Criminal proceedings (criminal cases) can make life hard for any individual or adversely affect the business of any company or enterprise and lead to a total business termination. In the course of investigation and trial in the court of criminal cases, individuals and legal entities become parties to criminal proceedings and undoubtedly need legal advice on criminal matters.
Depending on the procedural status of the party to criminal proceedings, an advocate can be engaged in the proceedings either as a defence counsel or a representative. For example, a defence counsel of suspect, defence counsel of accused or representative of a victim, representative of a person whose assets can be subject to attachment pending the court decision. Counsel can also provide legal support to a witness in criminal proceedings (counsel to a witness) and a participant in search.
Professional defence in criminal matters is highly important and extremely necessary. An accused can fail to cope with sophisticated challenges of the legal system and lose their case although their evidence could appear to be convincing. Even during simple interrogation, any individual without special preparations can make compromising mistakes. As practice shows, a witness, in the course of the investigation, can easily be become a suspect.
A defence counsel in criminal proceedings can develop a seamless action plan in terms of defence, help to avoid fatal mistakes, prevent violation of a client’s rights, mitigate negative effects for the person being defended, take steps to terminate the pre-trial investigation, or take care of verdict of acquittal to be delivered in court proceedings or commute punishment to a maximum extent possible.
Defence in criminal matters provided by our lawyers includes:
- our specialist legal advice
- audit of the cause of action and development of defensive solutions
- acting as a representative in the course of interrogation of a witness, victim, suspect or accused
- acting as a representative in the course of investigative actions (search, detention, seizure, temporary access, etc.)
- acting as a representative in the course of applying for or changing a measure of restraint
- collection of justificatory evidence
- sending the advocate’s letters of inquiry
- lifting the attachments on property
- return of the seized property
- lifting the injunction against the use of property
- challenging the acts of an investigator or public prosecutor
- challenging the notification of suspicion in committing a crime
- acting as a representative in judicial proceedings including those in appellate and cassation instances
- familiarisation with materials of the case
- return of indictment at a preparatory hearing
- drafting submissions
- appealing against court orders on asset attachment, temporary access, injunctions banning from doing certain acts
- appealing against a court verdict
- acting as a convict’s representative during his service of sentence