A relative has been arrested in Italy: what to do today
You do not have to wait for them to call. Italian criminal procedure allows a close relative to appoint the defence lawyer for a person who has been arrested, for as long as that person has not appointed one themselves, and that act opens every other door: without a lawyer on record the offices are not obliged to tell a spouse or a parent anything at all.
In the hours after an arrest the person is usually not in prison yet but held at the station or barracks of the force that made the arrest, waiting to be brought before the prosecutor, so that is where to start rather than with the prisons. The appointment is a written declaration and not a notarial deed, and it can be transmitted by the lawyer to the authority handling the case.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- The relatives who qualify to appoint are the spouse or civil partner, parents, children and siblings, and they use the same form the person would use themselves.
- From the moment the appointment is transmitted, the lawyer can establish which authority is proceeding, when the validation hearing is listed, and visit the person in custody.
- Families lose days because Italian offices will not discuss a case with a third party, however close the relationship, until a lawyer is on record.
- To locate the person, assemble the full name and date of birth, the place and time of the arrest, which force intervened, and a copy of any paperwork left behind.
- Where a search was carried out at a home or a hotel, the record left with whoever was present normally names the prosecutor's office and the file, which makes it the most useful document a family can hold.
- Consular assistance is real but it is not a defence: the consulate can check on conditions, keep contact with the family, help with sending documents and money, and supply a list of lawyers.
- Visits, money and contact follow the rules of the institution and require authorisation, so arrangements made informally waste time the family does not have.
- Where there is a health problem, medical documentation has to reach the defence at once, because it bears both on how custody is served and on whether it can continue at all.
The one thing only you can do
This is the part almost nobody knows, and it is the reason families lose the first two days. In the hours after an arrest the person is often in no position to appoint anyone, and Italian offices will not discuss a case with a third party — not with a spouse, not with a parent.
Article 96, third paragraph, solves it: a close relative may appoint the lawyer, using the same simple form the person would use. Spouse, civil partner, parents, children, brothers and sisters all qualify. It is a written declaration, not a notarial deed, and it can be transmitted by the lawyer to the authority handling the case.
From that moment the lawyer can find out which authority is proceeding, when the validation hearing is listed, and go and see the person in custody.
Finding where they are
In the first hours the person is almost never in prison yet. They are held at the station or barracks of the force that made the arrest, waiting to be brought before the prosecutor. Start there, not with the prisons.
| What you need | Why | Where to get it |
|---|---|---|
| Full name and date of birth | Identification in the records | Family documents |
| Place and time of the arrest | Identifies the competent station | Witnesses, anyone present |
| Which force intervened | Carabinieri, Polizia di Stato or Guardia di Finanza | Anyone who saw it |
| Copy of any paperwork left behind | Names the prosecutor's office and case number | Left at the address if there was a search |
| The alleged offence | Sets the timeline and what is at stake | The officers, or the paperwork |
If there was a search at a home or hotel, the copy of the record left with whoever was present is the single most useful document a family can hold: it normally names the prosecutor's office and the file number.
What the embassy will and will not do
Consular assistance is real, and it is not legal defence. The embassy or consulate can check on conditions of detention, keep contact with the family, help with sending documents and money, and provide a list of local lawyers.
It will not take on the defence, it will not choose the lawyer for you, and it will not pay the fees. Families lose weeks by waiting for the consulate to solve something the consulate has no power to solve, and those weeks are the ones in which the validation hearing and the first review deadline fall.
Visits, money and contact
- Visits. Six a month under the ordinary regime, in a supervised room. Authorisation comes from the judge while the person is awaiting trial, and from the prison governor after the first-instance judgment.
- Money. Cash cannot be handed over directly. It is paid into an account held by the prison and credited to the person's internal account, from which they buy food, toiletries and phone credit.
- Parcels. Allowed within limits of weight, contents and frequency set by each individual prison. Rules differ from one institution to another, so ask the records office before travelling.
- Medicines. Never sent by the family. Any ongoing treatment is reported to the prison health service, which provides it.
- The lawyer's visits. These do not count against the family allowance and are confidential.
