The first hours after detention are the moment when a person most often panics and that is why mistakes are made that are difficult to correct later. The law gives the detainee specific rights from the first minute, and knowledge of these rights is the main tool while the lawyer is still on the way. Let's analyze step by step what is happening and how to act, relying on the norms of the Constitution of Ukraine and the Criminal Procedure Code.
These rights arise automatically at the moment of actual detention — regardless of whether they are voiced out loud.
Under Article 29 Constitution of Ukraine Every detainee must be promptly informed of the reasons for his or her detention and his or her rights explained.
Article 213 Criminal Procedure Code of Ukraine obliges to provide the opportunity to immediately notify close relatives, family members or any other person of their choice of the detention and whereabouts.
The Constitution directly guarantees the opportunity to use legal assistance from a defense lawyer from the moment of detention, and not from some later stage.
Article 63 Constitution of Ukraine exempts a person from the obligation to give testimony or explanations regarding themselves, family members or close relatives.
Calmly ask under what article and on what grounds you are being detained. This is not a reason for conflict - it is the exercise of a direct constitutional right, and the police officer is obliged to answer.
Immediately inform a loved one or someone of your choice of your detention and whereabouts. This is not only emotional support, but it is this person who will be the quickest to contact a lawyer on your behalf.
Say clearly: “I will exercise my right to counsel and will not provide any explanations until he arrives.” This is a standard and legal position that does not make your situation worse, but protects against rash words under pressure.
The right not to incriminate oneself means that silence or a brief "waiting for a lawyer" is a legal and safe response to any questions about the substance of the suspicion.
The time of the actual detention, the names of the people involved, the circumstances - all this will be needed by the lawyer to assess the legality of the detention immediately upon arrival.
The period of detention without a decision of an investigating judge or court cannot exceed 72 hours from the moment of actual detention. In this case, within the first 60 hours, the person must either be released or brought to court for consideration of a request for a preventive measure. In addition, every detainee has the right to challenge his detention in court at any time - this right is not limited by any initial waiting period.
The algorithm of rights is the same, but the specific actions differ depending on who exactly stopped and under what circumstances.
A specialist will help you get legal assistance in the first hours after your arrest. criminal lawyer directory.
Lawyer's answers to frequently asked questions about the rights of a detainee until the arrival of a defense attorney.
Yes. Article 63 of the Constitution of Ukraine exempts a person from the obligation to give evidence against himself. A clear statement "I am waiting for a lawyer and will not give explanations" is a legal and safe position.
No more than 72 hours from the moment of actual detention, and within the first 60 hours, the person must be released or brought to court to consider a request for a preventive measure.
Yes. Article 213 of the Criminal Procedure Code of Ukraine obliges to provide the opportunity to immediately notify close relatives or any other person of the detainee's choice about the detention and the location of the detainee.
Yes, the Constitution of Ukraine directly grants a detainee the right to challenge their detention in court at any time — this right is not tied to the expiration of any initial waiting period.
It's better to hold off. Regardless of what the document is called, signing it without consulting a lawyer is risky - it's better to wait, even if it takes some time.
Yes, a lawyer can get involved at any stage — to assess the legality of the detention, check compliance with deadlines and rights, and develop a further defense strategy.
Useful analysis, instructions and tips for customers
How to check a lawyer at Unified Register of Lawyers of Ukraine and avoid a scammer. Step-by-step instructions from a lawyer for a safe choice of a lawyer.
Read article →Why a popular lawyer often harms a case more than a narrow specialist. Risks of working with media lawyers.
Read article →Simple rules for preparing for a consultation with a lawyer. What information is important to provide to a lawyer in order to win the case.
Read article →How to choose a lawyer based on the profile of the case without relying on blind advertising and loud promises.
Read article →Should you trust a lawyer based on the advice of friends? What to really look for when choosing a defense attorney.
Read article →Why does a lawyer not guarantee the exact timing of the case and why are those who promise a quick result manipulating?
Read article →What does a lawyer do behind the scenes of the court besides writing a lawsuit? The full cycle of preparation for the court hearing.
Read article →What documents to prepare at home to speed up the lawyer's work and save your time and budget.
Read article →How many stages does a case go through before a lawyer files it in court? A step-by-step analysis of the procedural stages.
Read article →When a lawyer is required to refuse to handle a case in accordance with the rules of professional ethics and the law.
Read article →What is a conflict of interest for a lawyer, why does it arise, and how can a client notice it in time to protect their rights?
Read article →How does a lawyer assess the feasibility of a settlement for a client? When is it better to negotiate and when to go all the way?
Read article →How to file an official complaint against a lawyer with the QDCA. Procedure for filing and grounds for disciplinary action.
Read article →As an attorney, he uses the e-court system to quickly file documents and monitor cases.
Read article →Why the court address in the EUITS differs from the real data, and how does a lawyer check the court address and details before visiting the hearing.
Read article →How a lawyer explains the new and old names of Ukrainian courts to avoid confusion in procedural documents.
Read article →In which courts do the old names of districts still apply, according to a lawyer? A reference guide for the correct execution of papers.
Read article →An up-to-date list of changes in court jurisdiction for a lawyer in connection with current legislative changes.
Read article →How the cost of a lawyer's services is formed depending on the complexity of the case, the instance and the terms. Explanation without overstated promises.
Read article →What to look for in a contract with a lawyer before signing. Clauses that protect the client's interests.
Read article →Is it possible to agree on payment in installments with a lawyer and what installment options do lawyers offer in practice?
Read article →The hidden cost of a legal case — what costs the client does not immediately consider: court fees, expert opinions, translations. A complete list of costs that the client often does not consider.
Read article →The main myths about contracts from the practice of law. What the current legislation says about real obligations.
Read article →How a lawyer explains the real amount of payments under the law, dispelling myths about fixed interest rates.
Read article →Does the lawyer agree with the myth of automatic expungement of a criminal record after three years? Clarification of the rules from a lawyer.
Read article →When can a case be handled without a lawyer, according to lawyers, and when independent actions are guaranteed to lead to a loss.
Read article →Table of limitation periods by case category from a lawyer. A handy reference for plaintiffs and defendants.
Read article →Instructions for the first hours after detention while waiting for a lawyer. What to do according to the laws of Ukraine.
Read article →List of documents for court by case category from a lawyer. What you need to prepare for a military, family, credit and criminal case.
Read article → Shevchenko Andriy ViktorovychAsk a lawyer a question Duty lawyer online
