Suspect of a crime
The district court can appoint a defence lawyer if you are suspected of having committed a crime. The defence lawyer will help you with everything regarding the case and assist you in an ensuing trial. Formally speaking, the principle is that the defence lawyer shall “carefully exercise your right and for this purpose work for shedding the correct light on the matter”. If you are appointed a defence lawyer, you have the right to propose a lawyer you wish to represent you.
The role of the defence lawyer
The most important task of a defence lawyer is to ensure you are given fair treatment during the investigative period and throughout the trial. We do our outmost to make sure our clients’ rights are respected by the police, district attorneys and the court. We do this by making sure the police, district attorney and court treat the client correctly, and we take investigative measures to help the client.
Firstly, the defence lawyer needs to make sure that the police, district attorneys and court are not guilty of any wrongdoing when approaching a person suspected of a crime. This is vital when it concerns actions that can limit a person’s fundamental rights.
Secondly, the defence lawyer needs to oversee the investigation that the police and district attorney conduct. The defence lawyer also has a right to explore the possibilities of attending the police hearings during the investigation and to start any investigation of his or her own.
If you are suspected of a crime you always have a right to ask for your defence lawyer to be present during a police hearing. If your chosen public defender is unable to be present during such a hearing, Elison Wahlin Advokatbyrå can ensure that a colleague assists you. You will never be left alone when you want legal help at a police hearing.
Financial crime is not presented on its own in the articles of the statute book. Instead, the term is used for different kinds of crimes. Many of these crimes occur within the business world, in companies and ongoing businesses.
The two most common financial crimes concern tax and accounting violations. Financial crimes are usually discovered by the Swedish Tax Agency, bankruptcy trustees or other people who investigate business accounts. Other crimes can be related to the financial market. Unlike traditional crime, it is often not clear in financial crimes that a crime really has been committed. A person who can be linked to the act may be investigated, but the crucial question is whether the act really constitutes a crime. In a financial crime, liability is often dependent on civil or tax regulations. Separating lawful acts from illegal acts is often very difficult.
The lawyers at Elison Wahlin Advokatbyrå have vast experience as defence lawyers and have taken part in many cases in this area of law, as bankruptcy trustees and investigating these kinds of crimes.
The right to a defence lawyer
If a suspect is arrested or detained, a defence lawyer must be appointed if the suspect wants one. A defence lawyer should also be appointed if the suspected crime holds a punishment of more than six months’ jail time or the accused needs one in view of the crime itself. A defence lawyer is needed if there are special circumstances such as the suspect’s personal relationships or for the crime itself. If the suspect is under 18 years old, a defence lawyer is almost always appointed.
If you are the suspect of a crime bear in mind that:
- The court will decide whether you are entitled to a defence lawyer.
- You can explore the possibility of hiring a defence lawyer and suggest who you want to represent you.
- You can always hire a defence lawyer at your own expense.
The district court will decide whether you are entitled to a defence lawyer. If the suspected crime is serious, you can assume that a defence lawyer will be appointed.
You should look into obtaining a defence lawyer and remember that you have the right to suggest who should be appointed. At Elison Wahlin Advokatbyrå, we recommend that you do so as soon as you are told that you are the suspect of a crime, so that your rights can be protected.
The right to a private defence lawyer
You always have the right to appoint a defence lawyer. A private defence lawyer has the same rights as a public one, the only difference being that the state will only cover the costs if you are acquitted of the crime. If you are found guilty then you must pay for a private defence lawyer yourself.
A minor crime can often be of great importance to you. Your business may be dependent on certain permits or you may want to apply for a job for which you may not have a criminal record. Maybe, you just do not want to be sentenced for a crime you did not commit. Either way, you are always welcome to contact us for a meeting or consultation.
Hire a private defence lawyer straight away if you are questioned by the police. You always have the right to a defence lawyer if you are questioned. If the police want or demand to question you anyway you always have the right to remain silent and do not need to say anything until you have consulted with a defence lawyer. Your silence before you have spoken to your defence lawyer cannot be held against you in any eventual court hearing. Contact us if you would like to find out more about the costs of hiring a defence lawyer.
We who work as defence counsel