Locating someone in the hours after an arrest is a matter of having a few specific things to hand. The table lists them with their purpose and their source.
| What you need | Why | Where to get it |
|---|---|---|
| Full name and date of birth | Identification in the records of any office | Family documents |
| Place and time of the arrest | It identifies the competent station | Witnesses, or anyone who was present |
| Which force intervened | Each force holds people at its own premises | Anyone who saw the arrest |
| A copy of any paperwork left behind | It names the prosecutor's office and the file | The address where a search was carried out |
| The alleged offence | It sets the timetable and what is at stake | The officers, or the paperwork itself |
| Whether a lawyer has already been appointed | It determines whether the family can appoint | The person, or the office once a lawyer is on record |
If there is a health problem
Report it in writing on day one, both to the prison health service and, through the lawyer, to the authority handling the case. It is not only a matter of care: under Italian law a serious illness that cannot be properly treated in detention prevents custody in prison altogether, and the documentation produced in the first weeks is what later supports an application.
Frequently asked questions
Can I appoint a lawyer for my son or husband?
Yes, if you are a close relative. Article 96 of the Code of Criminal Procedure allows a close relative to appoint the defence lawyer while the arrested person has not done so themselves.
Where do they take someone who has just been arrested?
Usually to the station of the force that made the arrest, pending transfer to the prosecutor within 24 hours. Only afterwards are they taken to the local prison.
Will the embassy pay for a lawyer?
No. Consular assistance can check conditions of detention and keep contact with the family, but it does not take on the defence and does not cover legal fees.
Can I send money?
Not directly. Money is paid into an account held by the prison and credited to the detainee's internal account, from which they can make purchases inside.
If this happened in the last few hours
With a name, a place and a time, the search can start immediately, and the appointment can be made by you today. First contact is free and covered by professional privilege, at any hour including nights and holidays.
Who finds this page, and what they have just been told
Typically it is a parent. The phone rings in the middle of the night and an unfamiliar voice says that the son or daughter has been arrested in Italy. Sometimes the voice belongs to the person themselves, in a hurried call of a few minutes. Sometimes it is a friend, an employer or a consular officer. The parent does not know what the charge is, whether the person is injured, or where they are being held, and they are afraid to ask the wrong question.
Another reader is a spouse or partner. The person did not come back to the hotel, did not answer messages, and the only information comes from a travelling companion who saw the police take them away. The partner is in another country, perhaps with children, and cannot get to Italy immediately. They are looking for a way to learn what has happened without being asked for papers they do not have.
A further reader is an adult child or a sibling who is expected to take charge. They have been named by the arrested person as the contact, or they are the only family member who reads English or Italian. They need an order of work: whom to call, what to send, what to avoid saying. A smaller group is made up of employers and friends who are worried about a colleague, and who do not know whether they are allowed to contact the lawyer or the family. All of them need the same thing in the opening hours: a clear idea of who can act, and how to find out what is going on.
In the opening day several people have a part, and families lose time by asking the wrong one. The table sets out what each can and cannot do.
| Who | What they can do | What they cannot do |
|---|---|---|
| A close relative | Appoint the defence lawyer while the person has not appointed one | Obtain information from the offices without a lawyer on record |
| The defence lawyer | Identify the authority, learn the hearing date and visit the person | Alter the timetable the code fixes for that hearing |
| The consulate | Check on conditions, carry messages and help send documents and money | Take on the defence or intervene in the proceedings |
| The police holding the person | Hold them until they are brought before the prosecutor | Discuss the case with the family |
| The prosecutor | Decide what to request of the judge | Deal with the family in place of counsel |
| The judge at the validation hearing | Decide whether the arrest stands and what measure applies | Act on documents that nobody has filed |
What changes at home and at work when a family member is held
The practical life of the family is rearranged within days. If the person arrested was a main earner, the household loses income immediately, and rent, loan instalments and school fees still fall due. Employers notice an absence quickly, and in many jobs that is enough to end the contract, especially for a person who is abroad on a short-term arrangement. A foreign worker may lose the right to remain if the job ends, which makes the legal case harder to manage.
The family has new expenses. Flights and accommodation for a relative who travels to Italy, money to be sent to the person for phone credit, clothes, food and the small purchases that make custody tolerable, and the lawyer's fees, which are often paid before the family knows how long the matter will last. Transfers abroad take time and must be done through channels that leave a record, since cash sent informally can look suspicious.
Other matters pile up. Children need to be cared for, and a parent who has to travel needs someone to look after them. Pets, a car, a tenancy and utilities do not wait. Relatives who are not part of the case are asked questions by neighbours and colleagues, and the family has to decide what to say. The person who coordinates everything often cannot work normally for weeks. Writing down every recurring obligation and deciding who takes it over helps the family keep the legal matter from absorbing every hour.
