Witness
Duty to appear and to tell the truth, under penalty of false testimony. May, however, refuse to answer about a fact that incriminates them. Preparation avoids contradictions with earlier records.
Criminal · police inquiry
Police summons: how to prepare before giving a statement
The summons rarely says in what capacity you were called. Finding that out before appearing changes everything: a witness must tell the truth; a suspect has the right to remain silent.
Straight answer: must I appear and must I talk?
Appearing is mandatory when there is a formal summons; unjustified absence may lead to compulsory conduction of witnesses. Talking, however, depends on the capacity: witnesses and victims must tell the truth; the suspect has the constitutional right to remain silent about the facts, without that being used against them, and to be assisted by a lawyer, who may examine the case file before the interview (Binding Precedent 14 of the Brazilian Supreme Court).
This page is for anyone who received a summons, a phone notification or a police visit to appear at a district police station, the DEIC, DHPP, DDM or the Federal Police. Emergency in-person assistance in the city of São Paulo (East, North and South zones), Guarulhos and the metropolitan area; other cases are handled throughout the State of São Paulo, Brazil, with remote meetings when appropriate.
What changes depending on the capacity of the person summoned
Victim
Gives a statement and may file or waive a complaint in offenses that depend on it. It is worth knowing the consequences of each choice before signing.
Suspect or person under investigation
Has the right to silence, to a lawyer and to know the accusation. Spontaneous statements without preparation are the most common source of harm to the future defense.
Access to the inquiry
The lawyer may examine the elements already documented before the interview. Ongoing confidential measures may be restricted, but the rest is accessible.
Statement record
Read before signing. Asking to correct a passage that does not match what was said is a right. Do not sign blank pages or under time pressure.
Non-prosecution agreement
In non-violent offenses with a minimum sentence below four years, a formal confession may open the way to an agreement with the prosecutor (ANPP). This must be assessed beforehand, not improvised.
Mistakes that usually cost dearly
Appearing without knowing the capacity
Someone who goes as a 'witness' and discovers in the room that they are a suspect tends to say too much. A prior call to the station or a system check clarifies it.
Bringing documents without review
Handing over a phone, contracts or bank statements spontaneously may widen the investigation. Delivery, when appropriate, must be planned.
Aligning versions
Contacting other summoned persons to coordinate accounts may constitute coercion or procedural fraud and destroys the credibility of the statement.
How preparation is done
1. Identifying the proceeding
Checking the inquiry, the fact under investigation and the capacity of the person summoned.
2. Preparation meeting
Chronological review of the facts, the documents and the likely questions, with guidance on silence and limits.
3. Presence at the interview
The lawyer attends the act, checks the record and requests measures when necessary.
If the summons comes by phone or message, confirm its authenticity through the unit's official number before appearing. Scams with fake summonses exist.
Frequently asked questions about police summonses
Can I reschedule the interview?
Generally yes, with a justification presented in advance to the police authority, preferably through a lawyer's petition. Simply not showing up is the worst option.
Does remaining silent hurt the suspect?
It cannot be used as evidence of guilt. It is a strategic choice assessed case by case: sometimes a documented explanation ends the suspicion; other times silence avoids contradictions.
Can the police chief arrest me on the day of the statement?
Only in a situation of flagrante or with a judicial warrant. A summons to testify does not, by itself, authorize an arrest.
Official references and related pages
Rules governing the police inquiry and the interview in Brazil. Deciding what to say depends on reading the actual proceeding.
Summoned with a date set?
Send the summons through the secure channel. The screening identifies the capacity in which you were called and what must be done before the statement.