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What to do if You're Facing Criminal Charges in Russia?

Consulting of a Russian lawyer.

The initiation of most criminal cases occurs due to the negligent attitude of people to their actions. They simply underestimate the possible negative consequences or are indifferent to them.

If you understand that there is even the slightest possibility of opening a criminal case against you, then, believe me, you urgently need a criminal defense lawyer, at least for consulting. First of all, you need to contact a Russian criminal lawyer and get good advice. In 90% of cases, it will give you a huge head start in future legal relations with the investigating authorities.

Even if you are already being invited for interrogation as a witness for the time being, then you must understand that the status of a witness can be easily changed to a suspect, and then to an accused. For this reason, I sincerely advise against letting things go.

According to an article posted on interfax.ru with reference to the Investigative Committee of the Russian Federation on Statistics for 2019, the courts issued less than 1% of acquittals. These statistics speak for themselves - it is better to start defending from the very beginning. Therefore, the urgent entry of a defense attorney into a criminal case may be decisive and, as a result, radically change the situation.

As I said earlier, a detained person can be interrogated as a witness, either a suspect or an accused, therefore, you must know your rights when interrogated in any of these statuses by heart. At the beginning of your interrogation, specify who you are being interrogated as.

THE RIGHTS OF THE WITNESS, THE RIGHTS OF THE SUSPECTED, THE RIGHTS OF THE ACCUSED - IT IS BETTER TO LEARN!

RIGHTS OF THE WITNESS:
Refuse to testify against yourself and your close relatives;
Know and understand that his testimony later, even if he rejects them, can be used against him;
Contact a lawyer and appear for questioning with him;
Request the application of security measures in relation to him;
To submit petitions to the person conducting the interrogation and to appeal against his actions;
To be interrogated in your native language and, if necessary, to demand a free translator, as well as to declare a challenge to him.

RIGHTS OF THE SUSPECTED:
Be aware of what you are suspect of;
Present evidence;
to appeal against the actions of the investigator, inquiry officer, and judge;
Refuse to testify or give them in their native language;
Hire a lawyer or use the help of a free defender at the expense of the state;
use the services (including oral advice) of a lawyer alone with him before the first interrogation;
Participate in investigative actions with the consent of the investigator/inquiry officer;
use the services of a translator;
Protect yourself in other ways that are not prohibited by law.

RIGHTS OF THE ACCUSED:
A defendant has the same rights as a suspect, including the right to seek legal assistance.

In addition, before the trial, the accused has additional rights: to get acquainted with the examinations and the materials of the criminal case in full (but this is only after the completion of the preliminary investigation - before sending the case to court);

IT'S IMPORTANT TO KNOW! - STAGES OF THE CRIMINAL CASE.
At the initial stage, it is not investigative actions that are carried out, but operational-search measures.

The fundamental difference between OSM and investigative actions is that operational-search measures can be carried out without the participation of a defense attorney, and their results are then attached to the materials of the criminal case.

In practice, in the absence of a defense lawyer, suspects often write a confession and give confessionary explanations, when there is virtually no evidence of guilt or even involvement. Moreover, there are cases when detainees show the storage places of prohibited items and provide other evidence of their guilt. The cost of such actions may be subsequent imprisonment.

CONDITIONAL STAGES OF THE CRIMINAL PROCESS (BEFORE AND AFTER INITIATION OF A CRIMINAL CASE):

1) Verification of the report on the commission of a crime
The case has not yet been initiated, operational-search measures are underway (often without a lawyer)

2) Initiation of the case and preliminary investigation
At this stage, detention and the selection of a preventive measure in the form of detention often occurs. An urgent call for a lawyer and his participation in the first hours after the arrest often helps to avoid "unnecessary" problems or to neutralize the consequences of actions already taken.

3) Consideration of the case in court - judicial investigation
The probability of a conviction is 99%. The only question is the qualifications and the amount of punishment.

It is possible to hire a lawyer at any stage, however, it is obvious that the sooner the defender begins to exercise the rights of his client, including by way of a possible appeal against illegal actions of the investigating authorities, the more chances for a positive outcome.

So, according to the results of the first stage - verification of the crime report (even if ORM materials are available), the case may not be initiated at all. It often happens, so that triggered simply because the suspect was naively honest with the investigator at the verification stage.

Already at this point, for some crimes, the interrogation tactics are decisive, and the verification material may not even reach initiation or the person being interrogated will remain as a witness.

