Criminal defense

Why do I need a lawyer in a criminal case

Within the framework of the criminal case, the circumstances of the crime are being clarified - an act that encroaches on the most important human values, the protection of which is carried out by the state. Having become a participant in the criminal process as a victim, suspect or witness, a citizen needs qualified legal assistance in order to properly navigate what is happening. The need for this is caused by the lack of awareness of citizens about the rights and obligations corresponding to their procedural status.

A lawyer, along with protecting the rights and interests of persons under investigation and defendants, can act as a representative of victims, a private prosecutor, plaintiffs and defendants, and provide legal assistance to witnesses.

First of all, the lawyer in the criminal case will explain:

• general rules of investigation procedure, roles and legal status of participants;
• the real consequences of refusing to testify or giving deliberately false testimony, evading assistance to the investigation, hiding evidence;
• possible qualification of criminal actions, sanctions for them;
• the algorithm of behavior dictated by the position of the participants (petitions for the application of the witness protection program, compensation measures, providing alibi evidence, etc.).

The objectivity and reliability of the criminal lawyer's information is guaranteed by the absence of official interest in the result and timing of the investigation, unlike law enforcement officials.

When you need a lawyer in a criminal case

A criminal lawyer provides services to protect the rights and represent the interests of citizens and organizations at all stages of the criminal process:

1. when considering reports of crimes (pre-investigation check);
2. during the preliminary investigation (inquiry or investigation);
3. during the consideration of a criminal case in courts of various instances;
4. during the execution of the sentence.

Legal assistance to witnesses

Citizens may need the services of a lawyer if they participate in criminal proceedings as witnesses. Lawyer in a criminal case:

• will indicate their rights and obligations, as well as the powers of law enforcement officers;
• will help during interrogations with clarifying questions and comments;
• will not allow violations of the rules provided for by procedural norms;
• will record the facts of violations in the protocol for subsequent appeal.

It is difficult to do without the help of such a lawyer for witnesses whose legal capacity is limited by age or health status, as well as those in need of State protection measures.

A special need for the assistance of a lawyer arises when a pre-investigation check is actually carried out against a witness, during which operatives deliberately do not transfer him to the status of a suspect, depriving him of legal rights.

Representation of the interests of victims, civil plaintiffs and defendants, private prosecutors

A criminal lawyer at the stages of preliminary investigation and judicial review can act from the position of the prosecution, protecting the interests of citizens affected by criminal acts, as well as organizations that have suffered material damage.

Representing the interests of the victim, civil plaintiff or private prosecutor, criminal lawyer:

• will consult them on all legal issues;
• will provide the necessary assistance during participation in investigative actions and court sessions;
• will prepare statements, petitions, lawsuits and other documents aimed at compensation for damages and the imposition of a well-deserved punishment on the guilty;
• will help to determine the algorithm of actions in case of reconciliation with the guilty, or termination of criminal prosecution by the investigation or the court against him
• actively uses other powers granted by law.

A lawyer specializing in criminal law will be able to provide more qualified assistance both when representing the interests of civil defendants at the investigation and in court. To do this, the law grants him powers similar to the rights of those organizations and persons whose interests he represents.

Defense of suspect, accused, defendant, convicted

By providing professional protection of the rights and interests of the principal, the criminal lawyer seeks to effectively present the client's version, seeks to prove his innocence, and when the latter pleads guilty, he is given a minimum sentence. At the same time, he takes measures to prevent violations of procedural norms in relation to the principal.

 When defending the interests of a suspect, accused, defendant or convicted person, a lawyer in a criminal case:

• will examine the evidence of the defendant's guilt, the legality of criminal prosecution and preventive measures, together with him will determine the algorithm of protective actions;
• if the defendant is in jail, he will arrange meetings with him, using the right to unhindered visits without restrictions on their number, will ensure contact with relatives;
• together with the defendant will take part in the events of the preliminary investigation, wherever they are held;
• will require the investigation and inquiry bodies to thoroughly check the client's version, clarify the circumstances that indicate innocence or mitigate his guilt;
• will take measures to collect evidence in support of the client's position, if necessary, using independently obtained data from experts, witnesses, specialists;
• based on the collected evidence, he will actively defend the client's version at the investigation and in court,
• will establish all circumstances mitigating the defendant's responsibility and present them to the investigating authorities and the court;
• competently and convincingly build his position in the court session, argumentatively and evidently present the arguments of the defense speech, help the defendant prepare for the debate, determine the line of conduct in court;
• will prepare the necessary applications, petitions and complaints to investigative, supervisory authorities and judicial authorities;
• will draw up documents on parole or pardon of the convicted person.

Acting as a defender in criminal proceedings, a criminal lawyer implements the state guarantee of granting the right to defense to all citizens in need of legal assistance. Due to the importance of this task, the legislator provides a list of cases when the participation of a defender in a criminal trial is mandatory.

The importance of the role of a lawyer defending the rights and interests of citizens in criminal proceedings causes high demands on his professionalism and qualifications.

Practice shows that specialists with considerable experience and experience in the law enforcement field cope better than others with the duties of a criminal lawyer.