Summoned for questioning under caution? Do not go alone.

What you say, or do not say, in the interrogation room can decide the case. The lawyer does not enter the room with you, so one preparation meeting before the date changes the picture, and sometimes the date itself.

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

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Questioning 'under caution' means you are a suspect, not a witness. The investigator must tell you what you are suspected of, that you have the right to remain silent, and that you have the right to consult a lawyer before questioning. The right to consult is anchored in section 34 of the Arrests Law and in the Supreme Court's Yissacharov ruling (Cr.A. 5121/98), which excluded a confession taken in breach of it.

Seven rules from the moment you are summoned

1Do not call the investigator to 'understand what it is about'A friendly chat with the investigator is part of the investigation, even without a caution. Let the lawyer talk to them: they will clarify the suspicion, arrange a convenient date, and give nothing away.
2Do not ignore the summonsNo law forces you to attend a phone summons, but a concern that you will not show up for questioning is a ground for arrest without a warrant (section 23 of the Arrests Law). Better to arrive prepared, on a date agreed in advance, than to be collected from work by a patrol car.
3Do not discuss the matter with anyoneNot with friends, not with others involved, not in messages. Talking to a witness or another person involved can be read as coordinating versions, and written messages are evidence. Only the conversation with a lawyer is privileged.
4Do not delete anything from your phone or computerDeleting messages, photos or files after learning of an investigation can count as obstruction of justice (section 244 of the Penal Law, up to three years in prison), even if they contain nothing. Sometimes the obstruction is the only case left.
5Do not hand over a phone or password 'by consent' without adviceSearching a phone requires a judge's warrant. Consent is valid only in writing, freely given, and after you were told you may refuse (the Urich ruling). Refusing is not an offence and is not evidence against you.
6Write down what you rememberDates, people, messages you kept, documents. For yourself only, to bring to the preparation meeting. Memory fades, and there is no time to reconstruct it in the interrogation room.
7Book a preparation meeting before the dateOne hour in which we work out together the likely suspicion, what the investigator probably already knows, and how to answer, or stay silent. If the date is too close, we ask the investigator for a postponement. In most cases it is granted.

These are general rules for any questioning. In the preparation meeting we build answers for the specific suspicion and what you know.

Your rights in the interrogation room

1To know what you are suspected ofAt the start, the investigator must state the suspicion and caution you. Anyone questioned 'as a witness' and cautioned only midway is entitled to examine what happens to everything said before the caution.Yissacharov ruling (Cr.A. 5121/98) and police procedures
2To remain silentThe caution reads: 'You are not obliged to say anything, anything you say may be used as evidence against you, and your refusal to answer may strengthen the evidence against you.' In other words: a suspect has a full right to silence, but it is not free. Silence can serve to corroborate the prosecution's evidence at trial. When to speak and when to stay silent is the central decision of the preparation.Criminal Procedure (Evidence) Ordinance, section 2; Criminal Procedure Law, section 162
3To consult a lawyer before questioningThe investigator must inform you of this right and record that they did. If you ask for a lawyer, you must be allowed to consult, by phone too, before answering. The lawyer does not sit in the room, but you may ask for a break to consult them again. A confession taken in breach of this right may be excluded.Arrests Law, section 34; Yissacharov ruling
4To be questioned in your languageThe questioning is conducted in a language you understand and speak. If it cannot be recorded in writing in that language, it must be recorded on video or audio.Criminal Procedure (Interrogation of Suspects) Law, 2002, sections 2 and 8
5Full recording in serious offencesSuspicion of an offence carrying ten years in prison or more: the whole questioning is filmed, from start to finish. In other offences the record may be in writing only, and then the statement you sign is what remains. Read every line before signing, and insist on corrections.Interrogation of Suspects Law, sections 4 and 7 and the Schedule
6Your phoneSearching a phone or computer requires a judge's warrant. Consent is valid only if given in writing, freely, after you were told you may refuse. In August 2025 the High Court of Justice held that the police have no authority to search on the basis of consent alone, and the rule takes full effect within 18 months unless the Knesset legislates otherwise.Cr.App.Req. 7917/19 Urich; High Court of Justice, Public Defender's petition, 31.8.2025
7Polygraph: only by consentYou cannot be forced to take the test, and its results are not admissible as evidence in a criminal trial. Sometimes it helps, sometimes not. It is decided after advice, not in the room.Supreme Court case law

These rights also belong to someone who is not under arrest. The difference is that someone who arrives with a summons can exercise all of them before entering the room.

From the summons to the decision

Step 1SummonsA call or a letter from the police. Sometimes with a suspicion, sometimes 'come in, we will talk'. The investigator does not have to elaborate by phone. From this moment the rules in clause A apply.
Step 2PreparationA confidential meeting, under full lawyer-client privilege. What you know, the possible suspicion, what the police probably already know, and which version, if any, is right to give. If needed, we arrange a postponement.
Step 3Questioning under cautionCaution, notice of rights, questions. Sometimes two hours, sometimes a whole day. There may be a confrontation with a complainant, evidence shown to you, a request for a polygraph. The lawyer is available by phone throughout.
Step 4Further actionsA search (only with a warrant), seizure of a phone, repeat questioning, taking witness statements. Some suspects are released on restrictive conditions (bail, distancing, no-contact order) that can be challenged and narrowed.
Step 5DecisionThe police or the prosecution decide: closing the file, a conditional arrangement, or referral for indictment. Usually months, sometimes over a year. Meanwhile you can apply in writing for closure.
Step 6Notice letter and hearingIn felonies (punishable by more than three years in prison) the prosecution must notify you in writing before filing an indictment (section 60A). You have 30 days to request a hearing, obtain the main evidence, and argue for closure or lesser charges.
Step 7IndictmentIf filed: you are entitled to the entire investigation file (section 74), and a trial begins. Here too there are preliminary arguments, arrangements and ways to end without a conviction.

