A person may be declared wanted in connection with a criminal case, failure to appear in court, the need for a law enforcement agency to determine their whereabouts, or another ground provided by law.
Being declared wanted often creates a risk of arrest, formal charges, and the application of a measure of restraint. It is therefore important for a lawyer to promptly determine which authority is searching for the person, which case the search concerns, and what legal actions may follow.
Avtandil Giorgadze represents and protects the interests of wanted persons in Tbilisi and throughout Georgia at the stages of verifying the grounds for the search, communicating with the investigation, arrest, formal charging, and the court’s consideration of a measure of restraint.
What Does It Mean for a Person to Be Wanted?
A search is a combination of legal and operational measures intended to determine a person’s whereabouts and carry out the appropriate procedural action in relation to that person.
A search may be initiated when:
- a person is accused in a criminal case and their whereabouts are unknown;
- a person avoids appearing before the investigative authority or the court;
- a decision has been issued for the person’s arrest or pretrial detention;
- the person’s whereabouts must be established in order to conduct a procedural action;
- the person is wanted for the enforcement of a judgment;
- another ground provided by law exists.
Being declared wanted does not in itself mean that the person has been found guilty. A person’s guilt may be established only by a final judgment of conviction that has entered into legal force.
Who Is Searching for the Person and on What Grounds?
At the initial stage, the lawyer should determine:
- which investigative or law enforcement authority is searching for the person;
- which criminal case the search concerns;
- what procedural status the person has;
- whether a formal charging decision has been issued against the person;
- whether grounds for arrest or pretrial detention exist;
- whether the person has been placed only on a domestic wanted list;
- whether an international search has been initiated;
- what actions the investigation plans to take;
- whether legal grounds exist for challenging the search and other decisions.
The information must be thoroughly verified because the information available to the person or their family members may be incomplete or inaccurate.
Fundamental Rights of a Wanted Person
If arrested or appearing before the investigative authority, a wanted person has the right to:
- know which case they are wanted in connection with;
- receive information about the charges brought against them;
- immediately obtain the assistance of a lawyer;
- communicate confidentially with their lawyer;
- exercise the right to remain silent;
- refuse to provide self-incriminating testimony;
- receive information in a language they understand;
- use the services of an interpreter when necessary;
- submit evidence and motions;
- request the application of a less restrictive measure of restraint;
- exercise other procedural rights provided by law.
Giving explanations or testimony to the investigation without first consulting a lawyer may significantly harm the person’s legal position.
Involving a Lawyer Before the Person’s Arrest
If the person or their family members learn that the person is wanted, a lawyer may be engaged even before the arrest.
The lawyer may:
- verify the available information about the search;
- determine the person’s procedural status;
- contact the investigator or prosecutor handling the case;
- assess the possible risk of arrest and pretrial detention;
- examine available documents related to the case;
- plan the legal procedure for appearing before the investigative authority;
- prepare the person for anticipated procedural actions;
- develop an initial defense strategy.
The lawyer’s purpose is not to conceal the person from justice. The purpose of legal assistance is to ensure that the person participates in the proceedings safely, knowingly, and in compliance with the law.
Voluntary Appearance Before the Investigative Authority
Depending on the circumstances of the case, the person may consider appearing voluntarily before the investigative authority together with a lawyer.
Before a voluntary appearance, it is important to determine:
- in what procedural capacity the person is being summoned or sought;
- whether an arrest decision exists;
- whether formal charges are expected;
- whether the prosecutor intends to request pretrial detention;
- which evidence and documents should be submitted by the defense;
- how communication with the investigator or prosecutor should be conducted;
- what position the person should take during questioning or an interview.
A voluntary appearance does not automatically preclude arrest or pretrial detention. However, cooperation with the investigation may be relevant when assessing the risk of absconding and determining the appropriate measure of restraint.
Arrest of a Wanted Person
When a wanted person is located, a law enforcement authority may arrest them if the appropriate legal grounds exist.
