🚨 What Happens After Detention
At the Border (Customs or National Guard):
An official report (parte informativo) will be prepared detailing the facts of the detention.
It will include the reading of your rights, the firearm seized, and the vehicle you were driving.
Referral to the FGR (Attorney General’s Office):
This report, along with the seized items, will be turned over to the FGR together with the detainee.
An investigation will begin with a maximum period of 48 hours to define your legal situation.
⚖️ Your Freedom Depends on the Defense Strategy
The strategy your defense attorney uses will be decisive.
The outcome often also depends on the caliber of the firearm you were carrying (civilian-use vs. military-use weapons).
📌 Article 140 of the National Code of Criminal Procedure
In cases of flagrante detention, if the crime does not require mandatory preventive detention and the Public Prosecutor determines that it will not request preventive detention as a precautionary measure, it may:
Release the accused, or
Impose protective measures under the terms of the Code.
If the Public Prosecutor orders release, the accused will be warned to:
Refrain from harassing or harming the victim, offended party, or witnesses.
Not obstruct the investigation.
Appear whenever summoned for investigative proceedings.
Failure to comply may result in sanctions or enforcement measures.
⚠️ Important
Being released does not mean acquittal.
You will still be summoned later to appear before a judge in freedom, where the corresponding hearing will take place.
📞 If you find yourself in this situation, do not hesitate to contact Lic. Jorge Fernández so we can review your case and work toward resolving your problem.
