When Police Contact You: First 2 Hours Response Checklist

If you receive a call from the police or a summons arrives, that moment is a critical turning point in your criminal case. This article is a first 2-hour execution guide compiled by the Criminal Defense Team at Roel Law Firm in Seocho-gu, Seoul, through thousands of initial response cases. While general criminal procedures are covered in Part 1 comprehensive guide, this article focuses on specific steps that must be executed within 30 minutes of receiving police contact.

Initial response in criminal cases means minimizing legal disadvantages during police and prosecution investigations and laying the groundwork for future mitigation of punishment. Missing this window means you may unknowingly leave unfavorable statements or lose opportunities to gather evidence.

Step 1: Immediately Upon Receiving Police Contact (First 10 Minutes)

When you receive a police call, the first thing to do is show a cooperative attitude while withholding specific statements. Stop at "Yes, I understand" and note the following:

•Name and department of the police officer (e.g., Gangnam Police Station Investigation Team)

•Reason for summons ("fraud suspicion," "assault-related," "drunk driving," etc.)

•Summons date, time, and location (exact address and floor number)

•Required items (ID, official seal, etc.)

Key point: Detailed explanations come later. Clearly state "I will visit after consulting with my attorney" and end the call. If you make excuses at this moment like "Well, that wasn't the case," it will be disadvantageous in court later.

Step 2: Contact an Attorney (After 10 Minutes)

The fastest action after receiving a summons notice is retaining an attorney. Roel Law Firm's Criminal Defense Team provides free initial consultation within 2 hours after police summons.

When consulting with an attorney, prepare the following:

Explain the full context of the charges — Organize "when, where, who, and what was done" in chronological order. Tell the truth only to your attorney without lies (attorney-client privilege applies).

Prepare evidence — Messages, contracts, transaction records, call recordings, and all materials supporting your claims. If there are messages that the other party could interpret favorably, show them to your attorney in advance.

List of witnesses — Names and contact information of people who were present at the time of the incident or who know about the situation.

Key point: Once you retain an attorney, your attorney can attend during police investigation. Going alone makes it easy to fall into leading questions from police.

Step 3: Final Check Before Police Summons (After 1 Hour)

Before visiting the police station, confirm the following with your attorney:

•Expected investigation time — Usually 2-4 hours. It can be longer, so ensure phone battery and bathroom time.

•Statement strategy — Clarify what the charges are, what to admit, and what to deny. A consistent statement like "the facts are like this" is far more advantageous than "I don't remember."

•Request for records — After investigation, be sure to obtain a copy of your "investigation statement." This prevents contradictions in later prosecution investigation.

Representatives Lee Tae-ho, Choi Chang-moo, Jang Young-don, Kwon Sang-jin, and Kim Hyun-woo of Roel Law Firm located in Seocho-gu, Seoul guarantee the right to attorney attendance during police investigation (on-site presence during questioning) and immediately stop improper questioning or coercive statement induction.

Step 4: Execution During Police Investigation

When you arrive at the police station, accuracy of statements is most important when the investigator prepares the record. When the investigator summarizes by saying "Is this correct?", if it differs from your statement, immediately correct it by saying "No, my intention was...". If you sign the record and later say "That's not what I said," your credibility will plummet in court.

In case of drunk driving charges:

•When arrested as a drunk driver at the police scene, blood alcohol content (BAC) is measured with a breathalyzer. If this figure is 0.05% or higher, it violates the Road Traffic Act; if 0.1% or higher, the Special Cases Act on Punishment (Special Act) applies.

•Even if you say "I didn't drive" during investigation, evidence takes priority. Instead, showing a reflective attitude like "I rushed to get home and made a misjudgment" is important.

In case of assault/injury charges:

•The victim's medical records and CCTV are decisive evidence. Even if you state during investigation "I only pushed lightly," if medical records show a concussion, it can be recognized as an injury crime.

•Instead, prepare arguments of self-defense, negligence, and possibility of settlement with your attorney in advance.

In case of fraud charges:

•Whether there was intentional deception is key. If you make statements during investigation like "We agreed to settle but circumstances changed," the possibility of fraud recognition increases.

•Instead, arranging contracts, messages, and transaction order chronologically and presenting "it proceeded this way" as objective records is advantageous.

Step 5: Preparing Next Steps After Investigation

One of the following three things proceeds after police investigation:

Non-indictment — Investigation ends due to insufficient evidence. Best outcome.

Prosecution referral — Referred to prosecutors due to assessed possibility of indictment. In this case, prosecution summons within 2-3 weeks.

Arrest — In case of flight risk or evidence destruction risk. If not an emergency arrest, goes through warrant review after police investigation.

Immediately consult with your attorney after police investigation to review prosecution investigation schedule, case prospects, and settlement possibilities. Initial response at the police stage greatly influences whether the prosecution will indict, so judgment at this point is very important.

