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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Challenging the illegal detention of a person: your rights and options

Kovalev Artem
Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

Contact now

The legal company “Prykhodko and partners” always guards your rights and freedoms. One of the most important areas of legal practice is challenging the illegal detention of a person. Below, we will look at the key aspects of this topic and reveal how our lawyers help clients in these situations.

 

When law enforcement officers have the right to detain a person, and what documents to prepare

According to the law, law enforcement agencies have the right to detain a person in several cases, including:

  • Suspicion of committing a crime. If there are sufficient grounds to suspect that a person has committed a crime, law enforcement officers can detain him.
  • Search or arrest. If there is a court order to search or arrest a person, law enforcement officers have the right to detain them in accordance with this order.
  • Protection of public safety. If there is a threat to public safety or health, law enforcement officers can temporarily detain a person.

In the case of detaining a person, law enforcement officers are obliged to draw up official documents, in particular, a report on the detention and a notice of the rights of the detained person.

Why are there cases of illegal detention of a person?

Despite the existence of legal detention procedures, cases of illegal detention of a person sometimes occur. Cases of illegal detention of a person may arise for various reasons and include the following aspects:

  • Insufficient grounds for detention. In some cases, law enforcement officers may detain a person without proper grounds or sufficient evidence of suspicion of committing a crime. This may include insufficient evidence linking a person to a crime or insufficient information regarding a possible violation of the law.
  • Violation of detention procedures. Certain procedures must be followed during detention, including notice of the detained person’s rights. If such procedures are violated or not followed, the detention may be declared unlawful.
  • Misfeasance. Various events often testify to cases of abuse of power and detentions without proper grounds due to personal and other motives.
  • Types of discrimination. Detention of individuals may be the result of some form of discrimination, such as racial, gender, religious or other forms of discrimination. This is especially important in situations where detained persons become the object of violence or unethical behavior by law enforcement officers.
  • Politically motivated detentions. In some countries, law enforcement officers can detain people because of their political beliefs or participation in public actions that do not harm public safety. Such actions may be accompanied by abuse of power and restriction of freedom of speech.

All these situations can lead to the illegal detention of a person and require the intervention of lawyers and human rights defenders to protect the rights and interests of the detained person. Our company is ready to provide competent legal assistance in such situations and help in appealing illegal detention.

 

What to do if you are detained illegally?

If you have been detained illegally, it is very important to act sensibly and protect your rights. Here are some steps you can take in this situation:

  • Keep calm. First, try to stay calm. Don’t let your emotions get the best of you. A calm approach will help you better maintain control over the situation.
  • Ask for a lawyer. You have the right to an attorney. Notify law enforcement immediately that you wish to take advantage of this opportunity. A lawyer will be your advocate and can provide legal assistance.
  • Ask about the official documentation. Ask the law enforcement officer about the official documentation related to your arrest, such as the arrest report and notice of your rights. Make sure that all the details of the detention are recorded on paper.
  • Save the evidence. If possible, keep evidence of the illegality of your detention. This may include witness statements, photographs or video recordings of events that can support your case.
  • Work with an attorney. Once released from custody, work with an attorney to discuss next steps. An attorney can help you file an unlawful detainer complaint and develop a strategy for filing it.
  • Contact human rights organizations. If you believe that you have been a victim of illegal detention due to political motives or discrimination, contact human rights organizations and public figures who can support your case.
  • Keep documents and records. Keep all documents related to your detention, along with other records that will help prove the facts of your detention were unlawful.

Protecting your rights in the event of unlawful detention is an important aspect of ensuring your personal safety and justice. Do not hesitate to contact qualified lawyers and human rights organizations that can help you in this difficult situation.

Our lawyers will professionally challenge the illegal detention of a person

The team of lawyers “Prykhodko and partners” has extensive experience in the field of appeals against illegal detention of persons. We are ready to provide you with the necessary legal assistance, file a complaint and conduct the case in court, if necessary. Our goal is to protect your rights and help you get justice.

Do not doubt your rights. If you are facing unlawful detention, contact us for advice and legal support. Our lawyers are ready to support you and defend your interests. Your rights are our priority.
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