Arrested In Turkey: What To Do

Getting arrested in a foreign country can cause a lot of distress for both the arrested person and his/her close relatives for several reasons. While the language barrier prevents an understanding of the ongoing situation neither the detainee nor their relatives knows anything about the Turkish law and the system. This short article aims to briefly inform an arrested person and their close relatives of the process they will undergo.

According to the Turkish Criminal Procedure Code an arrest begins with custody which means the temporary restriction and detention of the person in order to complete the proceedings against the arrested person in a manner that will not harm his / her health within the legal period until the decision of release before the competent judge or according to the prosecution.

This phase is at utmost importance because the statement of the detainee is taken at this stage which determines whether the detainee will be arrested or not.

In other words a precondition for an arrest is custody which can last up to 24 hours unless there is a collective crime or crime of terrorism in which case the custody may be prolonged up to four days.

During this 24-hour period it is vital to have access to a lawyer with experience in criminal law and who has the language skills necessary to advise their client on the legal process they are being subject to.

The Procedure

To briefly explain the arrest and custody procedure in Turkey; the arrested person will be taken to a doctor for examination so that his/her health condition is determined before taking them to the detention room. The aim is to prevent allegations of and actions of any kind of torture and ill-treatment. Therefore the suspect is mandated to be taken to a doctor’s examination both before the detention and the exit procedures take place.

An attorney will ensure that there hasn’t been any kind of torture and ill-treatment by being able to meet the detainee in a private room where the detainee can freely express him/herself. Before the formal statement is taken, the attorney informs the detainee of his/her rights, listens to his/her complaints, and prepares the detainee for the formal statement while preparing a formal legal defence. Therefore it is very important for the attorney to have a good command of English and to have experience in working with foreign clients.

 

Your Rights if Arrested in Turkey

A frequent question we receive is whether the detainee has the right to meet his/her relatives. Meeting with a detainee is a right only available to his lawyer. Relatives or friends do not have the right to meet with the person in custody. Yet the detainee has the right to their relatives notified of their detention. Often it is that person who contacts Advocate Abroad on behalf of the person who has been arrested.

Another question our clients ask is regarding the notification of their embassy. It is mandatory for the police or the prosecution to notify the embassy unless the detainee demands otherwise in a written form. However there is an exception to this rule; if the detainee is a citizen of Russia, Lithuania, China, Georgia, Turkmenistan, Kazakhstan, Azerbaijan or Uzbekistan the embassy will only be notified if this is formally requested by the detainee. Lastly the detainee has the right to a translator during each procedure, including statement taking.

The detainee has the right to the legal assistance of an attorney as well as the right to “choose” an attorney. In case the detainee does not know any lawyer, the Turkish government will be able to appoint a legal aid lawyer to assist him/her only if the alleged crime carries a punishment of five-years or more imprisonment.

So, if a friend or family member is arrested in Turkey, they will be assisted with a legal aid lawyer only when detained on suspicion of serious crimes. We do not recommend a legal aid lawyer since this lawyer cannot be chosen which means neither the detainee nor the relatives can be sure that this professional is used to working with foreign clients or indeed, if they can speak English.

The only information we require is either an investigation file number or a court reference number in order to examine the documents, which will contain the evidence and charges against the arrested person.

Despite modern times, it is very worth caring for a proper English-speaking lawyer onbeforehand eventually being arrested in Turkey rather than having to make use of this dreadful list

You may be interested in the following services...

Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Assault Charges

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

Being accused with carrying-out an assault can result in a range of offences -from relatively minor charges to the most serious on the country’s statute books.

In any case, the presence of an experienced criminal lawyer, who speaks your language, can be absolutely vital in determining the severity of any sentence or indeed receiving an acquittal

2What does this service consist of?

  • Discussion with an experienced English-speaking lawyer to determine the nature of the charges
  • The lawyer will develop a defence strategy based on the facts of the case and the circumstances
  • Representation in local courts and advice throughout the trial

 

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Cases of Alleged Domestic Violence

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this service for?

There has been an undeniable increase in incidences of alleged domestic violence in much of the world. Similar to other areas of the criminal law covering assault, it is an area that the law has difficulties dealing with, given that typically, it relies on alternative versions of the facts of the case by the protaganists.

Another situation that English-speakers in particular, who are living or spending time abroad, can find themselves having to deal with, is appearing in the local domestic violence courts after having been involved in heated arguments with their partners in public.

This can be a result of the language barrier when local police get involved, as well, unfortunately, as a result of alcohol having been consumed in many cases.

 

2What does this service consist of?

  • Discussion with an experienced English-speaking criminal defence lawyer to determine the nature of the charges
  • Your lawyer will develop a defence strategy based on the facts of the case and the circumstances
  • Your lawyer will seek to negotiate with the public prosecutor to have any charges reduced
  • Representation in local courts and advice throughout the legal proceedings

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Criminal Damage Charges

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

A common offence among young people can be the possession of drugs.