Criminal Case Initial Response First 2 Hours Checklist

| Item | Content | Check |
|------|---------|-------|
| Police Contact Record | Police officer's name, department, summons reason, date/time noted | ☐ |
| Attorney Retention | Completed free initial consultation with experienced criminal defense attorney | ☐ |
| Evidence Collection | Messages, contracts, transaction records, call recordings, etc. prepared | ☐ |
| Statement Strategy Established | Scope of charges admission and position organized with attorney | ☐ |
| On-Site Attendance Confirmed | Confirmed right to attorney attendance during police investigation | ☐ |

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Suspects have several rights during police investigation. Many people are unaware of these and make unfavorable statements.

Right to attorney attendance: Your attorney can attend when police conduct questioning. You can immediately stop improper questioning or coercive statement induction. This is a right guaranteed "if you request it."

Right to refuse statement: You are not obligated to answer all questions from investigators. However, you must clearly state "I will not answer." You are not automatically protected.

Right to request copy of investigation statement: After investigation ends, you can receive a copy of your "investigation statement." If differences appear in later prosecution investigation, you can prevent credibility loss from contradictions.

Right to request prompt indictment/non-indictment decision: After prosecution referral, you can request "please make an indictment or non-indictment decision promptly." You don't have to wait indefinitely.

The Criminal Defense Team at Roel Law Firm in Seocho-gu, Seoul actively asserts these rights from the police summons stage to protect clients. Representatives Lee Tae-ho, Choi Chang-moo, Jang Young-don, Kwon Sang-jin, and Kim Hyun-woo know from hundreds of cases that small mistakes in the initial response stage determine overall case results.

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The focus of police investigation differs by charge type. Knowing in advance allows you to prepare for expected questions during investigation.

Drunk driving charge: Police attempt to prove three things: "driving fact," "drinking fact," and "blood alcohol content." Blood alcohol content measurement results are mechanical measurements, making objections difficult. Instead, statements that mitigate negligence through "driving time," "drinking time," "unavoidable circumstances like sudden acceleration," etc. are advantageous.

Assault/injury charge: Police focus more on "how much injury was caused" rather than "how it was done." Medical records are key evidence. Even if you state during investigation "I pushed lightly," if the other party submits hospital records, the possibility of injury recognition is high. Instead, clearly stating positions like "there was no intent to injure" or "it was self-defense" is important.

Fraud charge: Police attempt to determine "whether there was false intent at the time of contract." Preparing materials like messages, contracts, and transfer records in chronological order gives you the opportunity to explain unavoidable circumstances like "it proceeded this way and circumstances changed later."

Special Cases Act on Punishment (Special Act) charges: For example, a fatal accident due to drunk driving is prosecuted not as a drunk driving crime but as Article 5 of the Special Act (death from drunk driving). In this case, police investigate "victim damage degree," "settlement status," and "recidivism risk." Response is very difficult without attorney help.

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Q1: Should I try to settle first before going to police?

A: It depends on the situation. In fraud or assault cases where the victim is clear and damage is minor, pre-police summons settlement can be advantageous. Submitting a settlement agreement to police is considered "victim's lack of intent to punish," increasing the possibility of non-indictment. However, in cases like drunk driving where victims are unspecified, settlement status is not important. It's best to consult with an attorney and develop a strategy for each case.

Q2: Will I be prosecuted for perjury if I lie during police investigation?

A: Police investigation is "complainant testimony," so perjury does not apply. However, when investigation statement is used as evidence in court, contradictions with courtroom testimony result in "credibility loss" and the judge may suspect you of lying, which greatly impacts the judgment. That's why stating "I will not answer instead" is better than lying.

Q3: If I don't receive a prosecution summons after police investigation, am I acquitted?

A: No. If police issue a non-indictment decision, investigation ends, meaning they "decided not to indict." Legally it is without suspicion, but a criminal record is not created. However, the victim can resubmit a complaint or lodge a protest, so final relief comes from receiving a prosecution non-indictment decision.

Q4: Attorney retention fees are too expensive. Can't I go to police investigation alone?

A: Having an attorney from the initial police investigation stage is most important. Police are skilled in investigation techniques and induce contradictions from interviewees; going alone makes it easy to unknowingly leave unfavorable statements. Especially in charges like drunk driving, assault, and fraud, initial statements determine overall results. Roel Law Firm provides basic strategy free from initial consultation and operates by discussing attorney attendance fees at police investigation.

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Many people who receive a police summons think "This probably isn't a big deal" and go alone. However, statements made during police investigation become massive records that continue to prosecution and courts. A single sentence contradiction can later be suspected as "lying" and aggravate punishment.

Initial response in criminal cases ultimately means establishing clear statement strategy with an attorney before police investigation, stopping improper questioning during investigation, and rapidly preparing for prosecution afterward. All of this begins within the first 2 hours.

If you've received police contact, consult with a criminal defense attorney right now. Roel Law Firm in Seocho-gu, Seoul provides 24-hour initial response consultation. Representatives Lee Tae-ho, Choi Chang-moo, Jang Young-don, Kwon Sang-jin, and Kim Hyun-woo, based on thousands of police investigation cases involving major charges such as drunk driving, assault, fraud, and injury, present specific response plans tailored to each case's characteristics. The destiny of criminal cases is determined in the first 2 hours after police summons.