Michał Surówka
advocate
SURÓWKA Law Firm
Detention – what can the family of a detained person do?
It is worth emphasizing that this article is of a general nature. For an individual consultation, please contact Attorney Michał Surówka directly at +48883921775 or via email at adwokat.m.surowka@kancelariasurowka.pl. The law firm is based in Krakow (Cracow), Poland but provides services throughout the entire country.
Few people are prepared for the situation in which they receive information about the detention or temporary arrest of someone close to them, or when they witness such an event. The significant stress associated with such an occurrence can be disorienting and hinder a proper, immediate reaction. It is therefore important to equip oneself with knowledge about what actions to take when a loved one finds themselves in such a difficult position.
In this article, I will explain, among other things: how to find out where someone is detained or temporarily arrested, whether family members or friends have the right to appoint a lawyer without the person’s prior consent, and how contact with the detained person is handled by law enforcement authorities.
Detention and Temporary Arrest – How to Help in Such Situations
How can you find out where someone close to you is detained or temporarily arrested? Does the police inform the family of the person who has been detained? How can you help the detained or temporarily arrested person and how can you navigate their situation? There are many questions regarding what steps to take and what rights we have when such an event occurs. In the case of the detention of a family member or simply a friend by the police or any other authorized body, if we are present during the act of detention, the only sensible thing we can do on our own initiative is to obtain information from the officers carrying out the detention about which unit (which police station or prosecutor’s office) the detained person will be taken to.
With this information, we can avoid the need to call multiple units to verify the detained person’s whereabouts. Most importantly, we have the basic information for any lawyer potentially appointed for the detained person, who can immediately at least call the unit, establish the case number, send the necessary initial motions, and also make contact with the detained person and meet with them.
Engaging in discussions with the officers or attempting to explain things on behalf of the detained person is generally futile, especially in cases where detention occurs as a result of a so-called “operation,” which is most often a planned and considered early morning, unannounced visit by authorities to the home of the detained person.
If such a situation arises, we can assume that the police (or other body authorized to carry out the detention, such as the National Revenue Administration, the Central Bureau of Investigation of the Police, or the Internal Security Agency) have reasonable suspicion that the detained person has indeed committed a crime, and simultaneously, the detaining authority may fear that the detained person could, among other things, try to hide, escape, destroy evidence, or there may be difficulties in establishing their identity (therefore, refusal to show an identity document or provide personal details could affect the decision to detain and may be considered an offense depending on the circumstances).
Did the detaining authority have the right to detain us or someone close to us, or was the detention the result of abuse, negligent actions, or incorrect judgment by the authorities? This issue should be decided by the court following an appeal against the detention filed by the detained person or their lawyer. It is important to remember that if the detention or temporary arrest is found to be unjustified after a court review, it may give the detained or temporarily arrested person the right to claim compensation and reparation from the State Treasury.
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Can a Lawyer be Appointed for a Detained Person? Who Can Appoint a Defense Attorney?
If we have not previously dealt with such a situation, we may have doubts regarding whether the right to make a phone call after detention exists in Poland, and how contact with the detained person might look. It should be noted that, following the detention of a person, for obvious reasons, their ability to contact the outside world is limited. However, detained persons should be informed by the authorities about the possibility of contacting a lawyer, and indeed, this contact should be facilitated at their request. However, this is one thing in theory, and another in practice, even in Krakow and its surroundings.
In order for the right to make a phone call after detention to contact a lawyer to be truly respected, the detained person often needs to show appropriate knowledge and determination. Therefore, it is important to remember that anyone, including a friend, partner, or family member of the detained person, can immediately contact – even without obtaining the detained person’s consent – a lawyer of their choice and inform them about the detention. The next step should be to provide the lawyer with a so-called “authorization for defense.” As SURÓWKA Law Office, we practice using a blank authorization form, which allows for quick completion with the necessary details in emergency situations.
Such authorization, regardless of who signed it, allows the lawyer to take all necessary actions, and most importantly, enables the lawyer to be present during the first interrogation of the detained person, which is a crucial step. During this stage, any mistakes made by the detained person could prove irreversible in the future.
After contacting the appropriate police officer or prosecutor, the lawyer can obtain or even determine the time of the planned interrogation and attend it, regardless of whether charges will be brought against the detained person and regardless of whether they will be interrogated as a suspect. This is because, in some cases, even a witness can appoint not a defense attorney, but a representative in the form of a lawyer.
Once the lawyer is present at the scene, whether at the police station or the prosecutor’s office, they will also be able to secure an authorization for defense or a power of attorney from the detained person, in oral form, to be recorded in the interrogation protocol.
Can a Lawyer Be Appointed for a Temporarily Detained Person? The Rights and Role of Family and Friends of the Temporarily Detained Person.
We already know that the right to make a phone call after detention allows the detained person to contact a lawyer. The family and friends of the detained person also have the right to appoint a lawyer for them. But what about a person who is temporarily detained?
Importantly, a defense attorney can be appointed for a suspect (that is, at the stage after charges have been presented) or even for a defendant (at the stage after an indictment has been filed in court), even during their time in temporary detention (i.e., in a situation where, after 72 hours from the moment of detention, the person is still deprived of their freedom). The mechanism for the family and friends of a temporarily detained person should be exactly the same as described in the previous section.
From my experience in handling criminal cases, I know that the priority should be to involve a lawyer in the case before the first interrogation of the detained person, and in the vast majority of cases, I recommend engaging a lawyer as early as possible in the case, that is, immediately after the person’s detention or after they are notified of the date of their interrogation.
The reasons are simple. The earlier a person, whose primary goal is to protect the interests of the detained person, becomes involved in the case, the lower the probability of mistakes being made by the detained person, and later, by the temporarily detained person, which could become irreversible in the later stages of the court proceedings. The lawyer is often the only person throughout the criminal proceedings on whom a potential suspect, and later, possibly the defendant, can fully rely, and whom they can trust completely, particularly because of the duty to maintain absolute confidentiality of defense matters.
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How Many Lawyers Can a Person Have in a Criminal Case?
A detained person, as well as a person in pretrial detention or a defendant, can have a maximum of three lawyers simultaneously. This is also the maximum number of lawyers that can be appointed for such a person by a family member, friend, or acquaintance.
From my experience, at the initial stage of the proceedings, i.e., during detention, when the situation is still developing and may not necessarily end badly, in the vast majority of cases, having just one lawyer is completely sufficient. The lawyer is able to independently prepare initial motions, establish contact with the detained person, meet with them, and participate in interrogations.
In more complex cases, especially with multiple defendants (many accused persons), with various charges against a person, or in cases involving serious or highly complicated crimes (e.g., large-scale economic crimes, drug-related crimes, money laundering, VAT fraud, or cases with significant international elements), it may be necessary to consider appointing two or even three lawyers.
Detention or pretrial detention of a loved one is a situation in which it is crucial to act quickly and contact a competent and fully engaged specialist. SURÓWKA Law Office offers professional support in such cases. We act swiftly and decisively, ensuring that the detained person does not have to wait long for expert assistance. We prepare the necessary motions for our clients, make crucial arrangements on their behalf, and are present during their interrogations, helping them avoid mistakes during testimony or statements. We explain in an understandable way to concerned families and friends, among other things: how to check if someone has been detained by the police, how to find out where they are detained, and answer other questions related to the case, while also providing continuous updates on the progress of the case. By choosing our services in criminal law, clients ensure themselves high-quality legal assistance.
Criminal law in Krakow is one of our three specializations. The other two include:
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