Every suspect has the right to legal assistance and defence, even at the pre-trial investigation stage. It is the criminal defence lawyer who ensures that procedural rules are followed throughout the proceedings. Furthermore, with the lawyer’s assistance, a defence strategy is developed and evidence is gathered in the defendant’s favour.
Defence during the pre-trial investigation stage: how it works
The pre-trial investigation stage is the most crucial for the accused. It is during this period that legal measures can be taken to:
- seek additional evidence;
- ensure the defendant’s rights are fully upheld;
- mitigate the legal consequences.
To this end, the lawyer takes the following actions:
- develops a strategy and assesses risks;
- participates in investigative proceedings alongside the client;
- monitors the process to prevent violations;
- works to reduce the severity of preventive measures;
- independently compiles a specific list of documents;
- challenges unlawful actions;
- submits a petition for the return of seized items.
What rights does a suspect have during the pre-trial investigation stage?
Every citizen has certain rights, even if they are suspected of committing a crime. During the pre-trial investigation stage, a suspect has the right to:
- to defend themselves with the assistance of a lawyer;
- not to testify against themselves by refusing to give evidence;
- to examine copies of all pre-trial investigation materials;
- to protection against unlawful actions – violence or psychological pressure;
- to privacy, so that any interference in their private life is carried out on lawful grounds;
- to medical assistance by calling an ambulance or going to hospital;
- to compensation for unlawful actions by submitting a claim with evidence.
Consultation with a criminal defence lawyer at Svarog
When choosing a criminal defence lawyer, it is important to find out about their experience. Svarog’s lawyers have been working on investigations for many years, preparing the necessary documents and assisting their clients.
With us, you are guaranteed to receive:
- defence in criminal proceedings;
- the ability to resolve issues as quickly as possible;
- full case support from the service of the charge to the delivery of the verdict;
- a personalised approach in every individual case.
Contact a solicitor if you require legal assistance. We provide prompt assistance to anyone who needs it.
Frequently asked questions and answers
What is defence at the pre-trial investigation stage?
This refers to legal assistance provided by a solicitor, which begins when proceedings are initiated for a specific case.
When should a lawyer be involved in criminal proceedings?
A lawyer’s assistance should begin immediately following any action taken by law enforcement officers. These include:
- a summons for questioning;
- a search;
- arrest;
- service of a notice of suspicion;
- seizure of property.
How does a solicitor assist during investigative proceedings?
The main tasks of a solicitor during investigative proceedings may include:
- preparing for questioning;
- monitoring and objecting to questions that may harm the client;
- reviewing the report drawn up;
- carefully checking the court order for the search;
- making video recordings to document unlawful actions;
- verifies the legality of the grounds for detention.
Can the actions of an investigator or prosecutor be appealed?
Yes, an appeal against the actions of an investigator or prosecutor must be lodged within 10 days of the action being taken.
How should I prepare for questioning?
You can follow these steps to prepare:
- exercise your legal right to a lawyer;
- find out whether you are being accused or are simply acting as a witness;
- stay calm, as they will try to provoke you;
- do not say anything unnecessary or that could harm you.
How much does legal representation cost during a pre-trial investigation?
When choosing a solicitor’s services during a pre-trial investigation, the cost is calculated based on the scope of work:
- consultation only;
- collection of documents;
- petitions for the return of seized property;
- support during a search;
- full case management until the verdict is handed down.