What rights do I have as a foreigner in case of arrest?
September 25, 2022 | 40,00 EUR | answered by Adele Gerdes
Dear Foreign Law Attorney,
My name is Lucas Sauer and I am a foreign national who has been living in Germany for several years. Recently, I was arrested during a police control and I am very concerned about what rights I have as a foreigner in this case.
My situation is that I have never been in trouble with the law before and I am not sure why I was arrested. The current situation is that I am in an uncertain position and do not know what steps I can take as a foreigner to protect my rights.
My concerns are that I may be disadvantaged or treated unfairly due to my foreign background. I am afraid that I will not be informed about my rights or that important information will be withheld from me.
Therefore, I ask you what rights I have as a foreigner in case of arrest and how I can best protect myself. Are there specific laws or regulations that protect the rights of foreign nationals in Germany? What steps should I take to ensure that my rights are respected?
I seek your support and advice in this matter, as I am in an uncertain situation and urgently need your expertise. Thank you in advance for your help.
Sincerely,
Lucas Sauer
Dear Mr. Sauer,
Thank you for your inquiry regarding your rights as a foreign citizen in the event of an arrest in Germany. It is understandable that you are in an uncertain situation and concerned about your rights. As an immigration lawyer, I would like to provide you with some information and advice to assist you in this matter.
First and foremost, it is important to know that foreign citizens in Germany also have certain rights that are enshrined in the Basic Law and other laws. If you have been arrested during a police check, you have the right to a legal treatment and a fair trial. This includes, among other things, the right to be informed of the reason for your arrest and to have an interpreter provided to you if you are not proficient in the German language.
Furthermore, you have the right to consult with and be represented by a lawyer. A lawyer can help you protect your rights and support you throughout the entire process. It is advisable to engage a lawyer as soon as possible to ensure that your rights are not violated.
As a foreign citizen, you also have the right to consular support from the embassy of your home country. If you are arrested, you can contact the consular representations of your country in Germany to receive assistance and advice.
There are also specific regulations and laws that protect the rights of foreigners in Germany, such as the Residence Act or the Asylum Act. These laws govern, among other things, your residency status, rights, and obligations as a foreigner in Germany.
Overall, it is important that you thoroughly inform yourself in such a situation and seek professional help to protect your rights. Do not hesitate to contact me or another immigration lawyer for further assistance.
I hope this information is helpful to you and I am available at any time to answer your questions and support you in this matter.
Sincerely,
Adele Gerdes
