Detained, charged, or has a penal order arrived?

Here you will find out what to do, which deadlines are running and what you are entitled to. Every piece of advice is backed by a section of the law and a decision of the Constitutional Court or the Supreme Court that you can click on. And if you want someone to go through it with you, just tell us what happened.

Tell us what happenedA reply usually within 24 hours. Urgent matters straight away.

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Your message is read by a lawyer bound by professional confidentiality. Nobody else.

48 hours is how long the police may hold a detained person before releasing them or handing them over to a court  ·  3 days to file a complaint against the ruling that opens criminal prosecution  ·  8 days to file an objection (odpor) against a penal order, weekends included  ·  10 days to appeal against administrative expulsion  ·  5 working days from delivery of the 12-point notice, then your driving licence is gone  ·  0 days is how long it makes sense to wait before you ask  · 

Four things that apply always and everywhere

  1. You do not have to testify.Silence is not a confession. It is a right that exists precisely for moments like these, and nobody may hold it against you.
  2. You have the right to a defence lawyer.And to talk to them in private. The police will not be in the room, even if they hint that things would go faster without a lawyer.
  3. Sign nothing.The record of interview is not a formality. What is on paper is very hard to explain away later, even if it was meant differently.
  4. Deadlines run over the weekend too.Three days, eight days, forty-eight hours. The Code of Criminal Procedure has no concept of "once I'm back from holiday".

Has someone been detained right now?

You do not need to know what happened or why. Three things are enough:

  1. Name and date of birth of the person detained, so they can be found.
  2. Where they are being held: police station, town, anything you know.
  3. Your phone number, so there is someone to call once something is known.

A detained person's family can choose a defence lawyer for them, there is no need to wait for the person to do it themselves. The police have 48 hours, then the court has another 24. A lot can be done in that time, or nothing at all. The difference is usually whether the person has someone who knows whom to call.

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What happened to you?

Criminal law

01

You or someone close to you has been detained

The police may hold a person for 48 hours. Then they release them, or hand them over to a court. What happens in those hours tends to show in everything that follows.

02

Pre-trial detention is looming, or someone is already in it

Pre-trial detention is not a punishment, it is a safeguard. A court may impose it only on three statutory grounds and only when nothing milder will do. But that has to be said out loud, and in time.

03

A police summons has arrived

A summons to give an explanation is not yet a charge. But what you say there can become the foundation of the whole case. Or the end of it.

04

Criminal complaint: you want to file one, or one has been filed against you

Anyone can file a criminal complaint, no forms and no lawyer needed. What happens to it next is not so simple. And a false accusation is a criminal offence in itself.

05

You have been charged with a criminal offence

A ruling opening criminal prosecution means it has started for real. You have 3 days for a complaint. From now on you have rights worth knowing.

06

A penal order has arrived

The court decided without seeing you. You have 8 days from delivery to file an objection (odpor). On the ninth day the sentence is final and nobody cares any more what you wanted to say.

07

Alcohol or drugs behind the wheel, driving ban

Driving under the influence is, depending on the circumstances, a misdemeanour or a criminal offence. The line is one per mille. The main threat is a driving ban, and that is what hurts the most.

08

Plea agreement, conditional discontinuation

Not every criminal case has to end with a judgment after a main trial. The law knows ways out: an agreement with the public prosecutor, conditional discontinuation, settlement. But they have their conditions and their price.

09

House search

Nobody may enter a home without consent, and a search is an exception reserved for criminal proceedings, only on a written and reasoned warrant from a judge. Ask to see the paper before the door opens.

10

You have become the victim of a crime

Criminal proceedings revolve around the offender. Yet the injured party has rights of their own and a claim to compensation. They just have to raise it in time: at the main trial at the latest, before the taking of evidence begins.

11

European arrest warrant, extradition abroad

A European arrest warrant, an extradition request, criminal proceedings in another country. Two legal systems, two sets of deadlines, and usually only one person who understands it.

12

Charged with embezzlement

Embezzlement is appropriating something that was entrusted to you: company money, a rental car, goods on invoice. The threshold for criminal liability is damage of CZK 10,000. The key word is "entrusted".

13

Disorderly conduct: a brawl, a pub, the street

A scuffle outside a bar, insults at a government office, a slap in public. Disorderly conduct is a crime that takes ten seconds to commit and a year to resolve. But not every argument is disorderly conduct, and the courts know how to tell the difference.

14

Dangerous threats and stalking

"I'll kill you" in an argument and "I'll kill you" with a weapon in hand are two different things. Threatening is a crime when it can cause reasonable fear. Stalking, when it is long-term. Both sides need to know this.

15

You drove while banned from driving

Driving during a driving ban is the criminal offence of obstructing the enforcement of an official decision. The courts deal with it daily, and the excuse "I didn't know about the ban" only rarely holds up. What looms is a new, longer ban.

