police station assistance
Arrest and Police Station Assistance (Atendimento de Ocorrência)
An attorney present at the police station while the incident report and the arrest record are being drawn up, and representation at the custody hearing that follows.
Monday to Friday, 9am to 6pm. Outside those hours, contact is made by phone or WhatsApp.
Atendimento de Ocorrência means having an attorney present during the police phase, before any formal charge is filed by the prosecution. When someone is taken to a police station, that is where the incident report and, in case of arrest, the arrest record are drawn up. These are hours governed by short legal deadlines, and what is said or left unsaid there carries through the rest of the case.
At this stage, the practice attends the drawing up of the arrest record, checks whether the rights set out in the Constitution and in the Code of Criminal Procedure were communicated to the person under arrest, explains to the family what is happening and which documents may be needed, and appears at the custody hearing, where the person is brought before a judge. Police station assistance covers São Bernardo do Campo, the city of São Paulo and the other cities of the ABC region.
After that stage, the matter moves on to the police investigation and, if charges are filed, to criminal proceedings. The practice stays with the client and the family throughout, under the same rules of discretion the subject requires. Each situation is handled individually, within the limits of the law.
01first steps
What to do now
- 01.1
Find out where the person is
Write down their full name, the name of the police station and the city. Nothing else can move forward without this.
- 01.2
Note the time and the stated reason
The time of the arrest and what the family was told about its grounds help determine the stage the case is at.
- 01.3
Keep the identification of the arresting officers
The Constitution gives the person under arrest the right to know who carried out the arrest and who conducted the questioning.
- 01.4
Gather the documents
Identity document, taxpayer number (CPF) and proof of address of the person under arrest, plus proof of employment when available.
- 01.5
Seek legal guidance before any questioning
The person under arrest has the right to remain silent and to speak with an attorney before being questioned.
02common questions
Frequently asked questions
A family member has been arrested in the act. What comes first?
Find out which police station they were taken to and seek legal guidance before any questioning. The arrest must be reported immediately to the judge, to the prosecution service and to the family or to a person named by the detainee, under article 306 of the Brazilian Code of Criminal Procedure.
What is a custody hearing?
It is the appearance of the arrested person before a judge, with an attorney and the prosecution present, within the deadline set by article 310 of the Code of Criminal Procedure. At that hearing the judge decides, with stated reasons, whether to release the person because the arrest was unlawful, to convert the arrest into pre trial detention, or to grant provisional release, with or without bail. Since Law 15,358 of 2026, the hearing is held, as a rule, by video conference, with the attorney present and a prior, private conversation with the defense.
What rights does a person taken to a police station have?
The Constitution guarantees the right to remain silent, assistance from family and from an attorney, notice of the arrest to the judge and to the family, and identification of those who carried out the arrest or the questioning (article 5, items LXII, LXIII and LXIV).
Can someone be questioned at the police station without an attorney?
The law guarantees the right to remain silent and to be assisted by an attorney. Speaking before consulting one is the person's own choice, not a requirement of the procedure, and whatever is said there becomes part of the record.
What should the family bring to the police station?
The identity document and taxpayer number (CPF) of the person under arrest, proof of address and, when available, proof of employment. These documents are usually requested while the arrest record is drawn up and also matter at the custody hearing.
The information on this page is general and informative in nature. Each situation requires individual analysis, within the limits of the law.