A sudden arrest of a family member, partner, or loved one by the police or other authorities in Poland is one of the most stressful situations anyone can face. In many cases, the family is left for several hours without knowing where the arrested person is, why they were arrested, or whether they have access to a lawyer. This situation frequently affects foreign nationals, tourists, foreign workers, or individuals living in Poland without knowledge of the language or local legal procedures.

If your loved one has been arrested in Poland and you have lost all contact with them, there is no need to panic. There are specific legal procedures and rights that can be exercised immediately following an arrest.

When can an arrest take place in Poland?

An arrest in Poland may be carried out by various state authorities, including the police, the Border Guard, the Internal Security Agency (ABW), the National Revenue Administration, or the Military Police. In practice, an arrest means a temporary deprivation of liberty and often occurs unexpectedly, affecting both Polish citizens and foreign nationals staying in Poland.

Most arrests are made on suspicion of a criminal offence or because urgent procedural actions must be carried out. Typical situations include involvement in a fight or altercation, driving under the influence of alcohol or drugs, drug-related offences, domestic violence, or the use of forged documents. In the case of foreign nationals, arrests are also frequently connected with issues concerning the legality of their stay or employment in Poland. An arrest may also take place on the basis of a European Arrest Warrant (EAW).

In practice, many families only learn about the arrest several hours later or receive no information for an extended period. This is particularly common when the arrested person is a foreign national, does not speak Polish, or is unfamiliar with their legal rights. Losing contact with a loved one after an arrest in Poland is one of the most common reasons why families living abroad contact our law firm. For this reason, it is crucial to establish the arrested person’s location as quickly as possible and ensure that they receive legal assistance from the very first hours of the proceedings.

In practice, it is also common for the family to be informed of the arrest only after several hours—or not at all.

I have lost contact with the arrested person – where should I start?

The first step is to determine where the person was last seen and whether they may have had contact with the police or any other authority. It is worth checking whether they were stopped during a traffic inspection, involved in a police intervention, arrested at the airport, or experienced any other event that could have resulted in a deprivation of liberty. This information often makes it possible to identify the relevant police station or authority handling the case.

In practice, the Polish police do not always provide detailed information to family members or third parties, especially where criminal proceedings are involved. For this reason, the assistance of a lawyer or legal counsel is often essential from the very first hours following the arrest. A legal representative can more quickly determine where the arrested person is being held, establish the status of the case, and contact the competent authorities.

Under Polish law, every arrested person has the right to contact a lawyer and to designate a person who should be informed about their arrest. In practice, however, delays and communication difficulties are very common. The arrested person’s phone may be seized by the police, they may not know any phone numbers by heart, or they may not speak Polish. The situation is particularly difficult for foreign nationals who are unfamiliar with Polish procedures and their legal rights.

For this reason, if you have lost contact with someone who has been arrested in Poland, it is essential to act quickly. An immediate response and legal assistance can have a significant impact on the course of the proceedings and on protecting the arrested person’s rights.

How long can the police detain an arrested person?

A police arrest in Poland may last for a maximum of 48 hours. During this period, the authorities carry out the initial procedural steps, conduct interviews, and decide how the proceedings should continue.

Within those 48 hours, the public prosecutor may decide to release the arrested person, apply preventive measures, or submit an application to the court for pre-trial detention. If the court is required to examine such an application, the person may remain deprived of their liberty until the court issues its decision. In practice, this means that losing contact with the arrested person for several dozen hours is not unusual, particularly in criminal cases or those involving foreign nationals.

This difficult situation very often concerns people from abroad. Foreign nationals arrested in Poland frequently do not know what rights they have, what documents they are signing, or whether they should make statements before consulting a lawyer. They also face difficulties resulting from unfamiliarity with the Polish criminal justice system and language barriers. In practice, it is not uncommon for a suitable interpreter to be unavailable, for communication with family members abroad to be difficult, or for issues concerning immigration status to arise.

In some cases, the arrest of a foreign national may also result in proceedings before the Border Guard, a decision requiring the person to leave Poland, or even the risk of deportation.

When a foreign national is arrested, it is particularly important that legal assistance is provided in a language they understand. This helps prevent them from signing documents without fully understanding their content or making decisions that could negatively affect the outcome of the proceedings.

Lawyer or legal counsel after an arrest – why is it important to act quickly?

The first hours following an arrest often have a decisive influence on the entire criminal proceedings. For this reason, contacting a lawyer or legal counsel without delay may be essential to protecting the arrested person’s rights.

In practice, a lawyer can first establish where the arrested person is being held and contact the relevant police station, prosecutor’s office, or Border Guard authority. For families who have no information about their loved one, this is often the first step towards understanding what actually happened after the arrest and where the person is currently being detained.

Legal assistance following an arrest also includes participation in interviews and ensuring that the arrested person’s rights under Polish law are respected. This is particularly important where the arrested person is a foreign national, does not speak Polish, or does not understand the legal procedures applicable in Poland. A lawyer or legal counsel can explain the consequences of any statements made, review documents presented for signature, and ensure that an interpreter is present whenever necessary.

Another key aspect of legal representation is verifying whether the arrest itself was lawful. In certain situations, it is possible to challenge the legality of an arrest if the arrested person’s rights have been violated or if the arrest was unjustified. Prompt intervention by a lawyer may also reduce the risk of pre-trial detention or other preventive measures being imposed.

In cases involving foreign nationals, a lawyer can also assist in contacting family members abroad and arranging communication with the relevant consulate. This is particularly important in matters involving immigration issues, the risk of deportation, or an arrest based on a European Arrest Warrant (EAW).

Do you need urgent legal assistance after the arrest of a loved one?

If your family member or loved one has been arrested in Poland and you have lost contact with them, acting quickly may be crucial to the outcome of the case.