A search is not scary if you have a lawyer Svyatoslav Ugrin
Everyone has come across the concept of a search to one degree or another.
Someone saw the search in news TV programs or movies, and someone was a direct participant in such an event.
The concept of a search is defined in Article 234 of the Criminal Procedure Code of Ukraine, which means an investigative action, which is carried out within the framework of criminal proceedings and is aimed at finding things, objects, etc. which are relevant for the investigation of criminal proceedings (cases).
The search is carried out on the basis of a court decision or without it in the manner prescribed by the criminal procedural law.
Escort of the search by a lawyer
A person in whose premises or possession a search is carried out has the right to use the legal assistance of a lawyer.
The importance of legal assistance from a lawyer during the search cannot be underestimated.
Accompanying the search, a lawyer, acting in the interests of the client, records all possible violations that law enforcement agencies allow in order to build a successful line of defense for their client in the future, as well as the recognition of the results of the search as unacceptable evidence.
Also, while accompanying the search, the lawyer, seeing violations of the law by the prosecutor, investigator or operative employee, records these violations, which may serve as a basis for initiating criminal proceedings in the future against the prosecutor, investigator or operative who conducted the search.
When can a lawyer accompany a search?
A lawyer, at the request of the person in whose premises or possession the search is carried out, may be involved to protect the interests of the client at any stage of the search. The non-admission of a lawyer to the search, which is documented, is one of the grounds for recognizing the results of the search as unacceptable evidence in a criminal case.
From the moment when the lawyer begins to accompany the search, the pressure of law enforcement agencies is significantly reduced, since the representatives of law enforcement agencies understand that all their actions that go beyond the framework of the law will be recorded by the lawyer in the search protocol and will be the basis for recognizing such a protocol as inadmissible evidence.
How to prepare for a search and provide a lawyer to accompany the search
As practice shows, for the most part, the person whom they came to with the search, to one degree or another, expected such a development of events. In this regard, we consider it expedient for persons who understand that sooner or later they will be searched to them, conclude in advance an agreement on the provision of legal assistance with a professional lawyer, who, if necessary, will come to his client and will accompany the search, as well as defend the interests your client.
IMPORTANT! How to understand that a lawyer is an amateur or not a professional in criminal matters?
The lawyer takes a passive position. For example, when a criminal lawyer is just nearby during a search and does nothing (most likely, because he does not understand anything).
The lawyer behaves aggressively towards the investigator or operatives. There are situations when a criminal lawyer constantly gets into conflicts, shouts, and frightens law enforcement officers.
The lawyer is trying to make friends with the investigator. Often this happens when a criminal lawyer asks not to seize something during a search and builds friendly relations with the investigator or operatives. High-quality defense in criminal cases is, first of all, the independence and objectivity of a lawyer.
The lawyer claims that you shouldn’t do anything, let the investigation look for evidence. This happens in cases of interrogation, when it is recommended to “completely go to Art. 63 of the Constitution of Ukraine “, instead of fixing the essence of the interrogation and understanding what the person is accused of.
A lawyer uses common phrases without understanding criminal law terminology. You have to understand that criminal cases are not civil. For example, when a lawyer says “some kind of certificate”, “something was taken in court” or confuses the statuses “defendant”, “plaintiff” with criminal “suspect”, “accused”.
A good criminal lawyer is either a former investigator or prosecutor who clearly understands how the investigation works or a lawyer with extensive experience in criminal matters, there is no other way! This is especially important if you are looking for a serious crime lawyer!
The main recommendations by which you can determine that a criminal lawyer is really a professional and will not cheat.
Relationship. A good lawyer or law firm always has clients. Relationships should be built like this – you asked for help, it is not a lawyer who runs after you to lure money out. If the opposite happens, be careful!
Office. A lawyer must have an office and not change it for a certain time (at least a year). There are, of course, different cases, but the most important factor in choosing a lawyer is stability. If a lawyer has been working steadily for a long time, then everything is fine with him, and if everything is fine with him, then most likely you will be fine too.
Reviews. Reviews can be viewed in Google or social. networks. At the same time, do you treat reviews reasonably? Read them and grasp the essence. It happens that competitors or other unfriendly people write negative reviews. And it happens that reviews are clocked for a couple of hundred hryvnia.
Media.Today, each person will be best told by his social networks. Come and see them. This will help you understand how your future lawyer lives, what cases he does, what achievements he has, by whom and where he is recognized as a specialist.
Experience. A lawyer should not only convince you that he clearly understands what is happening in your specific situation, he should put on the table the same or similar cases in which he took part and where a positive result has been achieved. If there are only words and there is no evidence – do not believe, every lawyer wants to take money from you. It is important that this money is for the cause, and not for the words.
