Of course, an arrest (often unexpected) is a shock. The most important thing in this situation is to remain calm and be aware of your legal options.
Here’s what you should keep in mind:
- Contact lawyer and relatives
Even if it is not mandatory, you should exercise your right to contact a lawyer. An experienced lawyer knows how to deal with such a situation and can help you get through the situation in the best possible way based on his experience.
It is also highly recommended to contact relatives, as the detention may last for a longer period of time (see above) - Exercise your right to silence
As an arrested person, you are an accused person and therefore also enjoy the right not to have to comment on the accusation. As an accused person, you are not obliged to cooperate in the proceedings. It is understandable that in such a stressful situation you would like to clarify any accusations or have the urge to justify yourself, but this often leads to rash statements, which in the worst case can be interpreted negatively and are difficult to relativize in the later main proceedings.
The right to silence should be observed in particular if no lawyer is present. - Discuss your statements or the further procedure with your lawyer
If you want to testify, discuss the content of the statement with your defense attorney beforehand. He or she will know exactly when you should make a statement and in what form. - Do not resist/be cooperative:
While an arrest is an exceptional situation, you should never lose your temper and use physical force against police officers or physically resist arrest. In general, you should cooperate with the police officers unless this is detrimental to you. Of course, you should not allow yourself to be pressured into making a statement or waive your right to defense counsel. - Legal instruction
Accused persons have several rights in the proceedings (see above). You must be informed about these rights. It is advisable to exercise the procedural rights granted to you by the Austrian legal system. These serve to ensure a fair trial and should also be exercised. - Signature of the interrogation transcript:
Interrogations of the accused, as well as any other type of taking of evidence, must be recorded. The record of the interrogation must be transcribed in full and then presented to the interrogated person. The transcript must always contain the signature of the person concerned. Therefore, read the contents carefully and do not sign it hastily.
You are entitled to request additions or corrections if you believe that the transcript does not truthfully reflect your statement. Minor changes can be made directly in the transcript. If significant additions or objections are involved, these must be recorded in an addendum and signed separately. If a correction is not made at your request, you have the right to attach a statement to the transcript. In any case, you should also request a copy of the interrogation transcript.
In case of refusal to sign, the circumstances of refusal shall be recorded in the transcript.