The choices of the opening day
A few decisions come up quickly, and each has a price. They are best made with a lawyer and not under the pressure of a call at night.
Whether to appoint the lawyer yourself, now. The law lets a close relative appoint the defence lawyer for a person who has been arrested, as long as the person has not appointed a lawyer. This act gives a lawyer standing to ask the offices for information and to attend the hearing. The price is that the family chooses in a hurry and pays for the lawyer; the price of waiting is that a court-appointed lawyer, assigned from a list, will act and may not be someone the family can speak to in their language.
Whether to travel to Italy immediately. Being there matters for visits, documents and showing ties to the court. It also costs money and time, and in the opening days the person may be unreachable anyway. Sending a trusted representative or waiting for the lawyer's advice can be better.
Whether to involve the consulate or the embassy now. It can help locate the person, inform the family and check on conditions; it will not choose a lawyer or advise on the case. Contacting it early is usually sensible, but it should not replace the lawyer. Asking it to inform you of the place of detention is often the quickest route to news.
What to gather for the lawyer, on the same day
- The full name of the person as it appears on the passport, the date and place of birth, the nationality and any other names used. Offices search by these details, and a spelling difference can delay information.
- A photograph of the passport or identity card, and of any residence permit or visa the person holds in Italy or elsewhere.
- What you know about the arrest: the city, the date, the time, the police force, who told you, and exactly what they said. Write it down while it is fresh.
- The last contact: when you last spoke, what was said, and any messages. Do not delete anything from your own phone.
- Medical information: conditions, regular medication, allergies and previous treatment. Detention facilities rarely have it, and the lawyer can raise it.
- Proof of ties and work: employment letters, tenancy documents, school records of children, property papers. These matter if release is sought.
- Money and funds: how the defence will be paid, and how money can reach the person safely.
- Contact details of everyone involved: travelling companions, employer, consulate, any lawyer already contacted.
Put all of this in a folder that can be forwarded by email, and keep a copy off your phone.
Questions to put to the lawyer in the opening conversation
- Have you been able to confirm where the person is held, and who told you?
- What is the charge, and what is the next step in the procedure?
- When is the hearing at which a judge decides on the arrest and on any restriction, and may I be there?
- Can you meet the person before the hearing, and what can you tell me afterwards?
- What can I do that only a relative can do, and what should I leave to you?
- Can money be sent to the person, how, and what are they allowed to receive?
- How and when can I visit, and what documents will I need to bring?
- If the person has a health problem, how do we make sure the facility is told, and who follows it up?
- What will you need from the family in the coming days, and by when?
- Which of the things the family wants to do could harm the person, and which are safe?
- Is there a risk that the person is held far from the family, and can that be raised?
A good lawyer answers in terms of the next step and its deadline. Be cautious of a lawyer who speaks about the end of the case before reading the file.
Much of what decides the measure has to be in the lawyer's hands on the same day. The table lists what to collect and why it cannot wait.
| Document | Who provides it | Why it is needed now |
|---|---|---|
| Identity documents of the person and of the relative appointing | The family | Both the appointment and the visit require them |
| A written agreement on an address, with the title or lease | Whoever lives there | House arrest needs an address the judge can accept |
| Proof of employment or of study | The employer or the institution | It answers the risk the court is weighing |
| Medical documentation and current prescriptions | The treating doctor | Care inside has to be arranged and recorded |
| Marriage, partnership or birth certificates | The civil registry | They establish who may appoint, and the family ties relied on |
| The record of any search | Whoever was present when it was carried out | It names the office and the file the lawyer has to contact |
When the family lives in another country
Distance changes almost everything. A family abroad cannot walk into a police station, and Italian offices will not discuss a case over the phone with a person who has no standing. The appointment of a lawyer by a relative, described above, is the way to give the family a voice. After that, the lawyer becomes the channel for information, and the family's role is to supply documents and support.
Papers that prove your relationship to the person, such as a birth or marriage certificate, are often needed, and they may have to be translated and certified for use in Italy. Doing this from abroad takes days, so begin early. Photographs sent by email are usually enough for the opening steps, with the certified versions to follow.
