Providing an explanation is your first contact with the police in criminal proceedings. The explanation takes place before criminal prosecution has been initiated.It occurs during the so-called screening phase. During this stage, the police gather initial information and determine whether a crime has been committed and who may have committed it.
Although the official record of the explanation is not procedurally admissible in court, it is still of fundamental importance for the entire subsequent proceeding.Providing an explanation can point the police toward further evidence, as all the information you provide will be subsequently verified.
It also creates an initial psychological impression on the police authority and determines the direction of the investigation, as the police gain information on where to look for further evidence. Last but not least, providing an explanation can incriminate you if you change your statement later, which could cause serious problems for your defense.
In this video, attorneys Petr Motyčka and Zuzana Brečková from the law firm endors explain in detail how to proceed correctly. If you are already dealing with a similar situation and would like the help of an experienced attorney, get in touch with us..
Attorney Petr Motyčka from the law firm endors describes a typical situation:
"A police commissioner calls you, often without even properly saying what it is about."
The first and most important rule is: never provide any specific information to the police over the phone. Attorney Zuzana Brečková emphasizes:
"Do not provide any further information to the police authority over the phone."
At the beginning, you don't know exactly what the matter is about, because the police often do not disclose details. You also don't know what your status is— that is, whether they consider you a witness, a victim, or a suspect. You have no idea what evidence the police already have, and you can easily end up in a situation where your statements contradict those already collected by the police. You also don't know how the police will use your words, and everything can be used against you.
When the police contact you by phone, it is important to stay calm and not provide any specific information. Remain calm and polite. State that you are happy to come in, and ask for a written summons.
Zuzana Brečková advises:
"If the police call without a written summons, it is good to ask them to send one. You can agree on a date that suits you, but with a longer lead time – at least a few days."
A time buffer is important for several reasons. You have time to contact a lawyer, who will then have time to prepare for your case. This way, you avoid unnecessary stress. When you arrive at the police station, you first identify yourself with your ID card. The officer will verify your personal details from it. This is followed by other formal information, where the police may ask for details regarding your employment and financial situation. In most cases, the police can determine your residence or permanent address through their system.
Immediately after a call from the police, you should contact a lawyer specializing in criminal law. Tell them all the available information about what the police said and what the summons concerns. Ask them to be present during your statement and be absolutely honest with them. A lawyer is there to help, not to judge.
When you arrive at the police station, you first identify yourself with your ID card. The officer will verify your personal details from your ID. This is followed by other formal information, where the police may ask for details regarding your employment and financial situation. In most cases, the police can determine your residence or permanent address through their system.
After that, there should be a phase where the police inform you of the reasons for your summons. They may tell you what happened, or rather that they have information about an event, and ask if you can say anything about it
Zuzana emphasizes:
"At this stage at the very least, the person should ask, preferably through their lawyer, what their procedural status is."
You could be a witness, meaning a person who witnessed the event or knows the individuals involved. You may be the victim, meaning a person who has suffered harm as a result of a criminal act. Or you may be a suspect, meaning a person whom the police suspect of having committed a criminal act.
After the formal part, you essentially have three options for how to proceed when providing your statement.
This option is generally the safest. You cannot contradict yourself, you provide the police with no leads, and you gain time to get an overview of the entire situation. If you are charged later, you will be able to review the case file before your formal interrogation.
On the other hand, this option can appear psychologically suspicious. Law enforcement authorities have extensive experience and, in the course of their work, have encountered dozens, if not hundreds, of people. You also miss the chance to present your own version of events.
With this middle-ground approach, you present your version of events, which gives you control over the content of your statement. On the other hand, you do not provide additional information by answering questions, which may leave the police with further inquiries.
Your responses to subsequent questions would then look something like this:
"Officer, regarding this question, I can state that I recall the matter unfolding in this way. However, I will not be providing answers to any further questions."
This option is psychologically the most effective. You show the police that you have nothing to hide and are prepared to explain the entire situation. However, it also carries the greatest risks. The police may show you evidence from the file, catch you in inconsistencies, and you could be led into answering a question you never expected.
Only choose this option if you are confident in your position and your lawyer has evaluated the approach as safe.
A very important right that you can exercise at any time during the provision of an explanation is the right to consult with a lawyer.
"When providing an explanation, a person has the right to consult with their lawyer. The only exception is if the authority has already asked a question."
How does it work in practice? You can ask to consult with your lawyer at any time. The police must comply, as it is your legal right. Privacy between you and your defense attorney must be ensured during the consultation – the officer will leave or send you to another room. There is no time limit set for how long you can consult.
Petr advises:
"Whenever you feel uncomfortable or cornered in any way, ask for a consultation. The police authority is obligated to allow it."
This is the most dangerous mistake you can make. Petr warns:
"One of the biggest dangers is saying something, but then the situation develops in a way that leads you to say it differently later."
If you change your statement, the judge will read both versions and will want you to explain the discrepancies. You will lose credibility in the eyes of the judge and appear insincere, even if that is not the case at all. The solution is to prepare a consistent version with your lawyer from the beginning and stick to that version throughout the entire proceedings.
You already know this rule – never, under any circumstances, share information with the police over the phone.
If you fail to appear, you risk a fine or being brought in by the police. However, appearing without a lawyer is also a risk.
A lawyer will help you navigate the legal context, prepare you for potential questions, advise you on which strategy to choose, and you can consult with them at any time during the interrogation. They will also ensure that the interrogation is conducted in accordance with the law.
If a person comes to us and withholds or alters information, it can pose a major problem. A lawyer does everything in the interest of your defense; conversely, they cannot use your statements against you because they are bound by professional confidentiality. If they do not know all the facts, it hinders their ability to defend you, and surprises in the case file can jeopardize your defense.
Frequently asked questions
Yes, you must appear. If you fail to do so, you risk a fine. The police can ensure your presence by having you brought in. This can lead to unpleasant procedural consequences.
Yes, and it is highly recommended. A lawyer will help you navigate the legal context, prepare the right strategy, be by your side during the interrogation, and advise you at any time during the questioning.
Technically yes, but we would not recommend this approach. Changing your statement looks very bad in court; you will lose credibility, the judge will confront you with the inconsistencies, and it can significantly complicate your defense.
What if I said something wrong when providing an explanation?If you remembered something later or want to clarify something, contact an attorney immediately; they will help you with the next steps.
Providing an explanation takes place during the screening phase, when you have not yet been charged. It is a less formal procedure during which the police gather important information. An interrogation, on the other hand, takes place during the investigation phase, once you have already been charged. An interrogation is a formal procedural act and is fully admissible as evidence in court.
Don't panic. The police often work under a certain amount of time pressure, but you have the right to prepare and the right to an attorney. Request a written summons with a reasonable deadline. If the police contact you with an urgent request, feel free to say: "I am happy to come in, but I need a few days to prepare and consult with an attorney."
If you have been contacted by the police or have any questions regarding criminal proceedings, do not hesitate to reach out to experts. The endors law firm specializes in criminal law and provides comprehensive legal representation at all stages of criminal proceedings.
This article was created based on an interview with attorneys Petr Motyčka and Zuzana Brečková from the endors law firm.
This article is for informational purposes only and does not replace individual legal advice. If you find yourself in a situation where you have been contacted by the police, it is always best to turn to a qualified attorney who will provide advice tailored specifically to your situation.
Sometimes life happens, and you find yourself in an unexpected situation. Perhaps you have received a summons from the police. Perhaps criminal proceedings have been initiated against you. Perhaps you are not sure what is actually happening and what you should do. You are not alone in this.
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