Summoned by the Police or Prosecutor’s Office? What to Do in the First Hour
The moment you receive a summons from the Police, the Prosecutor’s Office, or are invited “for a discussion” at an investigating authority is one of the most stressful experiences a person can go through. How you react in the first few hours matters enormously — and, unfortunately, most mistakes happen exactly then, out of haste or lack of information.
First rule: the right to remain silent exists and should be used
Anyone being questioned — whether as a witness, suspect, or defendant — has the right to make no statement until consulting a lawyer. This right is not a sign of guilt; it is a basic legal protection. Statements made under pressure, without prior legal advice, are often later used against the person, even when the intent was simply to “quickly clarify” the situation.
The difference between witness, suspect, and defendant
Your procedural status completely changes your rights and obligations:
- a witness is obligated to tell the truth but is not the person being investigated;
- a suspect is someone against whom there are indications of having committed an offence, but criminal proceedings have not yet been formally initiated;
- a defendant is someone against whom criminal proceedings have been formally initiated and who will be sent to trial or not, depending on the evidence.
It is essential to know exactly in what capacity you are being called in, because your defence rights differ significantly depending on this.
Why the lawyer matters from the first hour, not just at trial
Many criminal cases are, in fact, decided during the investigation phase — how evidence is gathered, statements are given, searches are conducted. A defence built only at trial, after the case file is already formed, has much lower chances of success than one built from the very first moment of the person’s involvement in the investigation.
Having a lawyer present at questioning does not delay the process and is not viewed by investigators as an obstacle — it is a constitutionally and procedurally guaranteed right.
Preventive measures: what they mean and how long they can last
Detention (maximum 24 hours), house arrest, judicial supervision, or pre-trial detention are different measures, with distinct conditions and durations. Challenging these measures must be done within very short deadlines, which is why a fast defence response is the difference between a measure kept in place for months and one lifted within days.
Criminal complaints: how and when to file one
If you are the victim of a crime, the criminal complaint must contain a clear description of the facts, the available evidence, and ideally should be filed as soon as possible — delay can affect evidence gathering and, in certain cases, can even lead to the statute of limitations expiring.
Conclusion
Whether you are called in as a witness, a suspect, or want to file a complaint, an initial piece of legal advice — even by phone, before showing up for questioning — can radically change how the case unfolds.