warnings, an already begun criminal deed will be executed.
5. The suspect/accused is unknown, cannot identify himself, and his identity cannot be determined otherwise.
According to the law, arrest and detention must be carried out with respect for human dignity and with the greatest possible protection of the person. The arrested person must also be consulted immediately and informed about his rights.
What constitutes a legal arrest? What is to be considered?
According to the law, arrest and detention must be carried out with respect for human dignity and with the greatest possible care of the person. Unnecessary use of force by the police and derogatory statements (abuse) by officials are not permitted.
The arrested person is to be informed about the reasons for his arrest and allegations against him, as early as possible, e.g. at his arrest, in a language they understand .
The police must immediately interrogate the detainee in a language they understand and must not detain him for more than 24 hours. The questioning usually takes place in the guard room of a police station.
The authority has to inform the accused about the right to inform a relative or other confidant as well as a lawyer, immediately or immediately upon arrest. The police must also inform him of the right to refuse to testimony
The arrested person can refuse to testify all together or on certain questions.
If there is no reason for detention, they must be released again. If there is a reason for detention, the detainee must be immediately handed over to the next responsible authority (court).
However, if the person resists arrest, the police can use force. However, this must be proportionate.
When can the police use force in case of an arrest?
An arrest should always be conducted in a way to provide maximum care of the person. However, if the person resists arrest, the police can use force. This has to, however, be proportionate, meaning it must be necessary and legitimate to carry out an arrest without risk of injury for the police officers and other persons.
Example A: If the accused asks questions, but does not shout at the officers or try to escape, the use of force would be disproportionate and arrest inadmissible.
Example B: If the accused, however, tries to escape or push the officer, he can use force, in the amount that is necessary to counteract the aggression of the detainee, so that an arrest can be carried out.
How long can the detention upon arrest last?
The detention upon arrest ist allowed to last a maximum of 24 hours. If there is no grounds for arrest, the detainee has to be released.
If there is a reason for detention, the detainee must be handed over to the next responsible authority (court) within 48 hours.
The court examines if lenient measures (e.g. the accused has to register at the police station in regular intervals) can be implemented or pre-trial detention ordered.
Contact a lawyer immediately upon arrest. Do not resist arrest and consider the statements you will give carefully.
What should I do if I am arrested?
1.
Consult a lawyer
When arrested, you always have the right to consult a lawyer - in difficult situations such as thie, legal assistance should be sought. If you already have a lawyer, call them immediately.
2. Co-operation / no resistance
Despite all the excitement of arrest, it is important that you keep calm and follow the instructions given by the police officer. Do not put up verbal or physical resistance, as this will have a negative impact on your proceeding.
3. Read the information sheet
After an arrest, the police have to give you an information sheet about your rights and obligations. This must be administered in a language that the arrested person can understand. Read the information sheet carefully!
4. Notification of relatives
Everyone arrested has the opportunity to inform someone about the arrest. You can contact your relatives by phone upon arrest.
5. Consider your statements-presence of the lawyer
If the police question you upon arrest, insist on the presence of a lawyer. Think carefully about what they will say. You have the right to remain silent and do not have to incriminate yourself. Selective statements are also permitted.
6. Only sign the protocol if you have given your consent
The interrogation protocol must be signed. Read the content carefully and sign if you agree with the protocol. In the event that you do not agree, you should write down the reasons for the refusal to sign. Corrections can be requested or made yourself. If you have already signed and do not want to adhere to what was said later, you can withdraw your consent.
Which legal remedy (means of appeal) do I have against an arrest?
You have the possibility to file a measures complaint against the arrest and detention to the Administrative Court.
The complaint has to be filed within six weeks
upon detention. .
Our tipp: Contact a lawyer immediately after you have been released, who can then file the complaint.
Contact a lawyer promptly and let him inform you about your possibilities.
What are my next steps? I was just arrested.
1. Contact a lawyer and inform him about your arrest.
2. Undergo police questioning only after legal counsel, or in the presence of a lawyer.
What are my next steps? I was just released from detention.
1. Contact the lawyer and schedule an appointment.
2. Hire the lawyer to file a measures complaint against the arrest and detention.
Schedule a consultation with the lawyer
In short, a lawyer can also fight for you, so that you can enforce your rights in court, in case of an unlawful arrest and detention.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
police, arrest, detention, unlawful, use of force, police brutality, measures complaint, complaint, deadline, force, handcuffs, disproportionate, detention, released, reasons for arrest, i was arrested, what should I do, what can I do, i was arrested, my friend was arrested, is the police allowed to do that, next steps.