{"id":6371,"date":"2016-04-18T20:10:14","date_gmt":"2016-04-18T20:10:14","guid":{"rendered":"https:\/\/blogs.transparent.com\/polish\/?p=6371"},"modified":"2022-03-31T19:26:00","modified_gmt":"2022-03-31T19:26:00","slug":"how-to-get-out-of-trouble-if-you-get-arrested-in-poland","status":"publish","type":"post","link":"https:\/\/blogs.transparent.com\/polish\/how-to-get-out-of-trouble-if-you-get-arrested-in-poland\/","title":{"rendered":"How to get out of trouble if you get arrested in Poland"},"content":{"rendered":"

In my last post I shared some tips on how not to get in trouble while visiting Poland (take a look here<\/a>).<\/p>\n

Hopefully none of you will get in a big trouble after all! But, if you will….well, let’s see if we can get you ready for this. So what to do if you will get arrested in Poland?<\/p>\n

First thing: you need a lawyer (adwokat, prawnik).\u00a0Lawyers in Poland are divided into two types, advocates (adwokaci,prawnicy)<\/strong>\u00a0and \u201cradca prawny\u201d<\/strong>. Only advocates and trainee advocates (aplikant awokacki<\/strong>) may represent you in criminal proceedings.<\/p>\n

If you are a not a Polish citizen, your local embassy may also maintain a list of lawyers who speak your language and can provide you with their details.<\/p>\n

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Arrest. Image by 4711018 on Pixabay.<\/p><\/div>\n

If you I cannot afford to pay for a private lawyer, what should you do?\u00a0<\/strong><\/p>\n

You may have the right to free legal advice, depending on your financial circumstances.\u00a0In order to apply for legal aid, you need to obtain the relevant forms. If your case is at the investigation stage, you can return the completed application to a police officer or prosecutor.\u00a0If your case is already reached trial, you can return the completed application to the court. In both cases your application will be assessed by the President of the Court, who will decide whether you qualify for legal aid based on the evidence you provide. If you qualify for legal aid, the court will appoint a lawyer for you and you have no right to choose your representative.<\/p>\n

Criminal legal aid must be granted in the following cases, regardless of your financial situation:<\/p>\n

If you are under 18 years of age,
\nIf you are deaf or blind,
\nIf there are concerns about your mental health and you have to be examined by psychiatrists in this regard,
\nIf you are charged with a more serious offence (a felony) and your trial takes place in the District Court (the court of first instance that tries serious cases),
\nIf you cannot defend yourself because you have a physical or mental disability.
\nIf you have a right to legal aid for any of the reasons above, you have the right to choose your own lawyer.<\/p>\n

So, will you have to stay in prison until your trial starts?\u00a0<\/strong><\/p>\n

Although there is a presumption that people should be given bail ( kaucja<\/strong>), but it is often harder for most foreign nationals to get bail. There is a common tendency to assume that if you do not have a place of residence in Poland, you are more likely to flee if released before your trial.<\/p>\n

You may be kept in detention for a number of other reasons, for example:<\/p>\n