Visits require planning. A relative who needs a visa should ask the consulate how to obtain it quickly, and should ask the lawyer what permission is needed to visit and who grants it. Money sent from abroad passes through banks that may ask questions, so keep the reason for the transfer and the relationship documented. Time zones matter: calls from the detained person arrive at fixed times, and the family should keep the phone close. The consulate of your country can inform you of where the person is, may visit, and can contact a local doctor if needed, but it does not act as a lawyer and cannot interfere with the case. The Italian lawyer should coordinate with a lawyer at home if there is a parallel matter, so that what is said in either country does not damage the other.
How the studio assists a family, step by step
The initial contact is usually a call or a message from a relative. We ask for the details listed above, and we explain what we can do immediately: confirm the place of detention, speak to the person if the law allows, and prepare for the hearing. The appointment by the relative is made in writing, and we explain how, so that the family does not have to guess the form.
The engagement is confirmed with an estimate of cost in phases. Documents can be sent as photographs or scans by email, and nobody has to travel to an office to begin. The studio works in English and Italian, and when a relative prefers another language, we arrange an interpreter for the key conversations. We then report to the family after each important step, at agreed times, in plain terms, and we say what is not yet known.
Offices in Rome, Milan and Naples allow a lawyer to attend the hearing and to visit the person wherever in Italy they are held. When the family or the person has a case in another country, we coordinate with a lawyer there. We are reachable outside office hours because an arrest does not follow office hours. We do not predict the result of the hearing, which belongs to the judge. Contact details are on this site, including avvmassimoromano@gmail.com.
What not to do while the person is in custody
- Do not discuss the case on the phone with the person. Calls from detention are recorded, and anything you say can be used.
- Do not speak to the press or post on social media. Investigators and prosecutors read it, and a statement meant to help can be used against the person.
- Do not contact the injured party or witnesses. Even an apology can be read as pressure.
- Do not pay anyone who promises to arrange release. Release is decided by a judge, and anyone claiming influence is likely to be a fraud.
- Do not send money or goods through an intermediary who cannot show a receipt. Use channels that leave a record.
- Do not hire several lawyers in the hope of improving the chances. Contradictory advice and filings do harm.
- Do not delete messages, files or accounts of the person. It can look like concealment.
- Do not sign documents you cannot read. A form presented as routine can be a statement or a waiver.
- Do not rely on rumours from other families. Ask the lawyer and the consulate.
- Do not promise the person a release date or an outcome. The family cannot know it, and a promise that fails adds despair to a hard time.
- Do not pass messages through a visitor or a fellow detainee. What is relayed can be misreported, and it can be used.
Italian words the family will see on the papers
- Nomina: the appointment of a lawyer, made in writing. A close relative may make it for a person who has been arrested.
- Difensore di fiducia: a lawyer chosen by the person or the family, as opposed to a lawyer assigned by the court.
- Udienza di convalida: the hearing at which a judge checks the lawfulness of the arrest and decides on restrictions. It is the earliest important date.
- Custodia cautelare: pre-trial detention, imposed when specific risks exist, and always subject to review.
- Colloquio: a visit or a meeting with a detained person, which requires authorisation and has its own rules.
- Arresto: the arrest. The papers will say whether it was made at the moment of the act or on a warrant.
- Imputazione: the charge, the statement of what the person is accused of.
- Consolato: the consulate, which can inform the family and check on conditions but does not act as a lawyer.
- Ordinanza: the written decision of the judge after the hearing, stating whether the arrest is validated and which measure applies. Ask for a copy.
- Misura cautelare: a precautionary measure, which can be custody, house arrest or a lighter restriction, ordered while the case proceeds.
- Casa circondariale: the place of detention. The papers give its name, and it is the address for letters and visits.
About the lawyer
A relative detained abroad changes the shape of a family's day: nobody knows who to call first, and the information that does arrive is fragmentary. Avv. Massimo Romano works on Italian criminal matters, European arrest warrants and the position of Italians arrested outside Italy, and he is admitted to plead before the Court of Cassation. The office works from Rome, Milan and Naples, which matters when papers have to be filed in one city while the family lives in another. Contact usually begins with a telephone call or a WhatsApp message describing, in plain terms, what happened. He reads whatever paperwork exists before giving an opinion; if something is missing, he says what to ask for and who to ask. After that first conversation the family receives a written account of the position and the steps that follow. Discussions with relatives are held in the language they use at home.
Telephone the office or send a WhatsApp message. Before you call, gather the document you received, the name of the authority written on it, and the file reference if one appears.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp