Have the police called you in for questioning in a criminal case?

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What happens when you are summoned for questioning? Do you have to show up? And what are your rights?

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An interview is a conversation between you and the police. The difference between an interrogation and a normal conversation is that interrogations are a bit more formal and both you and the police have to follow certain laws and rules.

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By questioning people who have information about the reported incident, the police will gather relevant information about what happened.

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The police must be objective in their investigation, and this also applies to the interview. If you are a suspect or accused in a case, the police must always collect both information that shows that you are guilty as a suspect and information that shows that you are innocent.

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Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.

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The distinction between being a suspect and a defendant

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When you are questioned by the police, you are either a victim, witness, suspect or accused in the case. The distinction between suspect and accused can be a little difficult to understand, but it depends, among other things, on whether the police have arrested you, searched your home or seized something from you.

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If a person has the status of a suspect, this will give them certain rights. They will obviously have the right to defend themselves against the suspicion. The person can also familiarize themselves with the case documents if this will not harm the investigation or others. Prior to questioning, the person must also be made aware of what the case is about and that they are not obliged to explain themselves. The person must also be informed that he or she has the right to be assisted by a defense counsel. However, as a rule, the public authorities will not pay for a defence counsel until the person has been charged, and in principle only if the prison sentence could be longer than six months.

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The status of an accused person carries additional rights that a suspect does not have. For example, the accused is entitled to a defense counsel at all stages of the proceedings. He also has the right to read the case file. Furthermore, the accused has the right to know the evidence against the charge and the evidence in favor of the charge. The accused may also refrain from commenting on matters that may contribute to his conviction. An accused person will also be entitled to compensation for unfair prosecution.

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Who can you bring with you?

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If you are a suspect or accused in a case and are being questioned, you have the right to have a lawyer with you; a defense lawyer. In some cases the defense counsel is paid for by the public authorities, in other cases you have to cover the costs yourself. There is free choice of defense counsel, which means that you can always choose the defense counsel of your choice.

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If you are a victim, you also have the right in some serious cases to be accompanied by a lawyer - a publicly funded legal aid lawyer - who can be present during questioning. In addition to a legal aid lawyer, the victim may also have a person you trust with you during questioning. This person should not be a witness in the case. In this case, he or she must be questioned before you, the victim, are questioned.

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Questioning of persons under 18 years of age

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If you are under 18 years old, suspected or accused and are being questioned, your parents or guardians and the child protection services must be notified and given the opportunity to be present during the questioning if possible.

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If you are a witness or victim and you are under 16 years old, your parents, guardian or someone else you trust should be allowed to join you.

If you have any questions about the article or want to talk about a case, you can contact us at Insa lawyers - at no cost to you here.

Have your children been placed in emergency care by child protection services?

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Pursuant to Section 4-2 of the Child Welfare Act, the child welfare service may make an emergency decision and place the children in an emergency placement outside the home. The condition is that there must be an acute risk that the children will suffer significant harm if the decision is not implemented immediately. The wording of the provision sets a high threshold, and emergency decisions can only be made in the most serious cases. For example, suspicion of violence against the children or substance-abusing parents may lead to emergency placement. We have also found that the CPS makes emergency placements if the parents have mental and/or physical health problems.

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Procedure and appeal against an emergency decision  

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After the CPS has issued an emergency decision, the decision must be approved by the Child Welfare and Health Board (formerly called the "County Board for Child Welfare and Social Affairs"). However, the CPS implements the emergency decision immediately and by force. Often, parents are not informed of the emergency decision until after the children have been placed in an emergency placement. The parents are therefore not given the opportunity to comment on the case until after the children have been moved.

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After the Child Protection and Health Board (the Board) has approved the emergency decision, the decision can be appealed to the Board. The Board will hold a small hearing administered by a chairperson of the Board. During the hearing, the parents and the CPS will have the opportunity to present their side of the case and to provide any necessary evidence. The Board must hear the appeal and make a decision within one week of the appeal being lodged.

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An emergency decision is valid only as long as the situation is acute. Furthermore, the CPS cannot maintain an emergency decision if less intrusive measures can alleviate the acute situation. For example, if the CPS has concerns about substance abuse, regular drug testing may remove or reduce the concern to an acceptable level. In this case, emergency placement will no longer be proportionate or necessary, and the emergency decision must then be revoked.

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If the Board finds in favor of the parents, the child welfare authorities must return the children immediately. If the parents are unsuccessful, the Board's decision can be appealed to the District Court.

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Legal assistance

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You are entitled to free legal aid without means testing when the child welfare authorities make emergency decisions and place your children in emergency care. All legal assistance is free of charge and it is therefore important to contact a lawyer immediately. The lawyer will be able to give advice, contact the CPS to establish a dialog, obtain the case documents, as well as appeal the emergency decision and assist the parents through the entire appeal process.

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In conclusion

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An emergency placement of children is very invasive, dramatic and traumatizing for both parents and children. It is therefore natural for strong emotions to be stirred up, but our recommendation is to try to remain calm as far as possible. Be very careful what you say to the CPS in this first period after an emergency placement, as the CPS will document everything you say and do. Often there are unfortunate misunderstandings that follow the further course of the case. Therefore, hire a lawyer as soon as possible and leave the communication to them.

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Our lawyers at Insa advokater have extensive experience in child protection cases and can assist you in your case. Get in touch with us here. 

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You have the right to be assisted by a legal aid lawyer if you have been the victim of a criminal offense.

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What can a legal aid lawyer do for you?

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The task of a legal aid lawyer is to safeguard the interests of the victim and the bereaved in connection with the investigation and trial. In addition, the legal aid lawyer must provide other help and support that is natural and reasonable in connection with the case.

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You can contact a legal aid lawyer yourself when you have been the victim of a criminal offense. The legal aid lawyer will give you advice and guidance on how to proceed in your case and what you need to prepare for. The lawyer will assess whether you are entitled to have a court-appointed counsel and may apply to the court for appointment. The offense must be reported in order to apply to the court for appointment. Read more about when you are entitled to have a court-appointed counsel here.

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You can get help to report the incident to the police and your lawyer can accompany you during questioning and liaise with the police during the investigation.

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If you report the offense yourself, the police have a duty - already at the first contact with you as the victim - to inform you of the possibility of having a lawyer appointed. You can then get help from the police to find a suitable lawyer, or you can find one yourself.

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During the investigation, your legal aid lawyer will keep you updated on what is happening in your case and may ask the police to take investigative steps that you want to be taken.

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If the matter is reported and your case is dropped, your lawyer can help you appeal against the dropping of the case.

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If the case is brought to court, the legal aid lawyer can represent you and give you advice and guidance during the legal proceedings. The legal aid lawyer can make a claim for compensation on your behalf in the court proceedings. In addition, the lawyer can help you apply for compensation from the state.

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Security for victims in criminal proceedings

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If you have been the victim of a criminal offense, it can be reassuring to be assisted by a legal aid lawyer. The lawyer can accompany you through the entire process, from the report to the trial, in a reassuring and responsible manner. They can also be a safe person for you as a victim or survivor - someone who ensures that your rights are safeguarded, someone who knows your case and is available to you, and someone who can guide you to various support services if you need it.

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We at Insa advokater can help you assess your case and assist you as a legal aid lawyer. Contact us for an informal discussion here!