Arrested in Germany — what to do

Pre-trial detention in Germany — how it works

If a family member has been arrested, the first hours are a shock: a phone call, a search at dawn — and suddenly your partner, son or sister cannot be reached. What matters now is speed. The first 24 to 48 hours often decide whether someone remains in pre-trial detention (Untersuchungshaft) or is released.

What happens after an arrest

Anyone who is arrested must be brought before a judge of the competent local court (Amtsgericht) no later than the day after the arrest. The judge reads out the arrest warrant: what offense the person is accused of and why they are to be detained. The judge then decides whether the warrant is enforced — or whether the person is released under conditions.

This hearing is the first and often the best opportunity to avert detention. Anyone who goes into that hearing without a defense lawyer is throwing that opportunity away. If I am reached in time, I attend the hearing and present everything that weighs against detention: a fixed residence, employment, family ties, the willingness to comply with conditions.

The grounds for detention

Pre-trial detention is not a punishment. It serves only to safeguard the criminal proceedings — the presumption of innocence continues to apply. Besides a strong suspicion, the law therefore requires a ground for detention:

Risk of flight: the court expects the suspect to evade the proceedings — for example because of a high expected sentence, ties abroad, or the lack of a fixed residence in Germany. It is the most frequent ground — and especially for foreign nationals it is often assumed too readily. That makes early, well-founded defense submissions all the more important: work, family and a stable environment count against it.

Risk of tampering with evidence: the concern that the suspect will remove evidence, influence witnesses or tip off co-suspects. This ground usually carries weight only in an early phase of the investigation; once the evidence is secured, it loses its basis.

Risk of reoffending: for certain serious offenses, detention may be ordered where concrete indications suggest further serious offenses. An exceptional ground with narrow requirements — which in practice, however, courts find to be met all too readily.

The remedies: detention review, appeal, release on conditions

There are two ways to challenge an arrest warrant. In the detention review (Haftprüfung, Section 117 StPO), the same court that issued the warrant re-examines the detention — on request in an oral hearing at which the suspect and the defense are heard. It can be requested at any time, without a deadline. The detention appeal (Haftbeschwerde, Section 304 StPO) takes the case to the next higher court in a written procedure. Which route is right is a tactical decision I take after reviewing the case file — a hasty, poorly reasoned application squanders arguments and hardens the court's position.

Often more realistic than the immediate lifting of the warrant is its suspension under conditions (Section 116 StPO): the warrant remains in place but is not enforced — the person is released and in return complies with conditions such as a monetary security (similar to bail), regular reporting to the police, the surrender of the passport or no-contact orders. I develop a concrete package of conditions for each case that makes it easy for the court to decide in favor of liberty.

And there is a time limit: after six months of pre-trial detention without a trial, the Higher Regional Court (Oberlandesgericht, OLG) must review whether the particular difficulty or scope of the investigation justifies continued detention (Section 121 StPO). Delays for which the justice system is responsible — case files left untouched, overdue expert reports, sluggish scheduling — can lead to the warrant being lifted even where the suspicion remains.

What family and friends can do

Retain a defense lawyer. You do not have to wait until your relative can call you. Spouses, parents, children, siblings — relatives may retain a defense lawyer; the person in custody confirms my engagement at my first visit to the facility. You can retain me by phone, email or video call.

No statements to the police. Say nothing about the case — not even with the intention of helping. Well-meant explanations by relatives end up in the file and cannot be taken back. As a close relative you also have a statutory right to refuse testimony.

Apply for a visiting permit. Visits in pre-trial detention require a visiting permit (Sprechschein) issued by the court, not by the detention facility. I apply for it and handle the formalities with the court and the facility. Visits are limited in time and may be monitored.

Use the defense lawyer as the bridge. Defense visits and defense correspondence are not monitored — unlike ordinary visits, letters and phone calls, which may be checked. Never discuss the accusation on monitored channels. I am the secure line between you and your relative.

Gather evidence of stability. Documents that show stable circumstances — an employment contract, a lease, family ties — help me argue for release under conditions. Note everything you know about the arrest: time, place, authority involved, accusation.

Common questions

I act in detention cases in Kiel, in Schleswig-Holstein and throughout Germany — from the first hearing through detention review and appeal up to a constitutional complaint. What a defense costs is explained openly on the fees page.