MISTAKE MISTAKES MISTAKE BY THE LAW ENFORCERS. FOR YOUR ADVICE
Professional protection has always been, and remains, an integral part of those attorneys who truly work for the client’s benefit, but it also depends a great deal on the client himself in the initial stages of investigative action.
In most cases, the priority process is the scenario that is effective for law enforcement, but in the future it “ties” the hands of the defense, and the reason is the client.
The client was stopped by patrol officers for committing an administrative offense under Art. 130 KUPAP law enforcement officers behave politely and are trustworthy of the offender. Later in the course of checking the documents as a guideline in committing theft, with the permission of the driver inspect the car, and in the cabin find a backpack with prohibited items: weapons, drugs (if listed, the driver’s actions can be qualified under Article 263 of the Criminal Code of Ukraine with weapons, ammunition or explosives and articles 309, 307 of the Criminal Code of Ukraine crimes in the sphere of narcotic drugs, psychotropic substances, their analogues or precursors).
Subsequently called the investigation team of the area where the offense was discovered, and the arrival of employees of the investigation team patrols usually on the spot trying to solve the problem, or explain that during the cooperation you will not be responsible, you will be released, you will pay a fine, and t .n…. The same situation occurs when documents are prepared prior to submitting information to the ERDF (Unified Register of Pre-trial Investigation). The prospective client is trusted, the police officers communicate with him politely, and without suspicion he begins to cooperate and signs all the documents that are provided to him by the time the “Report of detention of the person suspected of committing a criminal offense” appears. the investigator appears concepts and a lawyer with free legal aid.
This is a small part of the mistakes that the client makes in the initial stages of the pre-trial investigation, and thus, with each signature left in the document, “binds” the parties to the defense.
If, for one reason or another, you find yourself in such or such a situation, then in this case, do not delay, and immediately try to contact a lawyer, and if this is not in your phone book, then call your family or friends, do not hesitate but do not be afraid to do so, since in the future relatives will necessarily be informed of the reason for the detention, but by that time it will be too late, since the information about the committed offense will already be in the database of the EDDR, you will be suspected and on the collected evidence that will be received because of your carelessness – You will be detained and held in a temporary detention center, and after a court order you can go to the detention center for two months, where you are likely to stay before the trial and sentencing.
Do not delay, and immediately insist on protection. This is your binding right which does not prohibit this.
Refuse any signatures, do not have a dialogue as they may document you, do not allow you and your car to be searched, as this must be subject to a court order, except in cases of urgent search, but it should be conducted with the assistance of a lawyer, if you have already caused him. Expect the arrival of a defender, and only after a dialogue with the latter and with his permission, begin a dialogue with police officers.
A qualified lawyer is also an integral part of the effectiveness of the case. Do not trust those defenders who immediately guarantee you a one hundred percent resolution of the case in your favor. No lawyer, who is a true lawyer, and a professional, even knowing that the situation has no evidence and is not worth the undue effort, will not guarantee an effective result, since there are always risks in the criminal defense field.
Choose a lawyer from the category of those who have not worked for a long time, but worked in the law enforcement system, prosecutor’s office, or court, since such persons have an understanding of the process and the case from the middle, and without spending a lot of time and effort can quickly make the first conclusions.
The Prikhodko & Partners Law Firm is a team of professionals who will always find a way out of different situations and are happy to assist the client at any stage of the problem.
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Author: Andrey Kubov