Legal assistance in submitting an explanation

What are the advantages of this service?

Although the filing of an explanation is only a preparatory act in which there is no entitlement to a defence, it is worthwhile to have the assistance of a lawyer. He or she can consult with you about the conduct of the deposition and suggest the right strategy. You will go to the police interview with confidence and know exactly what your rights are and how to proceed.

How will our cooperation work and what will you get as part of the service?

You will appreciate this service if:

• You have received a summons to give an explanation and you do not know what to expect.
• You know you are facing a charge of a criminal offence.
• You have volunteered to give an explanation without prior consultation and would like advice on the outcome and next steps.
• You want to take advantage of all your rights and prevent the initiation of criminal proceedings, or reduce or avert an unfair sanction.
• You are looking for a reliable lawyer who knows criminal law and can stand up for your rights.

What have we already helped clients with?

During our many years of practice, we have been involved in the following cases, among others:

• We saved Mr. Miroslav from imminent criminal prosecution by ensuring that everything that was said during the explanation was actually added to the record. In the original version of the protocol, several facts were omitted or altered.
• The presence of a lawyer at the interrogation helped more than once to expose questions of the interrogators that are inadmissible from the point of view of law – i.e. various guiding and suggestive questions that can influence the interrogated person’s answer. In the case of such questions, we have alerted the investigating officer to the inappropriateness of such a question and the need to rephrase it.
• Clients whose attorney was not present when the explanation was given often pointed out minor discrepancies between their statement and the recorded transcript. However, what did not seem important to them at the time of signing often turned out to be crucial later. We always place great emphasis on this consistency.
• Some of our clients have been surprised by the seemingly trite advice that in an interview, even the answer “I don’t know” or “I don’t remember” may be on the mark. In our experience, some witnesses want to “please” in some way, while others do not want to admit that they do not know something. However, instead of then stating that “the man was probably 6’3” (at a time when they have no idea of his height), and thus inadvertently putting the investigator on the wrong track, the answer “I don’t know” is really preferable.
• Such clients who are guilty and admit their guilt have protection in the law in the form of a prohibition on coercion to incriminate oneself, or the right to refuse to testify. In such a case, there is no circumvention of the law or avoidance of justice, but a consistent application of what the law allows. Distinguishing when it is appropriate to exercise a given right and when, on the other hand, the admission will be taken as a mitigating circumstance is beneath the discernment of most legal laymen. However, an experienced attorney can advise you on the appropriate course of action at any given time.

What can you expect from the Available Advocate?

After a thorough analysis of your situation and suggesting a course of action, we can also help you with accompaniment or legal representation. If you are facing criminal proceedings in which you could be a defendant, we can advise you on what to point to in your proceedings and what evidence to obtain if necessary.

Client Service Guarantees

In our experience, even the mere presence of an attorney during an explanation will guarantee a client treatment that is exactly in accordance with the law. Even without a lawyer present, however, it is a good idea for the client to demonstrate knowledge of his or her rights and not be discouraged in asserting them.

Investing in legal assistance at this stage can significantly increase the likelihood of not starting criminal proceedings and the need for an extensive defence.

In the event that a defence is nevertheless necessary, we outline the options for our clients, but always leave the final decision entirely to them. You can change your chosen strategy at any time or arrange with us to develop a different strategy.

With Accessible Advocate, you can always be sure that everything will always go as you wish, with our support and full legal service.