Question 1

What should I do if I am detained by the police?

Accepted Answer

The golden rule is to remain calm and do not offer physical resistance. Your first steps should be:

- Demand that they state their position, rank, and the legal grounds for your detention.
    
- Demand the immediate drafting of an arrest record (detention protocol). Ensure the exact time is recorded minute-for-minute — this triggers the detention period, which cannot exceed 72 hours without a court order.
    
- Demand that your relatives and the Free Legal Aid Center be notified immediately (if you do not have a private attorney). The police are legally required to do this without delay.
    
- Do not sign anything without your attorney present. If forced, write in the signature block: "I do not agree, my rights were not explained, I demand an attorney."

Question 2

Am I required to give a statement or testify upon arrest?

Accepted Answer

No, you are not. Furthermore, giving any statements in the first hours after arrest without prior confidential consultation with an attorney is the most critical mistake you can make. Anything you say under stress or pressure will be used against you, even if you subsequently recant those words.

Question 3

What does the right to remain silent mean, and when should I use it?

Accepted Answer

This right is guaranteed by Article 63 of the Constitution of Ukraine: a person shall not bear responsibility for refusing to give testimony or explanations regarding themselves, members of their family, or close relatives.

When to use it: From the very first second of contact with law enforcement until you have discussed your defense strategy one-on-one with your attorney. Invoking Article 63 of the Constitution is a legal right; it is not an admission of guilt and cannot be interpreted as evidence against you.

Question 4

Can a search be conducted without an attorney present?

Accepted Answer

By law, the investigator or prosecutor has no right to forbid an attorney from participating in a search. If an attorney arrives at the search location, they must be admitted at any stage. If a search was initiated or conducted while completely ignoring your right to counsel and your lawful request to call one, all seized evidence may later be ruled inadmissible by the court (under the "fruit of the poisonous tree" doctrine). Be sure to record the refusal to admit your attorney in the written objections section of the search protocol.

Question 5

What is a notice of suspicion, and what rights do I get after receiving it?

Accepted Answer

A notice of suspicion is an official procedural document. Upon its service, you officially acquire the status of a suspect. From this moment on, the state brings a specific criminal charge against you.

Your key rights after being served a notice of suspicion:

- To know exactly what criminal offense you are suspected of committing.
    
- To gather and submit your own evidence to the investigator (alibis, documents, expert opinions).
    
- To file motions for investigative actions (interrogations of witnesses, cross-examinations, expert appraisals).
    
- To demand a judicial review of the legality of your detention.

Question 6

How can I appeal a pretrial restriction, such as pretrial detention or house arrest?

Accepted Answer

Pretrial restrictions are ordered exclusively by an investigative judge. They can be challenged in two ways:

1. Appeal: An appellate complaint must be filed within 5 days from the date the court order was announced. The Court of Appeals reviews whether genuine risks (fleeing, tampering with witnesses) actually exist to justify isolation.
    
2. Motion to modify or revoke: Filed with the investigative judge during the pre-trial investigation if circumstances have changed (e.g., deterioration of health, new documents refuting the suspicion, or the willingness of personal guarantors to take custody of the individual).

Question 7

How can pretrial detention be replaced with bail, and what is the minimum bail amount?

Accepted Answer

When choosing pretrial detention as a preventive measure, the investigative judge is required to set a bail amount (except in extraordinary cases: violent crimes, drug trafficking, military crimes, or crimes against national security).

- How to replace it: By depositing the designated funds into the court's special escrow account (this can be done by relatives, friends, or the suspect himself). Once the bank confirms payment, the individual is immediately released from the pretrial detention center (SIZO).
    
- Minimum amount: It depends on the severity of the crime and is calculated based on the living wage (LW) for able-bodied individuals. For minor offenses, minimum bail ranges from 1 to 20 LWs; for serious crimes, 20 to 80 LWs; and for exceptionally serious crimes, 80 to 300 LWs. The court may exceed these limits in exceptional cases.

Question 8

What is a plea agreement, and when is it beneficial?

Accepted Answer

It is an official contract between the suspect (defendant) and the prosecutor, which must be approved by the court. The parties agree that the suspect unconditionally pleads guilty, and in return, the prosecutor agrees to a lenient sentence (e.g., a fine instead of imprisonment or a suspended sentence with a probation period).

When it is beneficial: When the prosecution's evidence is overwhelming, there is no chance of an acquittal, and the agreement guarantees you will avoid actual prison time. Entering into an agreement also significantly shortens the duration of the trial.

Question 9

Can criminal proceedings be dismissed at the pre-trial investigation stage?

Accepted Answer

Yes, they can. Proceedings are dismissed by a decree (resolution) issued by the investigator or prosecutor. The most common grounds for defense include:

- Absence of a criminal event or lack of the elements of a crime (e.g., a civil dispute was artificially escalated into a criminal matter).
    
- Insufficient evidence to prove guilt in court combined with the exhaustion of opportunities to obtain more evidence.
    
- Expiration of the pre-trial investigation time limits after the person was notified of suspicion (commonly referred to as the "Lozovyi amendments").

Question 10

What is the difference between a witness and a suspect in a criminal process?

