After an arrest, the investigator can ask the court to order pretrial detention. An arrested person must be released or brought before a court within 72 hours, and only a court can order detention. At this hearing a bail lawyer in Armenia argues that the person can stay free or under a milder measure while the case goes on. If detention has already been ordered, the lawyer appeals it and asks the court to change the measure.
How the detention hearing works
- The investigator or the prosecutor files a motion for detention with the court.
- The defense has the right to see the materials on which the motion is based.
- The person is present at the hearing and can speak. The advocate presents arguments and documents.
- The judge decides: detention for a fixed period, a milder measure, or release.
Documents that are not ready on the day of the hearing cannot help on that day. Relatives must start to collect them at once. The first steps for the family are on the page when a relative is detained.
What not to do before the hearing
- Do not give statements about the case before you talk to the advocate.
- Relatives must not call the witnesses or the victim. The prosecution can present such a call as pressure, and it becomes an argument for detention.
- Do not hide previous convictions or other cases from the advocate. The prosecution will name them, and the defense must be ready.
What the prosecution must prove
The burden of proof is on the prosecution. The court must find:
- a reasonable suspicion that the person committed the crime;
- a real risk that the person will hide, put pressure on witnesses, destroy evidence or commit a new crime;
- that a milder measure cannot prevent this risk.
The gravity of the charge alone is not enough. The risk must rest on facts about this person and this case. The court must give reasons for its decision. When the reasons are general, the decision can be appealed.
Bail and other measures instead of detention
A court can choose bail, house arrest or another non-custodial measure instead of detention. The defense prepares documents that show that the person will not hide or interfere with the investigation:
- registration and a permanent address;
- family, children and other dependants;
- a job or a business;
- illnesses and medical records;
- no criminal record, and good conduct during the case, for example that he came to every summons;
- money for bail and its source.
Appeal against detention
A detention decision can be appealed to the Criminal Court of Appeal. The deadline is short, so the appeal is prepared right after the hearing. The defense can also ask the court to cancel or change the measure at any time when the circumstances change, for example when the key witnesses have already been questioned. The work of the higher courts is described on the appeals page.
Extension hearings
Detention is ordered for a fixed period. Only a court can extend it, at a new hearing. Each time, the prosecution must show that the risks still exist. The longer a person is held, the stronger the reasons must be. Each extension hearing is a new chance to ask for bail or house arrest.
How advocate Marukyan helps
Advocate Mnatsakan Marukyan is a member of the Chamber of Advocates of the Republic of Armenia (license №2550) and practices criminal defense only. On detention he:
- comes after the call and meets the client in private before the hearing;
- reads the motion and the materials and finds the weak points in the claimed risks;
- tells the relatives which documents to bring;
- argues at the hearing for release, bail or house arrest;
- appeals the detention decision in time;
- takes part in each extension hearing.
He works in Armenian, Russian and English. The first consultation is free. The office is at Athens street 3/3, Yerevan.
Call +374 91 403961, or write on WhatsApp or Telegram. Advocate Marukyan is available 24/7 for arrests and searches.