Criminal Defense Attorney. Criminal Justice Lawyer
Today, you may easily become accused in a criminal case and quite frequently it happens without any legal grounds. Television and newspapers almost daily report of illegal detentions, inadequate conduct of those persons who are supposed to protect human rights, physical abuse during arrests and interrogations. Sometimes, a person just happens to be in the wrong place at the wrong time and gets accused of criminal offences that they have nothing to do with.
In order to stay safe and protected against unfounded accusations and unlawful actions, every Ukrainian citizen needs to know their rights secured by the Constitution of Ukraine and the European Convention on Human Rights.
How can a criminal defense lawyer help in Kyiv?
Investigators and public prosecution officers are usually interested in reporting high crime-solving performance. That’s why, in many cases, they don’t take too much effort to find the real offender, trying instead to establish the guilt of that person who has happened to be present at the crime scene and taken into custody.
A competent criminal law attorney is interested in proving that their client has nothing to do with the crime or at least mitigating the punishment where the client is guilty.
Depending on the circumstances in your particular case, a criminal defense attorney may achieve the following:
- total exoneration of the detained client from criminal responsibility;
- replacement of initial punishment imposed on the accused by another one, alternative to imprisonment;
- reduction of the prison sentence to minimum;
- early release from imprisonment, etc.
Our criminal defence lawyers will take care of collecting adequate evidence that would be in line with expert opinions and drawing up all necessary service documents. We will draft and submit all statements, motions, or complaints as may be required to acquit you or mitigate your sentence.
Requirements to a criminal justice attorney
The Criminal Procedure Code of Ukraine (CPC) sets forth a number of requirements for attorneys who can defend accused clients in criminal cases. In particular, Article 45 of the CPC states that a defense counsel in a criminal case is an attorney who defends the accused. The second paragraph of Article 45 sets out that a defense counsel in a criminal case may only be a person listed in the Unified Register of Attorneys of Ukraine. The register must not contain any indications that this person’s right to practice law has been suspended or terminated.
Article 50 of the CPC of Ukraine provides a list of documents required for attorneys to be admitted as defense counsels in criminal cases.
A criminal attorney must have the following documents:
- License to practice law (certificate of admission to the Bar)
- A warrant of attorney, an agreement signed with the defense counsel, or a power of attorney issued by the institution authorized by law to provide legal aid.
This means, the availability of the two above documents is enough for an attorney to defend his or her client in a criminal case.
The second paragraph of the same article also indicates that no other requirements or conditions are applicable to an attorney so that he/she could act as a defense counsel in the court.
What qualities should an attorney have to participate in a criminal case?
Despite the Criminal Procedure Code of Ukraine requires an attorney to have only two documents available to prove their rights to act as a defense counsel in a criminal case, it is beyond argument that an attorney’s personal qualities are of great importance. For defending their client in the case proceedings, an attorney needs to collect necessary evidence, commission relevant experts, find witnesses, and prove the innocence of their client before the court, and for all that the attorney needs to be more just a good professional who knows their stuff – he or she has to be a strong personality as well.
Which is why, when choosing a criminal law attorney, take notice of the following qualities:
- Appropriate theoretical knowledge — an attorney needs to have a thorough knowledge of effective laws and the Criminal Procedure Code of Ukraine so that they could feel at ease at the court;
- Extensive practical experience – the more won cases there are on the attorney’s work record, the more likely it is that such competent professional will turn your case into a success too;
- Behavioral competence in dealing with representatives of law enforcement authorities — for building a proper dialogue with the police, investigators, and public prosecution officers, an attorney needs to understand the special nature of their job and have the ability to resist psychological pressure. These are qualities that are essential for a criminal defense solicitor;
- Some psychological qualities such as the ability to maintain self-control in stressful situations; skills to calm down their client and win his or her trust; confident and convincing conduct during the court hearings in the case and capacity to persuade the judge in their own viewpoint. These are the things that are perfectly capable of influencing the outcome of your case.
We at Morgun & Partners Law Firm can boast all of the above strengths. Our skilled criminal defense lawyers have a profound theoretical knowledge and extensive practical experience, as well as impeccable personal characteristics.
So if you need to find a criminal defense attorney – feel free to contact us!