Immediately after the arrest, the lawyer should verify:
- the legal grounds on which the person was arrested;
- whether the person was correctly identified;
- whether the reason for the arrest and their rights were explained to them;
- whether the arrest report was prepared in accordance with the procedure established by law;
- whether procedural deadlines were observed;
- whether the person was given an opportunity to contact a lawyer;
- whether unlawful pressure or improper treatment occurred;
- whether grounds exist for challenging the arrest.
Before consulting a lawyer, an arrested person should not make a hasty decision about giving testimony or signing any other procedural document.
Formal Charges and Initial Procedural Actions
After arrest or appearance before the investigative authority, the person may be formally charged and other procedural actions may be conducted.
At this stage, the lawyer:
- reviews the wording of the charge;
- verifies the factual and legal grounds of the charge;
- participates in the questioning of the accused person;
- protects the person’s right to remain silent and their right against self-incrimination;
- evaluates the prosecution’s evidence;
- submits motions on behalf of the defense;
- collects documents and information relevant to the defense;
- prepares the defense position for the hearing on the measure of restraint.
The defense strategy should be determined by taking into account the case materials, the substance of the charge, and the person’s individual circumstances.
Measure of Restraint for a Wanted Person
The prosecutor may apply to the court for pretrial detention or another measure of restraint to be imposed on the accused person.
The fact that the person was wanted may be used to substantiate a risk of absconding. However, the court must assess all the individual circumstances of the case, including:
- whether the person knew about the ongoing case;
- whether the person was actually hiding from the investigation;
- whether the person had received an official notification;
- why the person’s whereabouts could not be established;
- whether the person appeared voluntarily;
- whether the person has a permanent place of residence;
- how strong the person’s family and social ties are;
- whether the person is cooperating with the investigation;
- whether there is a real risk of committing a new offense or interfering with evidence;
- whether a less restrictive measure of restraint can be applied instead of pretrial detention.
The lawyer presents the court with circumstances and evidence that reduce the procedural risks and substantiate the possibility of applying a less restrictive measure of restraint instead of pretrial detention.
If the Person Is Abroad
If Georgian law enforcement authorities are searching for a person who is in another country, it is necessary to determine whether the person is only wanted domestically or whether an international search procedure has also been initiated.
In such a case, it may be important to determine:
- whether an INTERPOL Red Notice or another international notice exists;
- whether a decision to arrest the person has been issued;
- whether a request for the person’s extradition is planned;
- what legal status the person has in the foreign country;
- whether it is possible to request the correction or deletion of INTERPOL data;
- whether any circumstances precluding extradition exist;
- how the defense should be coordinated between the Georgian and foreign legal proceedings.
Issues related to international searches and extradition require a separate legal assessment.
Reviewing the Legality of the Search
The lawyer should assess whether proper legal and factual grounds existed for declaring the person wanted.
The following matters may require verification:
- whether the person’s procedural status was correctly determined;
- whether the person’s address or contact information was known;
- whether the notification required by law was provided;
- whether the person was actually avoiding the proceedings;
- whether the arrest or pretrial detention decision remains in effect;
- whether circumstances have changed since the search was initiated;
- whether grounds exist to terminate the search or challenge the relevant decision.
The legality of the search and the possibility of its cancellation must be assessed according to the circumstances of each individual case.
What Do the Services of a Lawyer for a Wanted Person Include?
The services of a lawyer for a wanted person may include:
- verifying information about the search;
- determining the person’s procedural status;
- assessing the legal grounds for the search;
- communicating with the investigator and prosecutor;
- assessing the possible risk of arrest;
- organizing the person’s appearance before the investigative authority;
- providing immediate legal defense upon arrest;
- holding a confidential meeting with the arrested person;
- reviewing the charges and case materials;
- participating in questioning and other investigative actions;
- preparing the defense position for the hearing on the measure of restraint;
- requesting a less restrictive measure of restraint instead of pretrial detention;
- obtaining and submitting defense evidence;
- assessing issues related to an international search;
- coordinating the defense in extradition proceedings;
- protecting the person’s interests during the investigation and in court.