Whether at the main railway station, in the city centre or in the neighbourhood - an encounter with the police can quickly lead to a temporary arrest. For many, this is a stressful, confusing experience. It becomes even more serious when an arrest warrant is involved. Both cases involve the deprivation of personal liberty - but there is a clear legal distinction between arrest and detention.
Especially in Bremen, where police actions in urban areas regularly make the headlines, it is important for those affected to know: What are the police allowed to do? What are your rights? And when do you urgently need legal assistance?
In this article, we explain clearly what is behind arrest and detention, what rights you are entitled to and how a criminal defence lawyer can support you in an emergency.
1st arrest: When things suddenly get serious
The provisional arrest is usually the first escalation stage in criminal proceedings. It is used to stop a fugitive or to clarify their identity. The legal basis for this is Section 127 (1) of the Code of Criminal Procedure.
What many people don't realise: Also Private individuals are authorised to make an arrest in certain cases - for example, if someone is caught in the act and there is a risk of absconding. The so-called Everyman's right However, this only applies under strict conditions and harbours considerable risks. In Bremen, such cases repeatedly give rise to discussions about the right level of civil courage.
Your rights in the event of arrest:
You only have to provide personal details - you may remain silent on the matter.
You are entitled to a phone call and can contact a lawyer.
The police must inform you of your rights.
An arrest may no longer than the next day without a judicial decision.
Tip: Keep calm, don't resist - and just say: „I won't make any statements without my lawyer.“
2. arrest: deprivation of liberty by court order
The Arrest is the next step - it only takes place on the basis of a judicial arrest warrant. This measure is much more drastic and can lead to a longer period of pre-trial detention. In Bremen, a person is often brought before the district court in Ostertorstraße - often under great time pressure.
Requirements for an arrest warrant:
Strong suspicion of an offenceThere are concrete indications that you have committed the offence.
Adhesive basee.g. risk of escape, concealment or repetition.
ProportionalityImprisonment must not be excessive - especially if there are also milder measures.
An experienced criminal defence lawyer will check whether the arrest warrant is lawful - and, if necessary, argue for a reprieve. Although many prisons in Bremen, such as Oslebshausen, offer appropriate accommodation, every pre-trial detention is a psychological and social burden.
3. procedure and recommendations for action in an emergency
If you are arrested or detained in Bremen, the following applies:
Keep calm - know your rights - contact a lawyer.
Typical procedure:
Arrest by police
Information about rights
Presentation before the magistrate (no later than the following day)
Decision: Release, arrest warrant or conditions
If necessary, remand in custody
What you should do specifically:
Remain silent about the accusations - even towards fellow prisoners!
Insist on legal assistance.
Do not consent to any voluntary searches or statements.
Use your right to notify relatives.
Document everything - as best you can.
A clear head is worth its weight in gold, especially in stressful situations such as night-time police checks in Bremen city centre. Your right to remain silent protects you.
4. criminal defence: Why you need help immediately
As soon as you have been arrested or detained, you should not hesitate: A criminal defence lawyer is your most important support. In Bremen, there are legal emergency services that are available around the clock - and we at Steveker & Odebrecht will help you immediately.
Our tasks as defence lawyers:
Check the legality of the arrest or detention
Request access to files
Initiate detention review
Establish contact with relatives
Propose alternative measures to detention
Building a defence strategy
Whether it is about the Deposit of a security deposit, Reporting requirements or the Avoidance of a main hearing we are at your side. With our experience from numerous proceedings in Bremen and the surrounding area, we know exactly how to effectively enforce your rights.
5. arrest or detention - no need to panic
Even if the situation seems intimidating: Arrest or detention does not automatically mean a conviction. For the time being, they are only criminal procedural measures - The presumption of innocence still applies.
What counts now:
Do not act rashly
Know and use your rights
Obtain legal assistance at an early stage
Working closely with the:defender:in
Many situations can be defused with legal support. Even pre-trial detention can be averted in some cases, if the legal requirements are not met.
FAQs on the subject of arrest and detention
1 What is the difference between arrest and detention?
An arrest is short-term and can be made without a court order, whereas an arrest always requires an arrest warrant from a court.
2 What are my rights if I am arrested in Bremen?
You have the right to remain silent, to legal support and to inform a trusted person. Contacting the law firm quickly is crucial.
3. when should I contact a lawyer after an arrest or detention?
Immediately! The earlier a criminal defence lawyer is involved, the better mistakes can be avoided and your own legal position strengthened.
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