FAQ
Frequently Asked Questions
The questions we hear most in real consultations. General guidance only — not legal advice on any specific matter.
Engagement & Fees
When should I retain a criminal defense attorney?
Ideally before your first police interview. Your first statement will be cited throughout the proceedings, and later reversals undermine credibility. If you have learned of a complaint or received a summons, organize the facts with an attorney before scheduling your appearance. Even after a first interview, written opinions and supplementary statements can adjust course.
Related areas: General & Juvenile Criminal
Can I consult an attorney before a police interview?
Yes — it is the recommended course. Whether suspect or witness, you may receive counsel before questioning and request schedule adjustments. Your attorney can attend the interview, object to improper questioning, and review the written record to correct mischaracterizations before you sign.
Related areas: General & Juvenile Criminal
How are criminal defense fees determined?
Fees depend on the stage (investigation, trial, appeal), the complexity of the issues, and the expected scope of proceedings. We provide a written, stage-by-stage scope and fee at the first consultation, and any change in scope is discussed in advance.
Can family members retain an attorney on behalf of the accused?
Yes. A spouse, lineal relatives, and siblings may independently retain counsel (Criminal Procedure Act art. 30(2)). When the accused is in custody, family retention is often the only channel — counsel then confirms the client’s intent through an immediate visit.
Related areas: General & Juvenile Criminal
Investigation
I received a police summons. Do I have to appear immediately?
No — appearance dates can be adjusted. First confirm the case, your status (suspect or witness), and the alleged offense, then consult counsel before attending. Avoid ignoring the summons outright, as evasion can support an arrest warrant.
Related areas: General & Juvenile Criminal
How should the right to remain silent be used in questioning?
It is a constitutional right, but blanket silence is not always advantageous. Design in advance — with counsel — what to answer and what to decline, and answer uncertain memories precisely as "I do not recall."
My phone was seized. How far can the search go?
In principle, only data related to the offense stated in the warrant. You or your counsel have the right to participate in the forensic review, and out-of-scope exploration can be challenged as illegally obtained evidence. Notify counsel immediately after seizure.
Related areas: Drug Crimes · Cyber Crimes
Detention
A detention warrant has been requested. What should family do first?
Confirm the date of the detention hearing and retain counsel immediately — there are usually only one or two days. Counsel verifies the facts through a visit and assembles materials rebutting flight and evidence-destruction risk; family helps gather employment, family, and support documents.
Related areas: General & Juvenile Criminal
Already detained — is release still possible?
Yes — pre-indictment review of detention legality, and bail after indictment. Both turn on showing the grounds for detention no longer hold. Counsel builds the changed circumstances (restitution, settlement, treatment plans) and times the application.
By Case Type
What effect does settlement have in a sex crime case?
Sex crimes are no longer subject to complaint-withdrawal dismissal, so settlement does not bar prosecution — but the victim’s expressed wish not to punish weighs heavily at sentencing. Approach must go through counsel; direct contact risks being treated as secondary harm.
Related areas: Sex Crimes
First-time simple drug use — can imprisonment be avoided?
No outcome can be assumed. Courts weigh recidivism risk above all; what matters is objective evidence of rehabilitation — diagnosis and treatment plans, recovery program attendance, family supervision. Early preparation during the investigation stage is decisive.
Related areas: Drug Crimes
Can a DUI license revocation be challenged?
Yes — revocation is an administrative measure separate from the criminal case and can be contested through administrative appeal and litigation, within strict deadlines (90 days for administrative appeal). Manage both timelines from day one.
Related areas: Traffic Crimes
False statements about me are spreading online. What comes first?
Preserve evidence first — capture URL, timestamps, and context before deletion. Then sequence identification of the poster, takedown requests, and criminal and civil actions. Avoid replying publicly before setting strategy with counsel.
Related areas: Cyber Crimes
Our company is being searched. What should employees do?
Verify the warrant, call counsel immediately, and put objections to out-of-scope seizure on record without obstructing execution. Employees need not answer on-the-spot questions — "I will answer after consulting counsel" suffices.
Related areas: Economic & Property Crimes · White-Collar & Corporate Crimes