Received a Police Summons: What to Do Before You Go to the Station

Who this article is for

It is for someone who has just received a summons from a police investigator, or who knows a complaint has been filed and has been asked to come to the police station, but is unsure what to prepare.

The short answer: a summons is not an arrest warrant, and there is normally time to prepare before the appointment. It should not be ignored, though. If a suspect is summoned and does not go without a proper excuse, the law presumes the person will flee, which can lead to a court being asked for an arrest warrant. The first steps are to check the summons is genuine, see whether you are summoned as a witness or a suspect, and note the charge and the investigator's name.

This article is limited to the day you must go to the police station. A suspect's rights in detail, and bail, are covered in separate articles.

Where are you now?

You received a summons by LINE, text message, or a caller asks for a money transfer

Treat it as a possible fake. Look up the phone number of the police station named in the summons yourself, from an official source, and call to ask whether a case and a summons really exist. Do not transfer money, scan any QR code, or tap links that were sent to you. A genuine police case does not require anyone to pay money to "clear" it.

The summons says you are called as a "witness"

A witness is someone who may know something about the events, not the person accused. Within the first 7 days or before the appointment, whichever comes first, think through what you know and what documents relate to it. If reading the facts makes you feel they could point at you, speak with a lawyer before giving a statement, because your status can change as the facts emerge.

The summons says you are called as a "suspect"

Write down the charge, the complainant's name, the investigator's name, the police station, and the date and time from the summons. Photograph both sides of the document. If you truly cannot attend on that date, contact the investigator to ask for a new date, give your reason, and keep a written record of having done so.

You know a complaint was filed but no summons has arrived

Gather your own evidence, such as chats, contracts, transfer slips, photos, and names of people who saw what happened. Do not contact the complainant or witnesses to pressure them. Whether to go to the police before a summons arrives is a decision to discuss with a lawyer based on your facts.

What not to do

• Ignore the summons. The last paragraph of Section 66 of the Criminal Procedure Code says that if a suspect is summoned and does not attend without a proper excuse, the law presumes the person will flee, which is one reason a court may issue an arrest warrant. Asking for a postponement with a good reason is very different from simply going silent.
• Sign a statement you have not read or do not understand. What you say can be used as evidence. Read every line, and ask for corrections to anything that does not match what you said before you sign.
• Contact the complainant or witnesses to pressure them into withdrawing. This can be seen as interfering with evidence and may affect a decision on an arrest warrant or on bail. If a settlement is wanted, it should go through a lawyer or happen in front of the investigator.

Legal steps

1. The injured person files a complaint, or someone reports the offence. The investigator accepts the matter and may issue a summons for the suspect or witnesses to appear.
2. On the day, the investigator must tell you the charge and inform you of a suspect's rights, for example that you may give a statement or decline to, and that anything you say may be used as evidence.
3. During questioning, a suspect may have a lawyer or a person they trust present. Say so before questioning begins.
4. After questioning, you may be allowed to go home without being held, or you may be detained, depending on the charge and the circumstances. If you are detained, you can apply for bail.
5. The investigator gathers evidence and sends the file to the public prosecutor, who decides whether to bring charges. Only if charges are filed does the case go to court.
6. If a suspect does not attend a summons without a proper excuse, the law presumes the person will flee, and the investigator may ask the court for an arrest warrant (Criminal Procedure Code, Section 66, last paragraph). How many summonses are issued before that step depends on the case, so ask a lawyer or the investigator about your specific facts.

Checklist before going to the station

• Confirm the summons is genuine by calling the station on a number you looked up yourself.
• Check in what capacity you are summoned, the charge, who the complainant is, and who the investigator is.
• Note the date, time, and place clearly. If you genuinely cannot attend for a necessary reason, ask to postpone in advance, give the reason and keep proof.
• Review the events in order of time and write a short private summary to read before you go.
• Bring your ID card and the original summons.
• Decide beforehand whether a lawyer or a trusted person will come with you.
• If the charge could lead to detention, arrange in advance what security or helper you would need for bail.

At the station, read the record fully before signing, take notes or ask for a copy where you can, and feel free to ask what happens next and when you must return.

Documents a lawyer needs to see before assessing your case

• The summons, front and back, or a clear photograph of it
• The ID card of the person summoned
• Evidence connected to the allegation, such as chats, messages, contracts, transfer slips, photos
• A written timeline of events with approximate dates
• Names and contact details of your own witnesses
• The investigator's contact details and the name of the police station
• Documents about security that could be used for bail, if the charge could lead to detention

Relevant laws

• Criminal Procedure Code, Section 66, last paragraph: a suspect summoned who does not attend without a proper excuse is presumed to flee.
• Criminal Procedure Code, Section 134: the investigator must inform the suspect of the charge.
• Criminal Procedure Code, Section 134/4: notice of rights, such as the right to give or decline to give a statement, and that statements may be used as evidence.
• Criminal Procedure Code, Sections 7/1 and 134/3: the right to have a lawyer or trusted person present at questioning.
• Criminal Procedure Code, Section 39 (2): for offences that can be settled, a settlement or withdrawal of the complaint ends the right to prosecute.
• Criminal Code, Section 96: for offences that can be settled, the injured person must file the complaint within three months of learning of the offence and of the offender.

Frequently asked questions

What is the difference between a summons and an arrest warrant?
A summons is a notice to meet the investigator at a stated time. The person is not arrested. An arrest warrant is a court order to arrest someone, issued only when the legal conditions are met.

What happens if I do not go?
If you do not go without a proper excuse, the law presumes you will flee, which is a ground for a court to issue an arrest warrant. If you genuinely cannot attend, tell the investigator with your reason and keep proof that you did.

What if I cannot go on the date given?
Contact the investigator before the date, give your reason, and ask for a new date. Do it in writing or keep evidence that you told them, because whether an excuse is "proper" depends on the facts of each person.

May I bring a lawyer?
Yes. A suspect has the right to have a lawyer or a trusted person present during questioning. Tell the investigator before it begins.

May I decline to give a statement?
Yes. The investigator must tell the suspect that they may give a statement or not, and that statements may be used as evidence in court. How to answer depends on the facts of the case, so speak with a lawyer first.

Will I be detained straight away?
It depends on the charge and the circumstances. In some cases the suspect goes home after questioning, in others the person may be held. If you are held, you can apply for bail, which is covered in the bail article.

If the offence can be settled, can it be mediated?
Some offences can be settled. If the injured person settles or withdraws the complaint, the right to prosecute ends. Other offences cannot be settled, so a lawyer should check which type your charge is.

Conclusion

A summons is only a request to meet the investigator, not an arrest. What matters is to check that it is genuine, see your status and the charge, attend on the date or ask for a postponement with a reason, and read every line of the record before signing. If you would like your own situation reviewed, you can bring the summons and the documents listed above to a lawyer to check the facts of your case.