Get your questions answered
Frequently Asked Questions
My family member was arrested. What should I do first?
Try to find out which police station or facility the person is being held at, and hire or contact a lawyer as soon as possible — anyone under arrest has the right to legal assistance from the moment of arrest. Avoid giving statements or signing any documents before speaking with a lawyer.
What is a custody hearing (audiência de custódia) and when does it happen?
It is the presentation of a person arrested in flagrante delicto before a judge, generally within 24 hours, so that the legality of the arrest can be assessed and a decision made on whether to keep the person in custody, convert the arrest into pretrial detention (prisão preventiva), or grant release, with or without precautionary measures.
Does a person under arrest have the right to remain silent?
Yes. The right to remain silent is constitutionally guaranteed and cannot be held against the accused. The person is not required to produce evidence against themselves and may choose to speak only in the presence of a lawyer.
What is the difference between an in-flagrante arrest, pretrial detention, and temporary detention?
An in-flagrante arrest (prisão em flagrante) occurs at the moment of the crime or immediately afterward. Pretrial detention (prisão preventiva) and temporary detention (prisão temporária) are ordered by a judge during the investigation or the proceedings, each with its own legal grounds and time limits set by law. Each has its own requirements that a lawyer can assess in light of the specific case.
What is habeas corpus and when can it be used?
It is a constitutional remedy that protects the right to freedom of movement when someone suffers, or is under threat of suffering, an unlawful arrest or one without just cause. It can be used, for example, to challenge arrests that lack proper grounds or that exceed legal time limits.
How much does it cost to talk to the firm about an urgent case?
The initial conversation to understand the situation and explain the possibilities is free of charge. Criminal cases are usually urgent — that's why we prioritize a fast response over WhatsApp.
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