What we offer our clients is the full-service legal support in criminal cases. We stand ready to provide the following services in the area of criminal law practice:
- legal support provided at the pre-trial investigation stage;
- defense of persons taken in custody and accused of criminal offences;
- arranging the release of detainees from custody;
- challenging of decisions, actions or omissions of the public prosecution in the course of pre-trial investigations;
- representation of the suspects and advocacy during legal proceedings at the courts of the first, appeal and cassation instances, and review of judgements by
- the Supreme Court of Ukraine — we take up cases of all complexity levels;
- drafting petitions of appeal and cassation, or petitions for review of the case by the Supreme Court of Ukraine;
- challenging of court orders on case dismissals, where the client doesn’t agree with the dismissal;
- highly qualified legal assistance to witnesses;
- protection of the rights, freedoms and legitimate interests of the accused and those who may become subject to coercive medical or re-education measures or extradition;
- legal protection of victims;
- recovery of damages caused by criminal offences from persons or entities, and other services related to criminal proceedings.
We guarantee full confidentiality regarding any client issues.
Our great advantage is the fixed fee we charge for a particular package of legal services, as well as our hourly rates allowing you to pay only for the actual time spent. This approach will save your money!
Benefits of a criminal defense attorney
Our legal professionals at Morgun & Partners Law Firm have the following benefits:
- are members of the Committee on Criminal and Criminal Procedural Law of the Ukrainian Bar Association (UBA);
- are multiple winners of criminal law awards;
- continuously improve their knowledge and skills, participate in various conferences and forums on criminal justice;
- are authors of numerous publications devoted to criminal science topics;
- have a long-lasting experience and impeccable work record as successful attorneys and lawyers specializing in criminal law practice.
Criminal Defense Attorney
Morgun & Partners Law Firm offers professional defense to our clients in criminal cases of any complexity level, whether during pretrial investigations or court hearings (in courts of all instances).
Criminal defense attorney offers:
- Counselling and representation in relations with law enforcement authorities, such as agencies of the National Police of Ukraine, tax (financial) police, the prosecutor’s office, the State Security Service of Ukraine, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine;
- Protection of the company’s management and governing bodies from criminal prosecution;
- Protection of clients in interrogations as witnesses, suspects or accused parties;
- Defense of clients in criminal proceedings on white-collar, economic and corruption-related offences, on criminal charges related to administrative and economic activities, crimes in the field of occupational health and safety, traffic safety and transport operation, crimes against property, as well as crimes against life and health of diverse complexity levels, at the stage of pre-trial investigation and in the court;
- Drafting crime incident reports for initiating criminal proceedings, where there are sufficient grounds;
- Defense of rights and representation of interests of victims, civil claimants, defendants;
- Legal investigation support in the client’s interests, within the bounds of criminal procedure laws, including:
- gathering necessary evidence and requesting necessary documents;
- questioning witnesses, with their consent;
- engaging specialists and experts;
- arranging for necessary expert reviews, assessing the quality of completed studies and their findings.
Morgun & Partners Law Firm provides services aiming to prevent and eliminate criminal risks for companies and their business activities.
Criminal lawyer in Kyiv will:
- Give advice and perform legal assessment of the circumstances faced by clients in their direct interaction with law enforcement authorities before criminal proceedings are initiated, and prepare recommendations;
- In the client’s best interests, draft written replies to enquiries of law enforcement authorities; where necessary, challenge requests for information and documentation;
- Analyze the borrower’s or debtor’s activities to identify criminal elements in their actions;
- Issue criminal legal opinions on business projects, management decisions, the company’s current activities, and identify potential risks in business;
- Examine documents submitted by the client and perform their legal assessment, obtain additional information, prepare opinions on prospects of the case; carry out legal checks of the client’s documents for compliance with applicable criminal laws;
- Issue legal opinions on the indications of corruption, power abuse, entrapments, negligence in the actions of law enforcement and controlling authorities;
- Prepare written conclusions on existing judicial and investigative practice with regard to legal issues arising in the field of criminal law and criminal procedure;
- In the client’s best interests, negotiate with potential parties to criminal proceedings, including individuals and legal entities (victims, potential
offenders, civil claimants, etc.), for decision making of whether or not to initiate criminal proceedings;
- Assist with carrying out internal corporate investigations in the event elements of crime are found in the company;
- Advise clients’ staff regarding rules of conduct, as well as standard procedures in the course of activities undertaken by law enforcement authorities.
Criminal lawyer may render services in the city of Kyiv or anywhere throughout Ukraine.
Our criminal lawyers have an impressive background of defending clients in criminal proceedings over tax evasion, sham business, and money-laundering.