The principal evidence in a criminal case is formed during the investigation stage, and the subsequent direction of the case is determined. The timely involvement of a lawyer during this period is particularly important because properly establishing the defense position and promptly obtaining evidence may significantly affect the outcome of the case.
Avtandil Giorgadze protects the interests of accused persons during the investigation stage — before the police, the prosecution service, other investigative authorities, courts, and penitentiary institutions.
What Does Defense During the Investigation Include?
The criminal defense lawyer:
- meets with the accused person and explains their rights;
- examines the substance of the charges and the legal circumstances of the case;
- reviews the case materials available to the defense;
- assesses the lawfulness and reliability of the prosecution’s evidence;
- attends interviews, questioning, and other investigative actions;
- prepares and submits motions and complaints;
- obtains information and evidence relevant to the defense;
- where necessary, requests an expert examination and/or arranges an alternative expert examination;
- examines whether the accused person’s procedural rights have been violated;
- develops an individualized defense strategy.
Assessment of Case Materials and Evidence
Not all information obtained during an investigation automatically constitutes lawful and reliable evidence. It is necessary to examine how the evidence was obtained, whether the procedure established by law was followed, and the extent to which it supports the prosecution’s version of events.
The lawyer assesses:
- statements made by witnesses and other persons;
- the results of searches and seizures;
- video and audio recordings;
- expert opinions;
- electronic and digital evidence;
- records of investigative actions;
- contradictions between the evidence.
If evidence has been obtained in violation of the law, the defense may request that it be declared inadmissible in accordance with the procedure established by law and excluded from the criminal case.
Collection of Evidence by the Defense
The defense should not be limited solely to assessing materials collected by the investigation. The lawyer independently determines which information and evidence may be important for supporting the accused person’s position.
As part of the defense, it is possible to:
- speak with and interview witnesses;
- obtain documents and records;
- locate video surveillance recordings;
- request electronic information through the proper procedure;
- engage specialists and experts;
- request an alternative expert examination;
- identify circumstances that contradict the prosecution’s version;
- verify an alibi and other exculpatory circumstances.
The timely collection of evidence is particularly important because a video recording, document, or other information may no longer exist at a later stage or may become more difficult to obtain.
The Lawyer’s Participation in Investigative Actions
During an investigation, interviews, questioning, searches, seizures, identification procedures, investigative experiments, collection of samples, expert examinations, and other procedural actions may be conducted.
The lawyer’s participation ensures that the accused person knows their rights, does not give testimony against themselves, and that investigative actions are conducted in compliance with the procedure established by law.
Motions and Complaints
During the investigation stage, the lawyer may request that a specific investigative or procedural action be conducted, additional evidence be obtained, an expert examination be ordered, or an appropriate response be provided to a violation of the accused person’s rights.
When an unlawful or unsubstantiated decision is made, the lawyer uses the appeal mechanisms provided by law.
Why Is the Timely Involvement of a Lawyer Important?
Decisions made at the initial stage of an investigation are often difficult to change later. The timely involvement of a lawyer makes it possible to establish the defense position correctly from the outset, preserve important evidence, and respond promptly to possible procedural violations.