Protection against criminal prosecution at the pre-trial stage

Get an attorney’s advice

Pre-trial investigation is a stage that starts from initiating criminal proceedings upto court. This is the most important part of a criminal procedure where investigators collect evidence against a suspect. Anything that has been found during the investigation process will be used in court to impose sentence. The more convincing evidence they have, the more severe punishment will be. The task of an attorney at this stage is to protect the suspect from unlawful actions of investigators and collect data proving their innocence or reduce the degree of guilt.

The attoney’s role at the pre-trial investigation

The accused and the guilty are not always the same. In Ukraine, it often happens that the innocent gets to the dock. For example, competitors can file a false complaint or falsify evidence using political influence.

Receiving a letter informing of case initiation is always stressful, especially if a person is innocent. Naturally, the suspect starts to a panic: seeks advice from friends, reads info on the Internet forums looking for ways of defending themselves and relevant laws. The investigators use the suspect’s anxiety during interrogations to their own advantage. Knowing that people under stress have difficulty controlling themselves, they can get almost any information that will become a direct or indirect proof of guilt.

In addition to suspect’s interrogation, investigation may include permission to search the house, taking a suspect into custody, calling relatives for interrogations. Such actions are very effective, but most of them are illegal. Of course, no one informs the suspect about it, so it turns out that the investigators violate human rights for the sake of achieving their personal goal.

The best way to protect oneself against unlawful actions from the part of investigators is to hire a legal representative. According to law, only an attorney has the right to represent the suspect’s interests in court. He has competence to collect evidence for proving innocence of the defendant, be present at interrogations and searches. The attorney has the right to challenge the legality of the evidence which can be enough to justify the suspect.

Use-case

In our experience, there was a case when investigators collected evidence of law violation. We proved that it had unlawful nature and could not be sent to court. The suspect was cleared of the charges and the case was closed before the trial.

It is good to know that at the pre-trial investigation stage the state provides a free lawyer to the suspect. We do not recommend to agree to this, since most often this lawyer supports the interests of the investigation, not the client.

An attorney for a witness

Investigation is a threat not only to the suspect, but to all other participants, including witnesses. During interrogations, investigators can turn the case in order to get a certain witness to the dock. If this happens, the attorney is ready to represent the interests of the witness. He will be present at the interrogations and use the investigator’s questions to determine the status of the witness to prevent investigation process from violating the rights of the innocent.

Why choose us

Apart from knowing the laws and having protection practice, an attorney must understand the core of accusation system. Such attorney knows all ins and outs of the process, predicts investigator’s behaviour and pre-judges his decisions. Figuratively speaking, it is a chess game where success depends not only on knowing the rules, but also on the ability to predict the strategy of the enemy.

Our attorneys have many years of experience in the prosecutor’s office. We have a good understanding of investigators’ games, that’s why we are several steps ahead. 30% of our cases never reach court. 89% of cases end up with full justification of our client.

The only exception for us are any cases of murder and violence. We do not deal with such cases.

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