Contract.A contract with a lawyer is a very complicated thing. Because he makes them every day, but you do not, and it can be difficult to delve into the whole point. Do not be lazy to read! Pay special attention to the lines of the contract – for how long the lawyer undertakes to provide legal assistance, the amount of work, either in hours, or in specific actions.
Important! A lawyer cannot guarantee a won case – but he can clearly define the scope of work. Pay attention to general phrases “for providing legal assistance” or “comprehensive support of the case” or “all the services of a lawyer at the stage …”.
A situation may arise when you then say – “I paid 5 thousand USD, but you are not doing anything.” And he will say – “I study the materials and prepare one document for the court and I think that this is enough.” And then you will not prove anything and will be forced to look for another lawyer.
Price – a very important criterion especially in criminal cases. A good professional lawyer cannot be cheap. But at the same time, the price must be justified. Again, if a lawyer takes $ 1,000 and does 5 specific actions for this, this is normal. And when he takes the tighter $ 1 thousand and speaks for the complex management of the case and then does nothing, then this is not normal.
Comparison.Never agree to immediately work with the first lawyer with whom you managed to talk. At least 3 interviews should take place. Then you will be able to understand in comparison who is who.
What if you are suspected of or charged with a criminal offense?
You need a good criminal lawyer. How do you find such a lawyer? Search the Internet, select several lawyers specifically in criminal cases. Choose at least three attorneys who specialize in criminal law.
Next, you need advice on a criminal case. High-quality criminal counseling will let you know whether or not a professional lawyer is, what to do next and how much the services of this criminal lawyer cost.
Follow the recommendations of a lawyer, act together with him.
Cost of services of a criminal defense attorney
Depending on what status you are in, there are two payment options for the services of a criminal lawyer:
1. Accompanying individual investigative actions
It is more suitable for those who are not involved in the case, and are in the case in the status of a witness.
express consultation of a criminal lawyer by phone without analyzing the situation – UAH 500, just to describe your rights to understand what you can do, what you can’t and avoid the first mistakes
preparing a response to a request submit documents – 100 USD
It is important to understand that indeed, according to Art. 93 of the Criminal Procedure Code of Ukraine, the investigator has the right to demand the provision of documents. But what if they are not provided? There is no responsibility for this, but it gives the investigator the right to go and take a court order for a search. Therefore, you need to weigh what is more reasonable for you – to give documents for the request or to sit and wait for a search.
escort during interrogation – 100 USD / hour, but not less than 200 USD for investigative action
search escort – 100 USD / hour, but not less than 500 USD for investigative action
return of seized property – from 500 USD or a percentage of the total cost
other investigative and procedural actions are paid hourly at the rate of – 100 USD hour of the company’s lawyer.
2. Comprehensive conduct of a criminal case at the stage of pre-trial investigation, court of first instance, appeal or cassation.
Comprehensive criminal case management suits a person suspected, accused or convicted. Because it is difficult for a criminal lawyer to immediately determine the scope of work and the strategy of the defense. It is necessary to familiarize yourself with the case to make a protection plan and backup options if the main ones do not work.
The cost of the services of a criminal lawyer for each stage is from 3000 USD. up to $ 10,000 depending on the complexity of the case and its size.
How we work on the integrated management of criminal cases:
Signing a contract with a criminal defense attorney and joining the case. This is the first step at which a criminal lawyer in our company’s cases communicates with you in essence, in order to understand what the essence of the crime is and what exactly I can incriminate you.
Familiarization with a criminal case by a criminal defense attorney.
At this stage you pay – 1 thousand USD. This is the payment for the entry into the case of the criminal lawyers of our company. Study of the materials of the criminal case and the formation of a plan and strategy for the defense. When we understand how much work needs to be done, we issue an invoice for the remainder of the payment within the amount mentioned above.
It is imperative to determine the success fee of criminal defense attorneys – this is an additional remuneration for criminal defense attorneys for achieving a positive goal in your case. This is a very important point. Since it additionally stimulates the criminal lawyer to achieve a positive result.
Prikhodko & Partners Law Firm is the best experienced criminal lawyers in Kiev!
Sign up for a consultation, we will definitely find a solution to your problem. If during the consultation we do not convince that we are really professional criminal lawyers, we will refund the money for the consultation!
How we are working:
Leave a request in a way convenient for you: through the feedback form by e-mail or call
We hold a meeting, discuss the terms of cooperation
We sign a contract, you pay for the service and we immediately start working on your question
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