Getting arrested in Germany can be based on different reasons. There might be an Interpol Red Notice issued towards an individual or a pending extradition request. On other occasions, it can also happen that your name matches the name of a person who is wanted or who has a pending legal issue in Germany. A personal item in your luggage or problems with your documentation or visa can also lead to arrest in airport control.

As you can see, multiple reasons might provoke an arrest, even if it is unjustified. In such situations, the way a person responds can have profound consequences. Therefore, it is in your best interest to speak with an attorney as soon as possible. Since not every arrest in Germany is based on sufficient legal grounding, it is essential to know about your rights and options. Therefore, being advised by a lawyer with the required knowledge and experience can be the crucial difference for your proceedings.

Even if an individual has an extradition request or an extradition warrant issued towards them, detention will not necessarily be justified. For legitimate detention, further reasoning is required. An Interpol Red Notice can only be a reason for temporary detention. A red notice is based on a national arrest warrant, whereas it is not an international arrest warrant. Instead, it is an international request for the assistance of other states to locate and temporarily arrest an individual. How a state responds to such a request is thereby not prescribed. We can tell from our experience, though, that in Germany, an Interpol Red Notice usually leads to immediate arrest. In most cases, an extradition request will follow after the state that issued the red notice was informed about the arrest.

After receiving an extradition request from the state which issued the Interpol Red Notice, according to German law, there are particular reasons which justify detention until the extradition is exercised. Amongst others, detention can be ordered whenever there is a risk that the individual could evade extradition proceedings (danger of flight). Moreover, detention can be ordered by a court if there is a danger of collusion. This is the case if an individual is likely to suppress evidence and, thus, complicate court proceedings in the requesting state.

However, detention of an individual is categorically rejected if the extradition seems to be unlawful a priori.

Even if you do not find yourself responsible for any legal offence, it is a good idea to consult with a lawyer before answering any questions the authorities might ask you. You do not need to be afraid that professional legal advice could make you suspicious; it is just a tool to ensure your rights are protected. The presumption of innocence and your right to remain silent must always be considered. You need to be aware that whatever you say to the authorities might be used against you.

On some occasions, cooperation may help your situation. To figure out, what is best for you and your case, it is essential to have the required expertise. Therefore, you should only rely on professional legal advice. Thanks to extensive experience, our highly specialized lawyers know how to assist our clients to get out of detention as soon as possible. If you find yourself in such a situation, do not hesitate to contact our team of extradition lawyers.

Finding yourself arrested in Germany with the option of being extradited to another country is incredibly stressful for anyone and, additionally, a serious legal matter. As soon as a person gets detained, constitutional human rights are concerned. To achieve the best result for you in such an important matter, you should totally understand all procedures and steps of arrest and extradition. On this account, you should not hesitate to contact our professional extradition lawyers. In Germany, it is necessary under § 40 I IRG to be represented by a lawyer as soon as custody prior to extradition is ordered by a court.

To ensure the best possible defence for your case you should choose a law firm specialized in extradition law and Interpol proceedings in Germany. As this legal matter is fundamentally different to other criminal issues, the defence has to be based on special strategic considerations. The legal assessment of the individual case might be difficult as well as specific knowledge of the particular field of law is required. Due to our highly qualified professionals with extensive experience, our team at Schlun & Elseven has successfully solved a wide range of cases concerning clients arrested in Germany who have faced extradition.

As a modern law firm, we are capable of communicating with teams of lawyers from all over the world and assisting our clients in various languages. Thanks to our personal commitment and full service, we can offer our clients the legal support they need and the success rate they search for when they find themselves in such stressful situations.