If the case has already been initiated, then the task becomes more complicated, since at this moment the investigation already has certain evidence-grounds for initiation. At the stage of the preliminary investigation, any defense attorney sees as his ideal goal not to admit the case with the indictment to the court.
The conclusion of an agreement while the proceedings are in court is also a prudent act, however, a criminal lawyer will have to work with what has already been done or not done before him during the inspection and preliminary investigation.

The cost of a criminal defense attorney varies depending on the city and the complexity of the case. The benchmark is the cost of services 10,000-15,000 rubles per day of work. The price can also be higher if a lawyer is needed urgently, on a weekend, or when traveling to another city.

The services of a criminal defense attorney for conducting a case in a complex are paid in different ways:

For services in crimes of small or medium severity (for example, violation of the Traffic Rules of Article 264 of the Criminal Code of the Russian Federation - lawyers in criminal cases of road accidents), the payment will be 40,000 - 60,000 rubles.
Hiring a Russian lawyer for grave and especially grave crimes (such as murder - Article 105 or drugs - Part 4.5 of Article 228 of the Criminal Code of the Russian Federation) is more expensive: prices range from 100,000 - 300,000 rubles or more.
In any case, by virtue of the federal law "On advocacy and the legal profession" the final amount of payment is established by agreement of the parties between the defender and the client.

A FREE CRIMINAL LAWYER MAY BE PROVIDED BY THE STATE.

The right to defense is indeed guaranteed by law, but:

First, the lawyer is not entirely free.
When it is necessary to carry out investigative actions, you will be provided with a "state" lawyer, however, when a verdict is subsequently passed, the costs of paying a "free lawyer" by the court department may be recovered from you! That is, a lawyer is not free but on credit. According to part 2 of ch.132 of the Code of Criminal Procedure of the Russian Federation, the Court can recover procedural costs from the convicted person, which is exactly the money paid to the state lawyer. Moreover, expenses may be recovered from a convicted person who has been released from punishment.

When you are questioned as a witness, the law does not allow you a free criminal lawyer. And everything that you say during the interrogation may then turn against you. In the Criminal Procedure Code of the Russian Federation, there is such a practice when a lawyer is provided to a witness, but this applies to "real" witnesses who need protection from the accused. The investigator is unlikely to provide a free lawyer to a witness who was visited at home with a search warrant.

In addition, free assistance is provided only during investigative actions and in court sessions. The duties of a free lawyer do not include developing a position with a client, consulting during the preliminary investigation, etc. A full-fledged defense in a criminal case is possible only with an integrated joint approach to building a defense. In this regard, we advise you to find a criminal lawyer by agreement.

The cost of a criminal defense attorney varies depending on the city and the complexity of the case. The benchmark is the cost of services 10,000-15,000 rubles per day of work. The price can also be higher if a lawyer is needed urgently, on a weekend, or when traveling to another city.

The services of a criminal defense attorney for conducting a case in a complex are paid in different ways:

For services in crimes of small or medium severity (for example, violation of the Traffic Rules of Article 264 of the Criminal Code of the Russian Federation - lawyers in criminal cases of road accidents), the payment will be 40,000 - 60,000 rubles.
Hiring a lawyer for grave and especially grave crimes (such as murder - Article 105 or drugs - Part 4.5 of Article 228 of the Criminal Code of the Russian Federation) is more expensive: prices range from 100,000 - 300,000 rubles or more.
In any case, by virtue of the federal law "On advocacy and the legal profession" the final amount of payment is established by agreement of the parties between the defender and the client.

HOW TO FIND A GOOD EXPERIENCED RUSSIAN CRIMINAL LAWYER?
The main rule is very simple - you need to contact a specialist who deals specifically with your category of crimes.
A well-experienced lawyer is the one who is the best in his specialization. The narrow specialization of an experienced lawyer guarantees the availability of the necessary knowledge and skills. In addition, criminal defense lawyers must have two main qualities - have the courage to take responsibility for the decisions they make, and be obligatory in their work. If it seems to you that the lawyer is not sure about what he is doing, most likely it is.

We can help if you need: 
criminal lawyer, criminal defense attorney, harassment lawyer, prostitution attorney, drug lawyer, personal injury advocate, pretrial defense lawyer, defense lawyer, Russian criminal lawyer,
counter-band defender, espionage attorney, Rape lawyer, robbery lawyer.

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Email: legalsolutions@inbox.ru
Visit us: Moscow, Zubovskiy bulvar, building 4, room 308
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