Not every case goes through every step: many close after questioning, others after the hearing. According to the State Comptroller's report (2022), about 90,000 suspect files were closed without an indictment in 2020, most for lack of evidence.

How a file is closed, and what remains afterwards

Lack of guiltThe file is erasedThe likelihood that you committed an offence is low. This is the best ground: the file is not entered in the police register at all. On any other ground you can ask to change it to lack of guilt, and appeal a refusal.
Lack of evidenceClosed, but recordedNot enough evidence for an indictment. The file is closed but stays in the internal police register, visible to the police and security bodies (not to an ordinary employer), until erased under the Criminal Information Law. The most common ground, and the one most often challenged.
No public interestClosed despite evidenceThere is evidence, but the circumstances of the case or your own do not justify criminal proceedings. Here too an internal record remains, and a change of ground can be requested.
Conditional arrangementClosure on termsIn misdemeanours and minor felonies, for someone with no criminal record in the past five years: admitting the facts, a condition (fine, compensation, undertaking), and at the end closure without an indictment and without a conviction. Sometimes the right solution, sometimes an unnecessary concession.

Sources: sections 62, 64 and 67A of the Criminal Procedure Law; Criminal Information and Rehabilitation Law, 2019. The ground is decided by the prosecution, but it can be appealed and a change of ground requested. That is part of the work, not an extra.

What we actually do

Before: the preparation meetingOne to two hours, confidential. We build the picture: the suspicion, the evidence that probably exists, the version, the hard questions. We rehearse. We decide together: speak, stay silent, or combine.
With the investigatorWe make the contact, not you. We clarify the suspicion, arrange the date, and give notice that you are represented. The investigator knows that any breach of rights will be examined.
On the day of questioningWe accompany you to the station, stay available by phone throughout the questioning, and attend if there is a hearing on arrest or release conditions. You are not alone in the building.
AfterwardsWe follow the file, apply in writing for closure, handle the return of a seized phone and property, and if a notice letter arrives, we run the hearing with the main evidence in hand.

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

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Questions we are asked before questioning

Do I have to attend a phone summons?

No law obliges you, but a concern that you will not show up for questioning is a ground for arrest without a warrant (section 23 of the Arrests Law). The practical answer: attend, on a date your lawyer arranged, after preparation.

What is the difference between a witness and a suspect?

A witness must answer every question truthfully, except one that may incriminate them. A suspect is cautioned and may stay completely silent. Sometimes people are summoned 'as a witness' and cautioned midway. So even a summons 'just to testify' is worth attending after advice.

Can the questioning be postponed?

In most cases yes, in coordination with the investigator. A request from a lawyer, with a reason and an alternative date, is usually accepted. We do that for you, without you speaking to the investigator.

Does the lawyer come into the interrogation room with me?

In police questioning of an adult, no. Israeli law gives no right to have a lawyer present in the room. The lawyer consults with you before, is available by phone during, and you may ask for a break to consult. That is why preparation is the main thing.

Should I remain silent?

It depends on the case. Silence protects against self-incrimination and contradictions, but it may corroborate the prosecution's evidence at trial, and it stops you from putting forward an early, credible version. There is also a middle way: a short written statement and silence on the rest. We decide together, by the suspicion and the evidence.

Will they take my phone?

They may ask. Searching its contents requires a judge's warrant, or written consent after you were told you may refuse. Do not hand over a password without advice. Refusing is not an offence and is not evidence against you.

Will I be arrested at the end of the questioning?

Someone who attends by summons, is represented and cooperates with the process is usually released the same day, sometimes on conditions (bail, no contact with the complainant). The lawyer attends the hearing on the conditions and can narrow them.

How long until they decide?

Months in most cases, sometimes over a year. You can apply in writing for closure, and for the return of seized property. In felonies you will receive a notice letter before an indictment, with 30 days to request a hearing.

Will I have a criminal record?

Questioning is not a conviction. A file closed for lack of guilt is not recorded at all. A file closed for lack of evidence or no public interest stays in an internal police register, which is not given to ordinary employers, and you can ask to change the ground.

I was already questioned without a lawyer. Is it too late?

No. We review what was said, how the statement was taken and whether your rights were kept. A supplementary statement can be given, closure can be requested, and the hearing can be prepared. Before is best, but there is a lot to do afterwards too.

How much does it cost?

You will know the fee exactly, in writing, before committing. The preparation meeting is one payment; representation at the hearing is a separate stage. No surprises.

In the press, on questioning and arrests

25.04.2026 · WallaThe Daliyat al-Karmel murder: representing three of the suspects at the detention hearings 18.07.2022 · WallaMurder indictment: "This case does not have holes, it has pits"09.03.2022 · Maariv446 grams of cannabis: suspended sentence only, Hadera Magistrates' Court All mentions, by date

When is your questioning?

You have a summons, and you have time. Let us use it. A lawyer calls back fast to arrange a preparation meeting, also in the evening. No need to describe the suspicion in the form; we will talk about it on the call.