Exemption from criminal liability: legal assistance

When a Lawyer’s Assistance Is Required

Contacting a criminal defence lawyer is critically important at any stage of the proceedings. Legal assistance is required if:

• the person has been notified of suspicion of committing a criminal offence;
• the person is summoned for questioning or other investigative actions;
• it is necessary to determine whether there are legal grounds for closing the case;
• the materials collected during the investigation need to be reviewed and an appropriate course of action must be determined;
• there is a need to prepare procedural documents;
• the case has already been submitted to the court for consideration.

Benefits of Working with Prikhodko & Partners

• Practical experience. We rely on actual law enforcement practice and experience working with investigation materials.
• Individual terms. The scope of work, format of legal support, and cost are agreed individually based on the specific circumstances — without standardised solutions.
• Legal protection. The lawyer monitors compliance with the law during investigative actions and protects the client from possible pressure.
• Confidentiality. All information and materials are securely protected by attorney-client privilege.

Initial Assessment of the Grounds and Case Materials

Consideration of the issue of closing criminal proceedings requires a thorough and individual approach to each situation. It is impossible to assess the prospects of the case without a detailed review of the materials.

During the initial consultation, the lawyer analyses:

1. The factual circumstances of the event and the person’s conduct before and after the act;
2. Procedural materials of the pre-trial investigation;
3. Available evidence, its origin, and legality;
4. Potential legal grounds for exemption provided for by the Criminal Code of Ukraine.

Such analysis makes it possible to develop a realistic defence strategy and select the most effective legal mechanism for the specific criminal proceedings without premature or unrealistic promises.

Preparation of Motions and Procedural Documents

If the review of the collected materials confirms the existence of lawful grounds, the lawyer prepares the necessary documents.

Depending on the circumstances, this may include drafting motions, official applications, objections, and lawyer’s requests.

The documents set out the factual circumstances, analyse the evidence, and refer to the relevant provisions of criminal and criminal procedural legislation.

At the same time, the content and scope of procedural documents are determined individually. There is no universal motion that can be equally effective in every criminal proceeding.

Defence in Court and Communication with Participants in the Proceedings

If the issue of closing the case is considered by the court, the lawyer assumes full responsibility for protecting the client’s interests.

In particular, legal assistance includes preparation for hearings, participation in court debates, submission and substantiation of procedural documents, and responding to the arguments of the opposing party.

In addition, the lawyer communicates with the pre-trial investigation authorities, the prosecutor, and the judge.

It should be noted that a representative cannot guarantee a particular decision in advance. The final decision is made by the competent authorities solely on the basis of established facts and applicable law.

Format of Legal Assistance and Cost of Services

The format of legal assistance and its cost are calculated individually for each criminal proceeding. They directly depend on:

• the current stage of the investigation or court proceedings;
• the volume of materials and the complexity of the factual circumstances;
• the list of required legal services.

Stages of Cooperation with a Lawyer

1. Initial request. You inform the lawyer about the main circumstances of the situation and identify the issues that require legal assessment.
2. Initial consultation. The lawyer analyses the information and documents provided and identifies the key legally significant circumstances.
3. Determination of the objectives of the agreement. The required format of legal assistance and the lawyer’s specific tasks are agreed.
4. Preparation of the draft agreement. The subject matter of the agreement, scope of the assignment, rights and obligations of the parties, procedure for cooperation, and other terms are formulated.
5. Agreement of terms. The parties agree on the final scope of services, format of legal support, and cost of legal assistance.
6. Signing support. After the terms are agreed, the contractual relationship is formalised and the lawyer begins performing the agreed assignment.

Cost of Legal Services

The cost is determined by the scope of tasks and the specifics of the situation and is calculated taking into account the following factors:

• Complexity of the circumstances — the specifics of the alleged offence, the available evidence, and the overall legal risks;
• Scope of the lawyer’s work — the depth of review of the pre-trial investigation materials and development of the defence strategy;
• Number of documents — the need to prepare motions, applications, objections, and other procedural documents, including revisions;
• Need for legal support — participation of the lawyer in investigative actions, interrogations, and full representation of the client’s interests in court;
• Consultation format — a one-time legal assessment or comprehensive case support at all stages.

Thus, the cost is determined not according to a standard template, but based on the actual scope of legal work required.

Table of Legal Service Fees

The final cost of legal assistance is determined after assessing the specific situation, reviewing the case materials, and agreeing on the required scope of work.

Exemption from criminal liability is a separate legal mechanism that may be applied only where the grounds provided by law exist. It does not mean that criminal prosecution is automatically terminated solely at the request of the person and cannot be guaranteed before the materials of the specific criminal proceedings are analysed.

Timely involvement of a lawyer makes it possible to properly document legally significant circumstances, assess the evidence, determine the person’s procedural status, and choose an appropriate defence strategy. If you need to assess whether grounds for exemption exist, it is advisable to seek an individual consultation with a lawyer and provide the available materials for legal analysis.

Do you still have questions? We look forward to seeing you at an initial consultation! To calculate the cost of legal services, complete the form below.