Arrested, or a relative was arrested? The first hours decide.

A detainee must be brought before a judge within 24 hours. Until then the police investigate, and what is said without advice stays in the file. A lawyer who reaches the station fast can affect the questioning, the decision to release, and the first hearing.

Written by the team at the law office of Adv. Aviad Hayat · updated 1.10.2026

052-642-4440

The police must explain to the detainee why they were arrested and what their rights are, notify a relative of the arrest and where they are held, and let them meet a lawyer without delay (sections 32 to 34 of the Arrests Law). Delaying the meeting is allowed only in defined circumstances, and usually no more than 24 hours.

Seven things to do in the first hour

1Find out where they are held, and send a lawyer thereThe police must notify a relative of the arrest and the place of detention, and of any transfer (section 33). A lawyer present at the station is heard before the officer decides whether to detain or release (section 28(b)), and can arrange release on conditions right there.
2For the detainee: do not talk before you have consultedThe right to silence and the right to consult a lawyer before questioning exist in detention too. Ask for a lawyer, and say you are waiting for them. Do not sign anything you have not read, and do not "explain" to the officer on the way to the station.
3Do not call others involvedNot the complainant, not witnesses, not alleged partners. Such a call is obstruction of justice (section 244 of the Penal Law) and a ground for extending detention. Even "just to ask what happened".
4Do not delete or hide anythingMessages, photos, property. Deletion after an arrest is evidence of obstruction, and it justifies a detention that otherwise would not be justified. Leave everything as it is, and let the lawyer decide.
5Bring medication and essentials to the stationA detainee is entitled to medical care, a bed, food and personal items from a set list, and items from outside can be handed over after inspection (Detention Conditions Regulations). Tell the lawyer about any medical or mental condition: it is a consideration at the hearing.
6Start preparing an alternative to detentionAn address for house arrest, two guarantors with pay slips, a passport to deposit, a letter from an employer, medical certificates. The judge must consider an alternative that infringes liberty less (section 21(b)), but only if one is presented.
7Do not talk to the media, and do not postA post saying "he is innocent" with details from the file can hurt him. From 2026 there is an automatic 48-hour ban on publishing a suspect's name (section 70(d1) of the Courts Law). Publication, if at all, only after advice.

These are general rules. At the detention hearing everything depends on the suspicion, the evidence and the alternative that can be presented.

A detainee's rights, by law

1To know why, and to hear the rightsThe officer must explain, in a language the detainee understands, the ground for arrest, the right to have a relative and a lawyer notified, the right to meet a lawyer and to have a defender, and how long they can be held. The detainee receives a list of lawyers and signs that the rights were explained.Arrests Law, sections 32 and 33(c)
2To be heard before the decision to detainBefore the officer in charge decides on detention, release or conditions, they must hear the person, after a caution that they need not say anything and that silence may strengthen the evidence. If there is no ground, the officer must release on the spot.Arrests Law, sections 27 and 28
3To meet a lawyer without delayThe meeting is private. It may be delayed a few hours to finish an urgent investigative act, up to 24 hours if the meeting would frustrate an arrest or evidence, and up to 48 hours in exceptional cases (saving life, security offences). In any case a reasonable opportunity to meet before the court hearing must be given.Arrests Law, section 34
4A judge within 24 hoursA detainee is brought before a judge as soon as possible, and no later than 24 hours from the arrest. A delay of up to 48 hours is allowed only for an urgent investigative act. On Sabbath and holidays there are special rules, but even then there is a cap.Arrests Law, sections 29 and 30
5To see the request and question the investigatorThe detention request includes a summary of the facts and information. At the hearing, defence counsel may cross-examine the police representative. Confidential material is seen only by the judge, and if the judge refuses confidentiality, the police may withdraw it, but not rely on it.Arrests Law, section 15
6A public defender for those who cannot payA detainee without means is entitled to a public defender, and the officer must inform them of this promptly. A minor is entitled to representation at detention hearings in any case. You can of course choose a private lawyer, at any stage.Public Defender Law, sections 18 and 19
7Phone, visits and itemsBefore an indictment: visits and phone calls only with the investigator's approval, but the detainee may ask that their lawyer's office be called. After an indictment: a daily call, a weekly visit of up to 30 minutes and up to three visitors, with photo ID. Items from outside are handed over after inspection.Detention Conditions Regulations, regulations 5 and 10; Prisons Regulations, regulations 26 and 27A

Minors: the parent is notified without delay, is entitled to be present at the questioning, and there is no night questioning. Detaining a minor is a last resort, with shorter periods (Youth Law, sections 9F to 10L).

From the arrest to the decision

Step 1The arrest and the stationAn officer may arrest without a warrant only on reasonable suspicion of an offence and on one of the grounds in the law: danger, flight risk, risk of obstruction, or a listed offence (section 23). At the station the officer in charge re-examines, hears the detainee, and decides: release, release on conditions, or detention.
Step 2The first 24 hoursQuestioning under caution, sometimes several rounds. A meeting with a lawyer. Tests, a search, seizure of a phone. The statement given here follows the case to its end.
Step 3The first detention hearingThe judge examines reasonable suspicion and a ground: obstruction, danger, or a special investigative need (up to five days, 15 cumulative). Defence counsel cross-examines the police representative and proposes an alternative. An extension of up to 15 days each time, and in practice usually a few days.
Step 4ExtensionsUp to 30 continuous days, and beyond that only with the Attorney General's approval. Without an indictment within 75 days, the detainee is released, unless a Supreme Court justice extended.
Step 5End of the investigationWhen the investigation ends, the detainee is released, unless a prosecutor declares that an indictment is about to be filed and there is a ground for detention until the end of proceedings. Then the prosecution has up to five more days (prosecutor's declaration).
Step 6Indictment and detention until the end of proceedingsThe judge examines prima facie evidence and a ground, and must consider an alternative: house arrest, guarantors, electronic monitoring, a detention report. The accused must be represented. Without a verdict within nine months, release, unless the Supreme Court extended.
Step 7Appeal and reviewAny detention decision can be appealed to the court above within 30 days. When there are new facts, changed circumstances or a long lapse of time, a review is requested in the same court.

