What to do when detained - the 48 hours that decide the case
Detention never happens at a convenient time: at night, in the street, at work, often before the person fully understands what is going on. And it is in these first hours, before the lawyer arrives, that things are said and written down which become the axis of the case for months afterwards. This guide exists so that in those hours you know what you are doing.
It is written for two people at once: the detainee, whose phone may already have been taken, and the family member who is holding a phone and does not know whom to call. The first part covers the detainee's rights, the second the family's actions, the third the deadlines that wait for no one.
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What detention is in law and why 48 hours is the key number
Detention is a short-term restriction of liberty that takes place without a court order - when a person is caught in the act or on a reasonable suspicion that they will abscond or destroy evidence. Precisely because no court was involved, the law puts it in a strict hourly frame: the detainee must be charged within 48 hours, and the court must rule on a preventive measure within the same period. If the period runs out, the detainee must be released at once.
Everything that later becomes case material happens in these 48 hours: the detention report, the personal search, the first questioning, the seizure of the phone, and often a first "confession" signed out of exhaustion, fear or the promise that "we will let you go now". The interval between the moment a lawyer is involved and the first signature is the most dangerous part of the case.
The status of a detainee differs from that of an accused: a detainee is not yet accused, but already has all the basic rights of an accused - a lawyer, silence, notification of the family, an explanation of the grounds for detention in a language they understand. These rights are not a "request" that an investigator may refuse - they are recorded in the detention report, and their breach is a ground for excluding evidence.
The first hour: six actions before the lawyer arrives
The order matters. The first two steps are taken the minute you are detained; the rest before the first report is drawn up.
Say two sentences and nothing more
"I want a lawyer" and "I am exercising my right to silence". This is not insolence and not a sign of guilt - it is a constitutional right, which the investigator notes in the report. Everything you say after this without a lawyer may be used against you, however harmless it seems.
Ask for your family to be notified
A detainee has the right to inform a relative of the fact and place of detention - personally or through the police. Name a specific person and number. The fact of notification is recorded in the report; if it was not recorded, that is a breach.
The detention report - read it before you sign
The report must state the exact time, place and grounds of detention and the explanation of your rights. The time is often "late" - a person actually detained at 20:00 has 23:00 in the report, and the 48 hours stretch by three hours. If the time does not match, write next to your signature "actual time of detention - ...". Refusing to sign is a right, but signing with a note is stronger.
The search - two witnesses and an inventory
Every item seized in a personal search is listed separately in the report. Check that the list is complete and contains nothing extra. Seizing the phone is normal; giving the phone's passcode is not. The code is access to the device's contents, which requires a separate court order.
No "explanation" before the lawyer
"Just tell us what happened and we will let you go" - this sentence appears in every case. An explanation is a document with the same force as testimony. The only correct answer: "after my lawyer arrives". The investigator has no right to continue questioning once a lawyer has been requested.
Memorise or write down
Who detained you (name, rank), at what time, who was nearby, what you were told, where you were taken. If you have no pen - repeat it in your mind. The lawyer's first question will be exactly this, and the check of the lawfulness of the detention rests on these details.
If your relative has been detained: five steps from the first call
A family member sees more than the detainee and can do more. The main mistake is spending the night calling acquaintances instead of making one call to a lawyer.
Find out where they are
Which police station or temporary detention facility. If the police will not tell you, that itself is a breach. A name, date of birth and the likely place of detention are enough for any station.
A lawyer that same night
A criminal defence lawyer must be involved in the first hours after detention - not in the morning, not on Monday. For a verified lawyer a night call is ordinary work. The lawyer has their own warrant; from you they need the detainee's name and location.
Send nothing by messenger app
The phone has been seized and may already be open. "Delete everything", "say you were at home" - such a message itself becomes evidence, and now against you. All communication through the lawyer.
Gather documents
ID, medical certificates (chronic illness, medication), a certificate from work, family status (minor children, dependants), proof of property and a permanent address. All of this is an argument for bail or against custody at the preventive measure hearing.
Prepare for the hearing
The preventive measure hearing takes place within 48 hours. You may attend. At the hearing the lawyer asks for bail, personal surety or a less severe measure - and answers the prosecutor's request for custody with the documents you have gathered.
The deadlines that start from the minute of detention
Every deadline is counted from the time written in the detention report - which is why that time matters so much.
