When do you need a lawyer in criminal law?

In order for a criminal lawyer to get a comprehensive picture of your case, it is worth preparing well for the initial consultation. Remember that your lawyer will always stand up for your rights one hundred per cent. However, she can only do this if you are open and honest with her. This is another reason why it is important that there is a relationship of trust between lawyer and client. Prepare your initial consultation as follows:

• Write down questions: Write down questions you would like to ask your lawyer in advance so that nothing is forgotten in the rush.  
• Formulate goals: Think about what exactly you want to achieve and what help you need from your lawyer to do so. This is the only way the lawyer can work out a target-oriented strategy.
• Prepare documents: Compile all relevant documents and bring them with you to the first appointment. Court documents, letters from lawyers, but also letters, emails, invoices and receipts are particularly important as they will give your lawyer an in-depth insight into the situation and may serve as evidence. 
• Create a timeline: A chronological overview helps your lawyer to grasp the overall picture. Don't leave anything out and don't gloss over anything. This is the only way your lawyer can get a comprehensive picture of your case and develop a sensible strategy.
• Compile coordinates: If there are other people involved in the matter besides you and the opposing party, for example as witnesses, it makes sense to compile a complete list of names, addresses and contact details. 
• Check deadlines: When arranging the appointment, inform your lawyer of any deadlines that you have to meet.
• Bring your insurance policy: If you already have legal expenses insurance, it is best to bring the policy with you to the initial consultation.

In addition, there are also discretionary powers regarding the further procedure of the criminal proceedings, e.g:

• The discontinuation of proceedings (with or without a fine);
• The written penalty order procedure;
• Refraining from punishment;
• Acquittal;
• Cautions or custodial sentences (from a few months to several years).

In other words, the outcome of the criminal proceedings usually remains open, but success always depends on taking the right steps. Nevertheless, many people do not go to a lawyer, either because they do not take the accusations seriously or perhaps because they do not know the consequences of criminal proceedings well enough.

Find a lawyer: The sooner, the better...

In many situations, many people admit their own guilt and simply resign themselves to the pressure of the criminal proceedings or accept the consequences without taking a differentiated look at their legal options and rights.

Often, due to a lack of trust in the police and the justice system, people even rely on the positive outcome of the proceedings or that the case will somehow be resolved and end well.

In criminal law, it is essential to obtain legal advice as quickly as possible and very important not to make any statements to the police or other authorities without consulting a specialist lawyer.

A lawyer specialising in criminal law will provide you with competent, solution-oriented advice and enforce your rights before the competent courts and authorities. Because a good lawyer knows exactly what your rights are.

In which cases is a criminal law lawyer recommended?

A lawyer is responsible for the proper defence of his client. This requires comprehensive knowledge of the law.

It is advisable to consult a lawyer in the following areas of law:

• Assetoffences (fraud, robbery, theft, embezzlement, etc.)
• Assault and domestic violence
• Insult, defamation etc.
• Offences against sexual integrity
• Offences against the Narcotics Act
• Traffic law
• Juvenile criminal law
• Corporate criminal law
• Documentary offences, and
• Economic criminal law

Is it possible without a court?

In addition to the great difficulties with the rights of evidence in criminal law, there are also many ways to end criminal proceedings outside of court if there is substantial proof of the offence, such as:

• Discontinuation of proceedings
• Summary penalty order
• Non-opening of the proceedings
• Referral to private prosecution
• Discontinuation against payment of a fine

However, the help of a specialised lawyer is required here in order to effectively enforce everything. As generally only a lawyer knows the typical weaknesses of the judicial system, such as work overload, substantive legal problems, criminal procedural hurdles, etc., and can exploit these to the client's advantage.

There is also the possibility of so-called "deals" (plea bargains) with the investigating authorities in order to end the proceedings between lawyers or public prosecutors.

Nevertheless, it is also advisable to consult a specialised lawyer in these situations in order to clarify in advance whether criminal investigations are imminent and what consequences may arise or have arisen.

Is it possible to mitigate a penalty?

It is extremely important to have access to the investigation files so that the accused can defend themselves effectively in a criminal trial. A lawyer with experience will request access to the files and thus obtain comprehensive information about the evidence, allegations and witnesses.

Based on the investigation file, the lawyer develops a suitable defence strategy. He secures important evidence, prepares expert reports or questions witnesses in order to refute the accusation and mitigate the penalty.

The criminal lawyer applies for early release from custody in cases where there is a lack of evidence or a lack of order, for example. A mitigated sentence such as probation is obtained by waiving criminal proceedings through community service or a confession.

In the middle of criminal proceedings: What should you definitely do?

As a general rule, whenever you are involved in criminal proceedings, you should be represented by a legal defence lawyer.

Cases in which a criminal defence lawyer is normally needed are arrests, searches of your home, business premises or your car. A criminal defence lawyer will even provide you with legal support while you are in custody.

In cases of bodily injury, a criminal defence lawyer is also called upon, regardless of whether you are the perpetrator or the victim.

