What Makes Criminal Law Special?
For example, if you cannot resolve a dispute with your business partner, the usual way to pursue a claim is to first contact a legal professional you trust. After a conversation on the phone or the exchange of a few emails, you then book a meeting with said professional to discuss the next steps required to resolve your case.
The need for a defense lawyer typically arises when you or a relative has already been detained by the authorities or summoned to appear as a suspect on suspicion of having committed a crime.
How Does it Translate into Practice?
This means that the person concerned (or their family) is under extreme time pressure, as the authorities are required by law to question the suspect within 24 hours of detainment and decide whether to arrest them or to otherwise restrict their personal liberty (e.g. by way of ordering them to stay under house arrest).
In my experience, the most critical period in criminal proceedings is the first 72 hours after coming into contact with the authorities.
During this time, the investigating authority will have already gathered a substantial amount of information about you, based on which you will be questioned as a suspect, and this is the period when it gets decided whether you will be arrested or be given the right to defend yourself freely.
Seek Professional Help Without Delay!
Due to this, I strongly advise consulting a competent professional as soon as you have been approached by the authorities and, if possible, attending any proceedings with your lawyer present.
During my career, I have unfortunately encountered numerous cases where suspects, acting without a lawyer, have made statements either without the proper knowledge of their procedural rights or due to the subtle (or sometimes not so subtle) pressure from the authorities. Such statements (which the authorities can and will use against the suspect) can make subsequent representation extremely difficult.
Withdrawing your Statement
Probably everyone has seen in the movies the scene where the defendant declares that they withdraw their earlier confession before the criminal court. However, under Hungarian law, this is not how things work. Everything the suspect divulges with the authorities about the suspected crime remains indelibly part of the investigation file. Therefore, while it is possible to retract or alter a previous testimony at a later stage of the proceedings, having contradictory statements significantly reduce the suspect’s credibility and thus the chances of a successful defense.
It is important to mention that not only the defendant (i.e. the person suspected of having committed a criminal offense) but also the victim or the witness is entitled to have a lawyer to act on their behalf and in their interest.
Although the aforementioned time pressure might not be present while being a victim of or a witness to a crime, I still strongly suggest, that you carefully consider discussing your case in detail with a lawyer specializing in criminal matters. A witness, unaware of their rights, can quickly find themselves among the ranks of potential perpetrators. Meanwhile, for victims, the assistance of a lawyer can make the enforcement of their claim more effective and expedite the process of bringing the perpetrator to justice.
Consult an Attorney Specialized in Criminal Cases!
In summary, whether you are suspected of having committing a crime, are the victim of a criminal act, or you are currently being contacted by the authorities to testify as a witness, I advise you to consult a legal professional immediately, as any delay or not knowing your rights, can have dire consequences, regardless of your position in the proceedings.