Legal assistance to the detainee, international lawyer

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Do you know what the Legal Assistance to the Detained is? Do you know if all detainees have the right to request it?

The Legal Assistance is the right that the person who is accused of a crime has to have a fair process and a trial. It is a constitutional right of every citizen. And it comes to materialize when a lawyer ensures that each of the rights of the detainee is met from the beginning of the process (meaning that the detainee is properly informed of his rights, that he is informed of the reasons for his arrest, that at no time is the physical integrity of the detainee jeopardized, that self-incrimination due to ignorance is avoided, and that in general a legal process is carried out according to the proceedings).

Do you know what your rights are when you are arrested, even if detention has taken place in another country?

You can immediately request legal assistance, this means that you will not make any kind of statement before consulting a lawyer.

Until then, you must be informed in writing and of course in a language that you understand the causes for your arrest, all the rights you have as a detainee and the maximum legal term of detention.

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In case you are not told, be aware that one of your rights is to remain silent and not make a statement that may incriminate you; for which you have the right not to plead guilty.

You should also know that another of your rights is to have a private interview with the lawyer you request (or a lawyer assigned to you) and that after this interview your lawyer is present when you make your statements.

You must know that in case you do not understand the language of the country in which you have been arrested and that the lawyer assigned to you does not speak your language, you have the right to also be assigned a translator free of charge.

Another of your rights as an accused is that your relatives are aware of your detention and if you are in a foreign country, you also have the right to have your detention communicated to your Consular Office in such a way that the consular authorities can visit you and keep up with your case.

Can you fully trust your lawyer? Should you provide your lawyer with all the details of the facts for which you are accused or is it possible that if you do it, your lawyer will be biased with what happened and inform the district attorney´s office of the facts?

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Everything you tell your lawyer will be completely confidential, your lawyer cannot reveal to anyone what you tell him. The main function of your lawyer is to defend you and only by doing so will he be doing his job.

Your lawyer will be in charge of ensuring that your rights are respected as well as taking part in all the legal proceedings that arise from the investigations during the process (confrontations, recreation of the facts, requests for evidences, DNA taking, review of the evidences that may exist, and everything that has influence to carry out his defense).

How long can it take from your arrest until the lawyer you request or who has been assigned to you presents himself?

As a general rule, the lawyer assigned to you must present himself at the place the detainee is located within a term of no more than 3 hours (from the time he is called). Therefore it is advisable that from the first moment of your detention you request the legal assistance of a lawyer.

Could it happen that the police do not inform you of your rights or that there are irregularities in the process of your arrest? If you realize this: What should you do?

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Well, immediately inform your lawyer, because it is only your lawyer who must leave a written record of the infractions that may have been committed during the process and file a suit to defend your rights.

And after that first interview with our lawyer, what should you expect? Will you remain in detention until the day of the trial? In case you have to remain in detention, will you have the right to have the lawyer visit you again?

Depending on the seriousness of the crime you are accused of, you will remain in detention or not. You may be considered applicable to be out on bail as long as your criminal records prove that you are reliable not to flee before the trial. And in case you have to stay in custody, your lawyer will be required to visit you periodically and inform you of your legal process´ progress.


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