Criminal cases are not just about money or contracts. Personal freedom, reputation, property and future professional life are often at stake. That’s why it doesn’t pay to choose a lawyer based on price or first impression alone. It is important that he or she understands the Criminal Procedure Code, can react quickly in the preliminary proceedings and knows whether he or she is representing the accused, the victim or another person in a criminal case.
Quick overview
If you are a defendant, only a lawyer can be your criminal defence lawyer. The situation is different for the victim: he or she can be represented by an agent, which can be a legal person, but in some situations the court appoints a lawyer directly as the agent. The choice therefore depends mainly on the role you play in the criminal proceedings, whether you need prompt assistance at the first interview, and whether the case is one where a defence may be necessary. In practice, the biggest mistake is to wait to choose a lawyer until the situation is well underway.
In practice, criminal law relies primarily on two basic provisions: the Criminal Code and the Criminal Procedure Code. The Criminal Code defines what constitutes a crime and what penalties can be imposed. The Criminal Procedure Code, on the other hand, regulates the procedure of the law enforcement authorities, i.e. the police, the prosecutor’s office and the courts.
Whoever chooses a lawyer for a criminal case should take into account that it is not just a matter of knowing the “paragraphs on penalties”. A good criminal lawyer must also understand the procedural rules: interrogations, complaints, appeals, custody, plea bargaining, protecting communication with the client or the rights of the victim. In addition, other laws come into play in many cases, such as the Detention Act or the Victims of Crime Act.
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The role of an attorney varies depending on who he or she represents. For the accused, it is the defence. The Criminal Procedure Code expressly provides that only a lawyer may act as a defence counsel in criminal proceedings. He may be represented by a paralegal for individual acts, but only to the extent permitted by law.
In the case of a victim, the situation is broader. The victim may be represented by an agent, which may also be a legal person. If the agent is a natural person, he or she must be fully capable of acting in his or her own right and may not, for example, be a person called as a witness, expert or interpreter in the same case. The agent may make motions, applications and appeals on behalf of the injured party and participate in acts in which the injured party may also participate.
In practice, this means that an attorney typically assists in criminal law:
Not all criminal cases are equally urgent. However, there are situations where choosing a lawyer quickly is really important. Typically, this involves an initial interview, arrest, imminent detention, search, seizure of property or the moment when a criminal prosecution has already been initiated. This is often when decisions are made about the procedural footprint of the case and what cannot be easily remedied later.
The lawyer is also of particular importance in cases of necessary defence. The Code of Criminal Procedure stipulates that an accused person must have a lawyer, for example, if he is in custody, serving a sentence, if his legal capacity is limited, if the proceedings are against a fugitive or if the proceedings are for an offence with a maximum sentence exceeding five years. The defence is also mandatory in other special situations.
Practically speaking: the earlier a lawyer gets to the case, the more chance he has to influence the strategy of the defence or representation of the victim.
When making a choice, it is wise to look less at marketing buzz phrases and more at specific criminal trial experience. A criminal case has a different pace than a regular civil case. Often you need to respond within hours, not days.Therefore, an attorney should be able to deal with the police, prosecutor, and court, navigate the pretrial process, and know the difference between tactical silence and active trial defense.
It is also important whether the lawyer can explain the procedural situation in a clear manner. In practice, we often see that the client is not only looking for a “strong advocate”, but more importantly for someone who will clearly tell him what is happening, what may follow and what risks are real and what are only perceived. This is crucial in criminal cases because the stress is high and the room for bad decisions is large.
It is also a good idea to check whether the solicitor normally acts in the same procedural role as you. A defendant’s attorney needs different experience, a victim’s attorney needs different experience. In addition, for victims, it is advisable for the attorney to understand claims for damages, non-pecuniary injuries and the rights of crime victims.
Before you decide, it makes sense to ask a few practical questions. It’s not a formality, but a way of finding out if the solicitor is really right for you.
For example, it makes sense to ask:
In practice , it is a common mistake to choose only on the basis of the lowest price. But in criminal cases, availability, experience and the ability to take initiative quickly are often more important. A low price in itself says nothing about quality, but it may mean that the lawyer will not have enough time to deal with the case or will deal with it more formally.
When making a choice, it is good to remember that a “criminal lawyer” is not a one-size-fits-all role. A criminal defense attorney protects the accused’s procedural rights, monitors the legality of actions, proposes evidence, and builds a defense. The victim’s attorney, on the other hand, seeks to ensure that the victim can fully exercise his or her procedural rights and, where appropriate, his or her claim for damages or injury.
In addition, the injured party may in some cases be represented free of charge or at a reduced fee. The Code of Criminal Procedure expressly provides that a victim under the age of 18 and a particularly vulnerable victim are entitled to legal aid provided by a commissioner free of charge under legal conditions and, if they do not choose a commissioner themselves, the court may appoint a lawyer from the register of providers of assistance to victims of crime.
In practice, this is particularly important for victims of domestic violence, sexual offences or victims with a higher level of vulnerability.
Has new evidence, new witnesses or a new alibi emerged in your case? Take the opportunity to file a motion for retrial. If the court approves the motion, it means the original decision will be overturned and a new criminal trial will be held.
The first consultation shouldn’t just be about a “quick opinion”. In a criminal case, it is often crucial what documents the lawyer has immediately, whether he or she knows the exact procedural stage, and whether he or she knows what the client has already told the police or other authorities. Without this, it is easy for even well-intentioned advice to be too general.
In practice, the biggest mistake is when a person first gives evidence, signs something and then starts looking for a lawyer. This is not always fatal, but it can narrow the scope for defence unnecessarily. The same applies to victims who make a late claim for damages or injury and then have to deal with everything outside the criminal proceedings.
The right criminal law solicitor should not be chosen on price or name recognition alone. What is crucial is whether they really understand criminal proceedings, can act quickly and have experience of the role you are acting in. If you are the defendant, only a lawyer can be your defense attorney. If you are the victim, you may have an attorney and in some cases be entitled to free legal aid. Choosing a lawyer at the outset of the case is most important, when the future course of the defence or representation of the victim is set.
Yes. The Code of Criminal Procedure expressly provides that only a lawyer may act as a defence counsel in criminal proceedings.
Yes. The injured party can be represented by an agent, which can be a legal person. If the agent is a natural person, he or she must meet the legal conditions.
For example, where the accused is in custody, serving a sentence, has a reduced capacity, is a fugitive, or where the upper limit of the sentence exceeds five years.
In some cases, yes. Particularly vulnerable victims and victims under the age of 18 are entitled to legal aid provided by the Commissioner free of charge under the legal conditions.
He or she should ascertain the exact procedural stage, review what has already been said or signed in the case, and suggest a course of action based on the client’s role in the proceedings. In practice, this is often more important than “dealing with the consequences” later.
Yes. It is the preliminary proceedings that are crucial for the further course of the case and many important procedural decisions are made before the trial.
Need help with filing a lawsuit or representing yourself in court? Whether the litigation is just beginning or the case is well underway, we can help you with everything. We will conduct a thorough analysis, assess your realistic chances and suggest a course of action. All this within 48 hours of ordering our services.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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