What should I ask my lawyer?

There are a lot of questions that only a locally-qualified lawyer can answer. Below are some suggested questions, but please note that this list is not exhaustive. There may be questions below which are not relevant to your case and you may well have a lot more to ask.

Your rights:

• What are your rights?
• What right do you have to legal representation, legal aid, family visits/contact with family by letter or telephone?
• What right does your consulate have to visit you?
• If you don’t speak the language of the court, will you have an interpreter? Will you receive a translation of the court summons / court decision / other documents in the case?
• Can they explain the prison system? What about prison transfers?

Information about the case against you:

Ask whether the investigation against you is complete and, if not, when it will be completed?

• What is the likely timetable for the trial? When is the next hearing; what is going to be discussed or decided? When will your case come to trial?
• When and how will you be given the details of the case against you?
• How serious is the case against you and how likely is a guilty verdict?
• What is the maximum sentence that the judge can hand down? What is the likely sentence?

Pre-trial detention or conditional release on bail:

• How long can you legally be held in custody by the police before:
  (a) They formally tell you what the allegations against you are (normally referred to as the ‘charges’); and
  (b) Your trial begins?
• If the officers intend to keep you in custody, when can you apply for bail, and what would help you getting bail (e.g. a place you can stay nearby, a clean previous criminal record)?
• Tell your lawyer if there is a place where you could stay on your own, with family or friends in the country of arrest, as this may help you avoid pre-trial detention.
• How regularly will you appear in court for the judge to review the police decision to keep you in custody?

This is not a substitute for legal advice and, because every case is different and legal systems around the world vary so much, we cannot guarantee that the answers will be applicable to your own case. For advice about your own situation, you should talk to a lawyer qualified in the jurisdiction where you are being prosecuted.

The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials International makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials International disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided.

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