Preparing for a police questioning
First check in what capacity you will be interrogated and when you are expected. This helps determine which rights apply to you. As a suspect, depending on your situation, you may be entitled to a confidential consultation with a lawyer and to assistance during the interrogation.
Has the interrogation been scheduled yet? When contacting us, please state the date, time and your capacity if known.
Start with your invitation and bill of rights
The rules differ depending on whether you are being heard as a suspect or in another capacity. Therefore, read the declaration of rights that you receive and ask for an explanation if something is not clear.
Do
- Check the date, time, place and the capacity in which you are being interrogated.
- Make a note of anything you don't understand about the invitation or bill of rights.
- Get in touch before the interrogation Please contact us if you would like to discuss advice or assistance.
Don’t
- Don't memorize a standard answer from the Internet.
- Don't assume the rights or approach that applied to someone else.
- Do not send sensitive data or case file documents via the contact form.
What you say during an interrogation can be used as evidence later. Advice on what you should do best in your case requires knowledge of your capacity and the concrete facts.
Get this ready for an initial discussion
You do not have to compile a complete case file. The invitation and a clear overview of what you know give a lawyer a useful starting point.
- The invitation or message about the interrogation
- The Letter of Rights, if you already received one
- Date, time and place of the interrogation
- A brief timeline of events
- The names of other people involved
- Messages or documents that you believe are directly relevant
If the invitation is incomplete or you do not have all the documents yet, please contact us. Please state clearly what you have and have not received.
Discuss what you already have
The invitation is short and you are unsure in which role you will be heard
An employee from Brussels is asked by telephone and then in writing to report to a police department. The invitation includes a date and place, but the reason is brief. For an initial orientation, the person writes down what was literally communicated, keeps the invitation and declaration of rights and avoids assumptions about his or her own position.
This is an illustrative example. It does not describe a client or actual case file.
Which questions are part of a broad preparation?
Flamend & Partners starts with the invitation, your capacity and what you know about the events. We then discuss what information is relevant, what rights may apply and whether specific assistance during the planned interrogation should be investigated.
Who handles questions surrounding police interrogations?
Carine Flamend works in criminal law, among other things. After the conflict check and an initial assessment, the office will confirm who will continue to answer your question.
Preparation from Zaventem for an interrogation in the region
The office in Zaventem receives clients from the Vlaamse Rand, Brussels and Flanders. Your invitation determines which police service you are expected to join. Always mention that location upon first contact.
First a conflict check,then a conversationunder professional secrecy.
Before the office takes a substantive look at the case, it needs the names of the people involved. It thus checks whether a conflict of interest prevents assistance.
Your lawyer is bound by professional secrecy. Only briefly outline what the interrogation is about via the contact form. The office will then agree with you what information is needed and how you can provide documents.
Carine FlamendWhat would you like to know before questioning?
Start with your capacity. This information is usually included in the invitation or provided during the interrogation.
Can I speak to a lawyer first?
If you are interrogated as a suspect, depending on your situation, you may be entitled to a confidential consultation with a lawyer and to assistance during the interrogation. Please contact us before the scheduled date to have this reviewed for your hearing.
What can I say?
There is no safe standard answer for that. What you declare can be used as evidence. Discuss your capacity and the facts with a lawyer if you want specific advice about your situation.
Will this remain confidential?
The information you share with your lawyer in the context of assistance is covered by professional secrecy. The office does need the names of the people involved in advance to be able to check a conflict of interest.
I don't know why I'm being interrogated. What now?
During your first contact, explain exactly what information you received and in what capacity you are being called. Keep the invitation at hand, but do not fill in any missing facts yourself.
Your situation first deserves clarity.
Briefly explain what is going on. We carefully consider which next step is appropriate.