According to the State Comptroller (2020), about 35% of detainees were released before reaching a judge, and at days-detention hearings the courts released about 56% of detainees. When the prosecution sought detention until the end of proceedings, the courts released about a third.

Four ways out of detention

Release at the stationOn conditions, without a judgeThe officer may release on agreed conditions: depositing a passport for up to three months, a no-contact order for up to 30 days, house arrest for up to five days, a ban from an area, bail. The bail amount and conditions can be appealed to the magistrates court within 14 days.
Release at the hearingWhen there is no ground, or there is an alternativeEven where there is reasonable suspicion, the judge must check whether the aim can be achieved in a way that infringes less. The presumption of innocence is the rule, and detention the exception (Ganimat, 1995). Here an alternative prepared in advance makes the difference.
Alternative to detentionHouse arrest, guarantors, electronic monitoringFull or partial house arrest with guarantors the judge believes, a deposit, a no-contact order, and sometimes an electronic bracelet (section 22B) or probation officer supervision. The judge may request a detention report before deciding.
Appeal and reviewThe second hearingAppeal to the district court within 30 days, before a single judge. Review when circumstances have changed: the investigation progressed, witnesses were already questioned, guarantors were found. Many releases come at this stage, not the first.

Sources: Arrests Law, sections 21, 22B, 42 to 48, 52 and 53. Even strong prima facie evidence does not require detention if an alternative dispels the danger (Zada, 1996).

What we actually do

In the first hourWe locate where they are held, reach the station, meet them before the questioning, and are heard before the officer decides on detention. Sometimes it all ends here, with release on conditions.
At the detention hearingWe read the request, cross-examine the police representative on the suspicion and the need for detention, and present a ready alternative: address, guarantors, deposit. In every court in the country, weekends included.
Building the alternativeWe work with the family: who the guarantors are, which address, what the framework is. When needed, we ask for a detention report or electronic monitoring. A good alternative is work, not luck.
AfterwardsAppeal, review, easing of conditions, and above all the case itself: the investigation, the hearing and the indictment. The arrest is the beginning, not the end.

The fee is set in advance, in writing, by stage. No surprises.

052-642-4440

Questions we are asked in the middle of the night

How do I find out where they are?

The police must notify a relative of the arrest and the place of detention (section 33). If nobody did, call the station nearest to the place of arrest and ask. We do this for you, and we know whom to ask.

Can I visit?

Before an indictment only with the investigator's approval, and in most cases not in the first days. After an indictment there is a weekly visit. The lawyer meets them without delay, and that is the channel in the first days.

Will they get a phone call?

Before an indictment, only with the investigator's approval. But they may ask that their lawyer's office be called. So it matters that they know the name and number.

How long can they be held?

Up to 24 hours before a judge (48 in an urgent case). The judge extends by up to 15 days each time, no more than 30 continuous days without the Attorney General's approval, and no more than 75 days without an indictment. In practice, most days-detentions last a few days.

What happens at the first hearing?

The police file a request with a summary of the facts. Defence counsel cross-examines the police representative, argues lack of ground or an alternative, and the judge decides: release, release on conditions, or extension. Confidential material is seen only by the judge.

What is "prima facie evidence"?

Raw evidence with the potential to convict, without deciding credibility. It is the threshold for detention until the end of proceedings. Even when it is met, the judge must check whether an alternative dispels the danger (Zada, 1996).

House arrest with an electronic bracelet, how does it work?

The judge may order detention under electronic monitoring instead of custody, when bail alone is not enough (section 22B). You need an address, guarantors, and usually human supervision too. In listed serious offences, only for special reasons.

They are a minor. What is different?

The parent is notified without delay and is entitled to be present at the questioning. No night questioning. Under 14, a judge within 12 hours. Extensions of up to 10 days (20 cumulative), and a public defender at every detention hearing.

They were released on harsh conditions. Can they be changed?

Yes. An officer's release conditions are appealed to the magistrates court within 14 days. A judge's conditions are reviewed when circumstances change, or appealed within 30 days.

They have a public defender. Why do we need you?

The Public Defender does important work. A private lawyer reaches the station in the first hour, meets them before the questioning, and builds the alternative with the family. Representation can be changed at any stage.

How much does it cost?

You will know the fee exactly, in writing, before committing. Coming to the station and the detention hearing are one stage; representation in the case itself is a separate stage. No surprises.

In the press, on detention hearings

26.04.2026 · WallaAppeal granted: the 26-year-old suspect released on conditions 25.08.2025 · makoThe Eilat brawl: "A false arrest of a law-abiding man"11.07.2022 · ynet"A brave decision is also possible: release"All mentions, by date

When were they arrested, and where?

Leave a number and we call back fast, at night too. A lawyer answers, not a call centre. No need to describe the suspicion in the form.