European Arrest Warrants & pretrial custody releases

The arrest of a relative is an extreme situation. Remand custody (U-Haft) catches people unprepared and immediately isolates them from the outside world.

When an arrest warrant has been executed, every hour counts. The person concerned must be brought before a magistrate (Haftrichter) no later than the day following the arrest. This is where it is decided whether they must go to a correctional facility (JVA) or will be released.

Grounds for Remand Custody

An arrest warrant is only issued if there is urgent suspicion of a crime and a ground for detention. The most common grounds are:

• Flight Risk (Fluchtgefahr): The judiciary assumes the accused might evade proceedings (e.g., due to a high expected sentence or lack of a fixed abode).
• Risk of Collusion (Verdunkelungsgefahr): There is concern that evidence might be destroyed or witnesses influenced.
• Risk of Recurrence (Wiederholungsgefahr): In the case of certain serious offenses.

Our Strategy Against Detention

I immediately check whether the arrest warrant can be revoked or suspended. The goal is always the client's freedom.

• Detention Review (Haftprüfung): Oral hearing before the investigating judge. We often achieve a suspension under conditions here (e.g., reporting duties, bail).
• Complaint Against Detention (Haftbeschwerde): Review of the decision by the next higher court (e.g., Regional Court Mannheim) if legal errors are present.

For Relatives: What You Can Do Now

As a relative, you often feel helpless because contact is blocked. Follow these steps:

1. Instruct Us: Relatives (spouses, parents, children) can also mandate the lawyer.
2. Visiting Permit & Laundry: We take care of the visiting permit and clarify which clothing or funds may be brought into the correctional facility.
3. No Letters About the Case: Never write about the alleged offense in letters. Mail is read by the judge and the public prosecutor!

European Arrest Warrants and Pretrial Detention

Not all Warrants are domestic. If a European Arrest Warrant has been issued, the situation is considerably more complex: cross-border surrender procedures apply, translation requirements must be observed, and strict deadlines govern every step. We handle European Arrest Warrants and coordinate with defense colleagues in the issuing country where necessary. In pretrial detention cases our first move is always to apply for a detention review hearing to challenge both the legal grounds and proportionality of remand. Pretrial custody is only lawful when specific statutory grounds — flight risk, risk of evidence tampering, or severity of the alleged offense — are properly established. Where those grounds are absent or weakly supported, we push for immediate releases. Even when detention continues, we secure visiting rights and the best possible conditions throughout the process.

Reach us immediately on our 24-hour emergency line if a family member has been arrested. We will contact the detention facility, arrange visiting rights as quickly as legally possible, and file the first detention review application within hours.

Our Mannheim office is available around the clock for arrest and detention emergencies.

Information valid as of: February 2026