Accepted Answer

|Criterion|Witness|Suspect|
|---|---|---|
|Essence of Status|A person who may know circumstances relevant to the case.|A person who is officially charged with a crime.|
|Duty to Testify|Obligated to give truthful testimony. Refusal or lying results in criminal liability.|Has the right to remain silent and may refuse to answer any questions.|
|Right to Counsel|Entitled to have an attorney present during interrogation.|Entitled to full defense, confidential meetings, and a public defender if eligible.|

Question 11

Can I be interrogated as a witness if I am actually the suspect?

Accepted Answer

Unfortunately, this is a common tactic used by law enforcement: summoning an individual as a "witness" to force them to disclose everything under threat of criminal liability for refusing to testify, and subsequently serving them a notice of suspicion based on their own words.

Your Defense: Even as a witness, you have the full right to invoke Article 63 of the Constitution of Ukraine and refuse to answer questions that may directly or indirectly incriminate you or your relatives. You also have the right to attend such an interrogation accompanied by your own attorney.

Question 12

How do I obtain official victim status in criminal proceedings?

Accepted Answer

Victim status arises automatically from the moment you file a report of a criminal offense committed against you or file a motion to join the ongoing proceedings as a victim. The police are required to issue you a memorandum outlining your rights as a victim. If the investigator ignores your rights or refuses to recognize you as a victim, this decision can be appealed to the investigative judge.

Question 13

How do I file a civil claim within criminal proceedings?

Accepted Answer

If a crime has caused you material damage (financial losses, destroyed property, medical expenses) or moral injury, you can lodge a civil claim directly within the criminal trial.

- When to file: Anytime after the criminal proceedings are initiated, but strictly before the trial on the merits begins.
    
- Advantage: You are exempt from paying court fees, and the damages are proven concurrently with the defendant's guilt by the investigative authorities.

Question 14

Can I increase the amount of a civil claim after it has been filed?

Accepted Answer

Yes, you can. You have the right to amend (increase or decrease) the scope of your claims by submitting a written statement. However, this must also be done before the trial on the merits begins in the court of first instance (or during the preparatory court hearing stage). Once the trial on the merits starts, amending the claim is prohibited.

Question 15

How do I appeal an acquittal or a conviction?

Accepted Answer

An appeal is initiated by filing an appellate complaint to the Court of Appeals through the court of first instance that rendered the verdict.

- Deadline: The deadline to file an appeal is 30 days from the day the verdict was pronounced. (If the individual is in custody, the period runs from the moment they are served a physical copy of the verdict).
    
- Who can appeal: The defendant, their defense attorney, and the prosecutor. The victim may also appeal the verdict, but only regarding parts that affect their specific interests or the civil claim.

Question 16

What is rehabilitation, and how do I get state compensation for unlawful prosecution?

Accepted Answer

Rehabilitation is the full restoration of rights for an individual who was unlawfully prosecuted, convicted, or detained. The legal grounds require an acquittal by the court or the dismissal of the case due to the absence of a crime.

Damages caused by the unlawful actions of inquiry bodies, investigators, prosecutors, or courts are compensated by the state in full (under the Law of Ukraine No. 266/94-VR). The individual is entitled to:

- Return of property or money (fines) seized during the proceedings.
    
- Compensation for lost earnings during suspension from office or time spent in pretrial detention.
    
- Restitution for moral damages covering the entire duration of being under investigation or trial (calculated by the court based on the statutory minimum wage for each month of unlawful prosecution).

Question 17

What happens during the initial consultation, and what documents should I bring?

Accepted Answer

The initial consultation in criminal matters is a confidential legal assessment of your situation, fully protected by attorney-client privilege. The attorney evaluates the client's procedural status, analyzes existing risks, identifies potential violations committed by law enforcement, and drafts a defense plan for the investigation or trial stage.

What you should prepare and bring with you:

- Client's passport and Tax ID (ITN).
    
- All available procedural documents: rights memoranda, subpoenas/summonses, search or arrest protocols, copies of the notice of suspicion, and court orders regarding pretrial restrictions (if already issued).
    
- Any documents reflecting your personal background or supporting an alibi (medical records, family status certificates, receipts, contracts).
    
- Recommendation: If you have been summoned as a witness or became aware of law enforcement interest in you, write down a detailed chronology of events beforehand. This helps the attorney quickly pinpoint weaknesses in the prosecution's case.

Service	Price
Oral consultation	Free
Urgent consultation upon arrest (24/7)	from $50
Written legal consultation with case file analysis	from $50
Attorney attendance at interrogation (witness / suspect)	from $100
Attorney attendance during a search	from $125
Appealing arrest or actions of the investigator / prosecutor	from $100
Defense during pretrial restriction hearings (before investigative judge)	from $200
Motion to modify / revoke pretrial restrictions	from $125
Recovery of temporarily seized property	from $100
Drafting and negotiating a plea agreement	from $200
Dismissal of criminal proceedings (pre-trial stage)	from $250
Criminal defense in the court of first instance	from $500
Appellate appeal against a verdict	from $200
Representation in the Court of Appeals	from $375
Cassation appeal to the Supreme Court	from $250
Representation in the Supreme Court	from $375
Representation of a victim + filing a civil claim	from $250
Rehabilitation and recovery of damages from unlawful prosecution	from $200

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