In special cases, such a lawyer can prepare expert opinions and also support you as a client in the event of a voluntary disclosure or tax evasion.

Remember that even if you have committed a criminal offence and regret it, you should consult a criminal lawyer. They will represent your case and can mitigate the sentence by finding important grounds for justification or mitigation.

It is only possible for a defendant to work out and determine a defence strategy with professional assistance. It has long been common practice to instruct a defence lawyer and is not an admission of guilt. Anyone who does not want to go through the stress should consider legal representation.

Also be careful not to make incomplete or even false statements. These can jeopardise your relationship with your lawyer and thus complicate the entire process.

In the middle of criminal proceedings: What should you not do under any circumstances?

A firm rule for the accused: never speak to the police. Accused persons cannot do anything themselves in criminal proceedings. In these cases, every single word from the accused is decisive for the proceedings. Every word said to the police can be used against him. Silence is therefore worth its weight in gold in these situations.

Silence is established as a fundamental right in the European Convention on Human Rights, as is the right to defence by a good lawyer. Accordingly, it is also important that the accused only speaks to a criminal lawyer. Everything said with the lawyer remains a secret and the defence lawyer is committed to the interests of the accused.

Another important point: Even if the accused believes he is innocent, he should still remain silent. If the accused talks, the police will ask him questions, or rather "trick questions". It can quickly happen without realising it that you become entangled in contradictions. Silence cannot be used against the accused in any case, although it is quite different if you say something.

When can you do without a lawyer?

Although legal advice is often essential, there are minor issues that you can resolve without the help of a lawyer. It is a little difficult to draw a clear line as to when you need the help of a lawyer and when you can confidently do without it.

In the workplace, for example, minor misunderstandings can be resolved without the need for a lawyer. For example, disagreements about your holiday or overtime.

However, if your rights as an employee have been violated, you should consider the support of a lawyer. Such cases include:

• Bullying;
• Unauthorised dismissal;
• Sexual harassment etc.

Avoid calling a lawyer for petty cases such as minor traffic offences (traffic fines) or disputes about the famous branch that sticks out into your garden. The amount in dispute is often less than the costs incurred.

However, a lawyer should always be called in for divorce, custody or maintenance proceedings.

How high are the costs for a lawyer in criminal law?

How much does a lawyer cost? This is a question that many people ask themselves, especially when it comes to hiring a lawyer for a legal dispute.

Unfortunately, there is no clear answer to this question, as there is no specific figure. Lawyers are not bound by any specific fee schedule and can determine the legal fees themselves by the hourly rate or lump sum for the mandate.

 Time-based billing: the most common form of billing

In the case of time-based billing, the parties determine the applicable hourly rate in writing in a fee agreement. This always depends on the complexity of the case, the urgency and the lawyer's skills. The hourly rate, as already mentioned above, is a matter of agreement with the lawyer. Throughout Switzerland, a guideline value of CHF 200.00 to CHF 500.00 is assumed. This also depends on the lawyer's qualifications. However, the mid-range is in the region of CHF 250.00 to CHF 350.00 per hour.

However, the lawyer's effectiveness has little to do with the agreed hourly rate. It always depends on the perspective, because a lawyer who needs 25 hours for a case and charges CHF 250.00 per hour is ultimately much more expensive than one who charges CHF 350.00 but only needs 15 hours for the case. Generally, billing is by the minute.

GetYourLawyer tips

A legal dispute in court can result in high costs. In order to find a suitable solution and save costs, it is important to instruct a lawyer as soon as possible. This is because waiting can cause legal and official deadlines to expire. In the worst case scenario, the legal route is then no longer open or the person seeking legal action is forced to take costly detours.

After describing your legal problem, it is important to find out about the costs and lawyers' fees to be expected in advance. All legal services and endeavours must be remunerated. The initial consultation is also included and the compensation is generally subject to VAT, which is also charged on top.

It can also happen that there are inconsistencies or disagreements regarding the lawyer's fee. It is therefore possible to apply to a cantonal bar association for the invoice to be reviewed by a fee commission. However, it is not possible for the fee commission to review the quality of the lawyer's work. This is where the courts come into play.

It is possible for indigent parties to take advantage of free legal representation in the context of pending court proceedings. This free legal representation is granted in cases of indigence if the involvement of a lawyer appears necessary and the proceedings are not unsuccessful. However, in cases where the party benefits from the outcome of the proceedings or in some other way, reimbursement is mandatory.

Regional differences must also be taken into account. For example: In Basel, the hourly rate is between 200 and 300 francs. However, if you seek advice from a lawyer in Zurich, you can expect a fee of between 250 and 400 francs.

Always make sure that you clearly regulate the costs before awarding the mandate. The GetYourLawyer platform allows you to determine the lawyer's fees in advance. An initial consultation can be agreed at a fixed price. The same applies to the initial consultation phase, which can also be agreed with a cost ceiling. This gives you a better overview of the costs.