Such legal convictions can impact later life opportunities and it is important to deal with them with the appropriate level of seriousness.

More serious offences involving the production and/or trafficking of prescribed drugs can result in the deprivation of liberty for considerable periods of time in a remote country, without local language abilities.

Representation by an experienced criminal defence lawyer is absolutely vital to obtain the best result possible.

2What does this service consist of?

  • Discussion with an experienced English-speaking lawyer to determine the nature of the charges
  • The lawyer will develop a defence strategy based on the facts of the case and the circumstances
  • Representation in local courts and advice throughout the trial

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Drink Driving Offences

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this service for?

Driving while under the influence of alcohol or drugs normally will constitute an administrative infraction, though in certain cases may result in criminal charges.

The penalties range from fines to confiscation of your driving license to a prison term or community service.

2Types of Offence

Administrative Offence

If the results obtained from the breathalyser test exceed 0.25 milligrams per litre (0.15 for professional drivers and drivers with less than two year's driving experience), the driver will receive a €500 fine.

Should the test register an amount above 0.5 milligrams (0.3 for professionals and inexperienced drivers) or if the driver has been fined for the same reason in the previous 12 months, the fine doubles to €1,000. The driver will also lose their driving license for a specified period of time.

Criminal Offence

Criminal charges for driving while under the influence of alcohol in Spain will be pressed against any driver with a blood-alcohol level in excess of 0.60 milligrams per litre, as measured in a breathalyser test. A criminal offence may also be committed if the driver’s faculties are clearly affected by the ingestion of alcohol or drugs affecting the driver's ability to drive - even where the measured rate is below 0.60 milligrams per litre, or indeed if the driver refuses to take a breathalyser test.

Penalties

The penalties will depend upon the circumstances of the case, if anyone was injured or killed, if damage was done to property, if it is not a first offence etc

There will certainly be a fine and removal of your driving license as well, potentially, as a community service order or a prison term. You will also have a criminal record.

Important Advice!

Do not refuse to take a breathalyser test. To do so is an independent criminal offence, for which you will be charged, in addition to the prior offence of driving while under the influence of alcohol or drugs.

3What does this service consist of?

  • Discussion with an experienced English-speaking criminal lawyer to determine the nature of the charges
  • Preparation of the defence strategy
  • Negotiation with the public prosecutor
  • Representation in court proceedings

4Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Drugs Offences

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

A common offence among young people abroad is to be charged with possession - or the more serious offence of 'trafficking' - of drugs.

Such legal convictions can impact later life opportunities and it is important to deal with them with the appropriate level of seriousness.

More serious offences involving the production and/or trafficking of prescribed drugs can result in the deprivation of liberty for considerable periods of time in a remote country, without local language abilities.

Representation by an experienced criminal defence lawyer is absolutely vital to obtain the best result possible.

2What does this service consist of?

  • Discussion with an experienced English-speaking lawyer to determine the nature of the charges
  • The lawyer will develop a defence strategy based on the facts of the case and the circumstances
  • Representation in local courts and advice throughout the trial

 

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Extradition

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

Anyone may be detained pursuant to a warrant for their arrest issued by another country – most commonly in Europe under the auspices of the European Arrest Warrant.

A successful defence can arise where the specific offence does not existing in the country where the individual is detained.

Success can therefore require close collaboration between lawyers in both states.

2What does this service consist of?

  • Discussion with an experienced English-speaking lawyer to determine the nature of the charges
  • Development of your defence, including conferring with colleagues in the country seeking extradition, to determine if the offence charged is valid
  • Assessment of compliance of all regulations to determine if the authorities have complied

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Road Traffic Offences

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

One of the most common situations for English-speakers abroad is being stopped by the police for some type of infraction of the rules of the road.

Such offences range from speeding to death by dangerous driving, so the sentences that can result are equally varied.

Most important is having a lawyer who understands you and who will know how to mitigate any sentence that may be levied.

2What does this service consist of?

  • Discussion with an experienced English-speaking lawyer to determine the nature of the charges
  • Preparation of the defence/negotiation with the prosecutors
  • Representation in court – where required

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison (Oct 19, 2021)

Smuggling Offences

Location

Available in the following locations: Ankara, Antalya, Aydın, Bodrum, Istanbul, Izmir, Kocaeli , Kusadasi, Manisa , Mersin, Mugla.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

1Who is this Service for?

A common offence in Europe is that of smuggling.

The authorities are of course more and more keen to police national borders - especially as a result of the recent refugee crisis.

Accordingly those who either are not aware of allowances relating to tobacco alcohol, or who flout the rules regardless, or who are in possession of more illicit contraband, will be increasingly subject to stop and search, with predictable results.

2What does this service consist of?

  • Discussion with an experienced English-speaking lawyer to determine the nature of the charges
  • The lawyer will develop a defence strategy based on the facts of the case and the circumstances
  • Representation in local courts and advice throughout the trial

3Free Support Services Included

Support services

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

AdvocateAbroad.com Message
Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed