Arrest is one of the most important stages of criminal proceedings. Decisions made and statements given by a person during this period can have a significant impact on the subsequent course of the case. The timely involvement of a criminal defense lawyer is therefore important.
Avtandil Giorgadze represents and defends detained and accused persons in Tbilisi and throughout Georgia — before the police, investigative authorities, the prosecution service, penitentiary institutions, and courts.
Fundamental Rights of a Detained Person
A detained person has the right to:
- know the grounds for the arrest and the criminal offense in connection with which they were arrested;
- request the immediate assistance of a lawyer;
- exercise the right to remain silent and not testify against themselves;
- inform a family member or close relative of the arrest;
- use the services of an interpreter where necessary;
- review the arrest record and make comments on it;
- receive medical assistance if required by their condition.
Providing statements about the circumstances of the case before consulting a lawyer may harm the defense position. A person’s exercise of the right to remain silent does not constitute an admission of guilt.
What Does a Lawyer’s Assistance During Arrest Include?
The lawyer:
- meets with the detained person immediately and explains their rights;
- determines the reason and legal grounds for the arrest;
- attends interviews, questioning, and other investigative actions;
- protects the person from pressure and from giving self-incriminating testimony;
- examines the lawfulness of the arrest and investigative actions;
- reviews the initial evidence presented by the prosecution;
- determines the initial defense strategy;
- challenges unlawful actions where necessary.
Bringing Charges
When charges are brought, the person is formally informed of the specific criminal offense they are alleged by the investigation to have committed and the evidence on which the charges are based.
The lawyer assesses:
- whether the charges are clear and substantiated;
- whether the alleged conduct corresponds to the legal classification of the criminal offense;
- whether sufficient evidence exists to support the charges;
- whether the accused person’s procedural rights have been violated;
- which defense strategy should be selected for the next stage of the case.
Hearing on a Measure of Restraint
After charges are brought, the prosecution may request that the accused be placed in pretrial detention, granted bail, or subjected to another measure of restraint. The matter is considered by the court.
The lawyer presents the defense arguments and relevant evidence to the court to prevent the unjustified application of a severe measure of restraint. Each case requires an individual assessment, and the outcome depends on the circumstances of the case and the evidence presented.
Why Is the Timely Involvement of a Lawyer Important?
Properly determining the defense strategy is especially important from the very first stage of the arrest. A delayed response, an incorrect statement, or investigative actions conducted without a lawyer may make the person’s subsequent defense more difficult.
If you or someone close to you has been detained, it is advisable to contact a criminal defense lawyer immediately.