One of the most important things to keep in mind when taken into custody is to remain silent.

One is detained when the authorities take that person into custody. The authorities take someone into custody if the person is suspected of having committed a criminal offense, or a judge issued an arrest warrant, or one’s custody has been ordered for example.

Detention

Detention is the lightest of the coercive measures restricting personal liberty, which may not last more than 72 hours. These rules are the same in the whole country, whether you are in Budapest, in Győr or anywhere else. Detention is a temporary deprivation of the accused’s personal liberty. After 72 hours, the person is either released or arrested.

In addition, the police may the police may take one into custody for up to 8 hours prior to detention.

Once in custody a you have a right to name a relative or an adult who must be informed of the order of detention and the place of detention within eight hours. During the detention, the prosecution must decide whether to seek an arrest warrant. If an arrest warrant is not sought, then the person shall be released.

Arrest

While in detention the prosecution may seek to get an arrest warrant which is issued by the courts. Arrest is ordered if the accused is reasonably suspected of having committed the offense and the arrest is necessary. Usually it is necessary if it is needed to ensure the presence of the accused (flight risk), to prevent evidence tampering, to prevent recidivism and these goals cannot be achieved with house arrest or a restraining order.

If your relative has been detained, seek the help of an experienced Hungarian criminal lawyer immediately.