Duty Lawyer: When do you get one and what do they do?
Have you been arrested by the police and been told that you have the right to a duty lawyer? Then you are probably wondering what exactly a duty lawyer does, whether you can choose one yourself, and whether this will affect the costs.
Every day, people search for terms such as "duty lawyer, " "when do you get a duty lawyer," and "right to a lawyer upon arrest." In this blog, we explain clearly and practically how it works.
What is a duty lawyer?
A duty lawyer is a criminal lawyer who is called in via the so-called duty service system when someone is:
arrested by the police, or
held for questioning.
The duty lawyer provides initial legal assistance in the crucial early stages of a criminal case.
When are you entitled to a duty lawyer?
You are entitled to a duty lawyer in any case if you:
have been arrested as a suspect,
is being held for questioning,
or have been taken into custody.
The police must actively inform you about:
your right to a lawyer,
and the opportunity to speak to a duty lawyer before the interrogation.
What does a duty lawyer do?
A duty lawyer:
consult with you before the first interrogation,
provides advice on the right to remain silent,
may be present during the police interrogation,
protects your rights,
and assesses whether your arrest is lawful.
It is precisely in this initial phase that decisions are often made that have a major impact on the further course of the criminal case.
Can you choose your own lawyer?
Yes. You are not obliged to retain the assigned duty lawyer. You can:
choose your own criminal defense attorney,
also during or after the initial interrogation.
Many people choose to switch to a specialized criminal lawyer who will handle the case further after the initial contact with the duty lawyer.
Is a duty lawyer free of charge?
In principle, the assistance of a duty lawyer is:
reimbursed by the government.
However, that does not mean that:
the entire criminal case is free of charge,
or that further assistance will always remain free of charge.
A lawyer can provide you with clear information about this in advance.
Had a duty lawyer? Think ahead.
The on-call phase is often just the beginning. This may be followed by:
police interrogations,
detention,
pre-trial detention,
or a summons.
That is precisely why it is important to decide in good time who will continue to handle your case.
👉 Have you been arrested or have you been in contact with a duty lawyer and would you like to know what your next step should be? Contact us for a no-obligation initial consultation. We will put you in direct contact with a specialized criminal defense lawyer.