What the lawyer needs in the first 24 hours
- A copy of the detention report, if it was given to the detainee - or exact information on where and when it was drawn up.
- The detainee's medical documents: diagnosis, list of medication, disability status - to secure treatment in the facility and to argue against custody.
- A certificate from work or a place of study, a salary statement - to prove social ties and a low risk of absconding.
- Family status documents: marriage, children's birth certificates, dependants.
- A real estate extract and proof of a permanent address - to secure bail and an undertaking not to leave.
- A certificate of no criminal record, if there were no problems before - for the court this is the first question.
- Any document or message that contradicts the prosecution's version - a ticket, a receipt, a video, correspondence. Original and copy, to the lawyer, not to the investigator.
Six ways people ruin their own case on the first night
"I will explain now and they will let me go"
They will not. An explanation strengthens the prosecution's version or creates contradictions that are later treated in court as "changing testimony". Release is decided by the court, not the investigator.
Refusing the duty lawyer
If your own lawyer has not yet arrived, involving the state-appointed lawyer is a right, not a compromise. Any lawyer at the first questioning is better than none. Switching once your own lawyer arrives is free.
Signing without reading
"It is a formality, sign here" - a report which may say that your rights were explained, that you waived a lawyer and gave testimony voluntarily. Read every page, note every inaccuracy next to your signature.
Giving the phone passcode
Giving the code will not count as "cooperation", but all the correspondence, photos and locations will end up in the case. Access to the phone's contents requires a court order - that is the investigator's task, not yours.
The family's own "investigation"
Relatives call the victim, look for witnesses, offer "reconciliation". This qualifies as pressure and gives an additional charge or an argument for custody. All contact only through the lawyer.
A lawyer who comes late
"Let us see in the morning" - by morning the first questioning is over, the reports are signed, the phone is open. In criminal law a lawyer's value is measured in hours, not days.
What you can do yourself and where the risk begins
You can and should do yourself: say the two sentences, have your family notified, read the report and add a note, memorise the details, gather documents, call a lawyer. This is the minimum that protects the case in the first hours and requires no legal knowledge - only calm and the ability to say "no".
Not without a lawyer: no testimony, no explanation, no signature other than on the detention report, no conversation with the victim, no "arrangement" with the investigator. Going to the preventive measure hearing without a lawyer multiplies the chance of custody, and signing a plea agreement without a lawyer means a verdict that can no longer be appealed.
When choosing a criminal defence lawyer one question is decisive: how quickly they will come. In the directory the card shows response time and city; the coordinator answers night calls too and within 15 minutes connects you with the lawyer closest to the station.
Questions about detention
The police have called me in for an "interview"; I am not detained. Do I need a lawyer?
Yes - an "interview" or "questioning as a witness" is often the step before becoming an accused. A witness has the right to silence about themselves and the right to be accompanied by a lawyer. Coming with a lawyer raises no suspicion, while testimony given without one cannot be "taken back" later.
I was filming the detention and they took my phone. Is that lawful?
Recording police actions is a right and not a ground for detention. Seizing the phone within a personal search is permissible; deleting the recording is not. The phone must be listed as an item in the report; the lawyer will demand that the recording be preserved and submitted as evidence.
The investigator says a lawyer is "not needed right now" and the case is simple.
That sentence is itself a signal. In a simple case a lawyer spends an hour and ensures the procedure is followed; in a complex one, they protect the case. In both, after a lawyer is requested, investigative actions must stop until they arrive.
How much is bail and who pays it?
The court sets the amount according to the gravity of the charge, financial position and the circumstances of the case; the minimum is set by law. Bail can be secured with real estate instead of money. At the end of the case, if the conditions were met, the bail is returned.
I am a foreigner and do not speak Georgian. What am I entitled to?
A free interpreter at every investigative action and translation of documents into a language you understand - a report drawn up without an interpreter is inadmissible. Also the right to have your country's consulate notified. An English- or Russian-speaking lawyer can be found in the directory with the language filter.
48 hours have passed since detention and no charges have been brought. What happens?
Immediate release - the facility's administration is obliged to release the person even without a ruling. If that does not happen, the lawyer applies to the prosecutor and the court, and a ground for compensation for unlawful detention arises. The time in the detention report is decisive here.
Detained? One call, right now - at night too
Within 15 minutes the coordinator will connect you with the criminal defence lawyer closest to the station, who will get involved today. The first consultation is free.