FAQ: What rights do I have when arrested in Dubai?

 If you are arrested in Dubai, it is crucial to understand your legal rights and how the arrest process works in the UAE. The legal system in Dubai follows both civil law and Sharia law, and while it is designed to uphold public order and protect individuals' rights, the process may differ significantly from what you might expect in other countries. Being aware of your rights when arrested can help you navigate the situation and ensure that you are treated fairly.

In this FAQ, we will outline your rights when arrested in Dubai, including what to expect during the arrest process, what you can do to protect yourself, and how a criminal lawyer in Dubai can assist you.

1. Right to Be Informed of the Charges Against You

Under UAE law, individuals who are arrested must be informed of the charges against them as soon as possible. However, the authorities may not immediately provide all details of the charges during the initial stages of the arrest. Typically, you will be informed of the reason for your arrest and the general nature of the allegations.

  • What you should know: If you are detained, the authorities must inform you of why you are being arrested. This could include the specific offense you are accused of, though additional details may be withheld at first during the investigation.

  • What you can do: If you are unsure of the charges, you can request clarification. Having a criminal lawyer in Dubai present at the earliest possible stage can help ensure that your rights are upheld and that you are fully informed of your situation.

2. Right to Legal Representation

In Dubai, you have the right to legal representation during the arrest process and throughout any subsequent investigations or legal proceedings. While you are not guaranteed an automatic lawyer upon arrest, you can request a lawyer of your choosing or ask for the assistance of a public defender if you cannot afford one.

  • What you should know: You are entitled to contact a lawyer as soon as you are arrested or detained. While this right is recognized, access to your lawyer may be delayed in certain circumstances, especially during the initial stages of investigation or if the crime is considered serious.

  • What you can do: Contact a criminal lawyer in Dubai immediately after your arrest. A lawyer will be able to protect your rights, advise you on how to proceed, and ensure that you are not coerced into making a confession or statement without legal counsel present.

3. Right to Remain Silent

In the UAE, individuals have the right to remain silent and not answer questions that may incriminate them during the arrest and investigation process. However, it’s important to note that remaining silent may have different implications depending on the nature of the case and the investigation.

  • What you should know: While you have the right to remain silent, it is important to exercise this right wisely. In some cases, cooperating with authorities can help avoid suspicion, but in other situations, especially if you are accused of a serious crime, remaining silent may be in your best interest.

  • What you can do: Inform the authorities that you wish to remain silent and wait for your lawyer before making any statements. A criminal lawyer in Dubai will guide you on the best course of action.

4. Right to Be Treated Humanely

The UAE constitution and international human rights laws require that individuals arrested in Dubai must be treated with dignity and respect. You are entitled to protection from ill-treatment, torture, or any form of abuse during your detention. If you experience mistreatment during arrest or detention, this is a serious violation of your rights.

  • What you should know: You are protected against physical abuse or any degrading treatment while in custody. If you believe your rights are being violated, you should report the matter to your lawyer or embassy as soon as possible.

  • What you can do: If you feel that you are being treated unfairly or subjected to abuse, immediately inform your criminal lawyer in Dubai, who can take legal action on your behalf. They can also help ensure that the proper procedures are followed, and you are not subjected to unlawful detention or mistreatment.

5. Right to a Prompt Hearing

According to UAE law, individuals who are arrested must be brought before a judge or the Public Prosecutor as soon as possible, generally within 48 hours of the arrest, for an initial hearing. During this hearing, the judge will decide whether to release you, continue your detention, or impose bail.

  • What you should know: If you are arrested, you cannot be detained for more than 48 hours without being formally charged or brought before a judge. In certain circumstances, such as ongoing investigations, detention can be extended, but a judge must review the case.

  • What you can do: After being arrested, you have the right to request a hearing with a judge. Your criminal lawyer in Dubai will represent you at this hearing and argue for your release or a reduction in your bail.

6. Right to Communicate with Family or Embassy

If you are a foreign national arrested in Dubai, you have the right to contact your embassy or consulate. Additionally, you can communicate with your family members, although there may be some limitations during the early stages of detention.

  • What you should know: While you do have the right to notify someone about your arrest, the authorities may delay communication if it could interfere with the investigation. However, it’s common practice for the authorities to allow detainees to inform their families and consular representatives within a reasonable timeframe.

  • What you can do: Ensure that you inform your criminal lawyer in Dubai and have them handle communications with your embassy or consulate. Your lawyer can also ensure that your family is notified, and any necessary support can be arranged.

7. Right to Bail

In certain criminal cases, you may be eligible for bail or release while awaiting trial. Bail is not granted automatically and depends on the severity of the offense and whether there is a risk of flight, further criminal activity, or tampering with evidence. For serious crimes, such as murder or drug trafficking, bail may be denied.

  • What you should know: If you are facing charges for a serious offense, bail may not be an option, but in less serious cases, you may be allowed to pay a bond or remain in detention under certain conditions until your trial. The decision for bail will be made by a judge based on the circumstances of your case.

  • What you can do: A criminal lawyer in Dubai can represent you in requesting bail and argue for your release. Your lawyer will present evidence to show that you are not a flight risk and that you will attend all future court proceedings.

8. Right to Appeal

If you are convicted of a crime, you have the right to appeal the verdict. The UAE legal system provides for appeals in criminal cases, where higher courts review the decision made by the lower courts. If you are not satisfied with the initial ruling, an appeal may be your best option.

  • What you should know: You have the right to appeal your conviction or the sentence imposed. An appeal will be heard by a higher court, which may reduce or dismiss the charges, alter the sentence, or order a retrial.

  • What you can do: If convicted, consult your criminal lawyer in Dubai to discuss the possibility of filing an appeal. A lawyer experienced in criminal defense can help you assess the strength of your case and advise you on the best way to proceed.

9. Duration of Detention Without Charge

As mentioned, under UAE law, you can only be detained without charge for a maximum of 48 hours. After this period, the Public Prosecutor or the judge will decide whether to extend your detention or release you on bail or other conditions. However, in certain cases, such as serious offenses or ongoing investigations, your detention can be extended for longer periods.

  • What you should know: The length of detention can be extended if there is a valid reason, but the authorities must present this reason to the judge. After 48 hours, you are entitled to a hearing where you can challenge the decision to keep you in custody.

  • What you can do: If you are detained beyond 48 hours, a criminal lawyer in Dubai can challenge the extension of your detention, ensuring that your rights are protected, and you are not held without just cause.

Conclusion

Being arrested in Dubai can be a stressful and overwhelming experience, especially if you are unfamiliar with the local legal system. However, understanding your rights during the arrest process can help protect you and ensure that you are treated fairly. Key rights include the right to know the charges against you, the right to legal representation, the right to remain silent, and the right to humane treatment.

If you are arrested in Dubai, it’s essential to seek the advice of a criminal lawyers in Dubai as soon as possible. A qualified lawyer will ensure that your rights are upheld, help you navigate the legal process, and offer expert guidance throughout the investigation and trial stages. Having legal representation will give you the best chance of a favorable outcome in your case

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