Detention in a Drug Case – Rights and First Steps

Detention in a drug case often begins unexpectedly during a police check, personal search or search of a vehicle or home. The first hours matter because statements, records and evidence collected at this stage may affect the entire criminal case.

Grounds and duration

Under Article 72 of the Bulgarian Ministry of Interior Act, the police may detain a person where the statutory grounds exist. Detention based on information that the person committed an offence may last up to 24 hours. A written order must state the factual and legal grounds, the date and time, and the detainee’s rights.

If the person is formally charged and the prosecutor intends to request remand in custody, prosecutorial detention for up to 72 hours may be ordered to bring the accused before a court. Only the court decides whether remand in custody is justified.

Rights of the detainee

The detainee is entitled to legal assistance from the moment of detention, notification of a relative, medical care and an interpreter where necessary. A copy of the detention order and written information about rights must be provided. The person may remain silent and should read every document before signing it.

When the person becomes an accused

An accused person has the right to know the allegation and the supporting evidence, to give or refuse explanations, present evidence, make requests and objections, appeal measures affecting their rights and consult a lawyer privately. Counsel may attend questioning and other procedural steps involving the accused.

What should be checked?

• the exact time and legal basis of detention;
• whether the written order contains concrete facts;
• whether the rights and access to counsel were ensured;
• how any personal search, search and seizure was performed;
• what was found, where it was found and how it was sealed;
• whether the evidence supports personal possession or intent to distribute.

Conclusion

Detention does not establish guilt. Its legality and every subsequent procedural step must be assessed on the facts of the individual case.

This article is general information and is not legal advice.

For assistance in a drug-related detention or criminal case, contact attorney Mihail Tomov, Varna Bar Association.