16

Charged with bodily harm

One punch and the other side has a broken nose. Intentional bodily harm starts at six months and the courts do not treat it as a misdemeanour. What decides is intent, the injury and who started it.

17

Damage to property

A kick to a car, a broken window, a spray-painted wall. Damaging someone else's property is a crime from CZK 10,000 of damage; with graffiti, regardless of the amount. Often it is the expert, not the witness, who decides.

18

Violation of the inviolability of the home

Entering someone else's flat without consent, or refusing to leave. Typically an ex-partner who "still has the keys", or a dispute over a tenancy. Both unlawful entry and unlawful staying are criminal.

19

Defamation

Defamation is criminal when it is untrue and can seriously damage someone's reputation, job or family. On the internet the sentencing range doubles. But most disputes about defamation do not belong in criminal law, and the courts say so out loud.

20

Conditional release from prison

After half the sentence (for some, after a third) the court may release a prisoner, provided they have shown they have reformed and can be expected to lead a law-abiding life. It is a right to be considered, not a right to be released. And a disciplinary punishment in prison can ruin everything.

21

Negligent homicide: a fatal accident

An accident in which someone died is a crime even without intent. What decides is whether you breached an important duty, and whether the person who died contributed to the accident. The difference is between a suspended sentence and years in prison.

22

Credit fraud and subsidy fraud

An untrue statement in a loan or subsidy application is a crime even when you repay the loan properly. The offence is complete on signing, not on any loss. For business owners it is one of the most dangerous traps.

Traffic and driving licence

Immigration law

Why this website exists at all

Criminal law is the field where people need help the most and look for it the least. They are ashamed. They think a defence lawyer is for "real criminals". Or they believe that if they explain everything honestly, the police will understand and they will go home.

But criminal proceedings are not a conversation. They are a procedure with rules, deadlines and records, in which every party has its role. The police investigate, the public prosecutor prosecutes, the court judges. And the defence lawyer is the only one whose role is to stand on your side. Nobody else has that in their job description.

This is not a website about one law firm. It is a website about what will happen to you in the proceedings and what you can do about it, backed by statute and case law. If you decide you want someone to do it with you, your enquiry goes from here to a lawyer who practises criminal law. See the footer.

From the first message to the end of the proceedings

  1. 1

    You write or call

    A few sentences about what happened. No formalities and no fear of saying it wrong. It cannot be said wrong, at most imprecisely.

  2. 2

    You learn where you stand

    What you are facing, which deadlines are running and what to do first. And what it will cost, before you commit to anything.

  3. 3

    You are not alone in it

    At the interview, over the case file and in court. Someone watches the deadlines, you know what is going on, and nobody is surprised.

Too embarrassed to call? Three things about that.

  1. What you tell your defence lawyer, only they hear.

    Attorney-client privilege is not marketing, it is a statutory duty. Your lawyer may not tell the police, the court, or your mother.

  2. You are not the first and you are not the worst.

    Whatever happened, criminal law has seen it before. People make mistakes. Some of them are called crimes. They are still human mistakes.

  3. Your defence lawyer does not decide whether you are guilty.

    That is not their question. Their question is: how to protect you as well as possible in these proceedings. Everything else is the job of other people in robes.

What people ask

How much does a defence cost?

It depends on the scope of the matter, and that cannot be said over the phone without seeing the case file. What can be said: you will learn the price in advance, either as a flat fee for the whole matter or as an hourly rate with an estimate. The invoice at the end should not be another criminal case.

What if I cannot afford a lawyer?

If you do not have sufficient means, you can ask the court for a free defence or a defence at a reduced fee (§ 33(2) of the Code of Criminal Procedure). You do not have to be homeless for the court to grant it; the Constitutional Court said so explicitly (IV. ÚS 1104/25). We can help with the application.

Do I have to testify?

As the accused, no. You have the right to refuse to testify, and it may not be held against you. Whether to testify, when and what is a decision made with a cool head and after consulting your lawyer. Not at three in the morning at a police station.

Is what I write in the form confidential?

Yes. The message is read only by the lawyer, who is bound by confidentiality about everything she learns from a client. The police, the court and your partner will learn nothing.

I am from the other end of the country. Does that matter?

No. Criminal proceedings take place where the matter happened, and a defence lawyer travels to clients. A case file reads the same in Cheb as in Ostrava. Many things can also be handled remotely.

What if I really did it?

Then you need a defence lawyer more than anyone. A defence is not about claiming nothing happened. It is about making sure the proceedings follow the rules, that the sentence matches the act and not someone's mood, and that one mistake does not become your whole life.

Where do the links to statutes and decisions come from?

From the Europaius database, which holds over a million decisions of Czech courts and the current wording of statutes from the official e-Sbírka collection. Every link leads to the full text. The decisions are chosen by hand for each situation, not generated.

Cases and blog articles are in Czech only for now. Případy · Blog

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