Criminal defence lawyer in Almaty — defence from the first interrogation, not from the first hearing

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Criminal defence lawyer: rights, statuses and protection at every stage

Most often people come in two situations: a person has received a summons for questioning and does not understand whether to go alone, or a relative was detained at night and they need to understand what is happening and what rights the detainee has before a defence lawyer arrives. In both cases time works against you: the first testimony and the first procedural decision largely set the course of the entire case. Relatives of the victim face the same uncertainty — how to secure their status, which motions to file and what to expect in terms of compensation for harm.

The article shows how a criminal defence lawyer differs from a criminal law lawyer, from what moment a defence lawyer is admitted to the case and what time limits apply upon detention. It separately covers the rights of a witness, the procedure for choosing a measure of restraint, the procedural agreement and reconciliation of the parties, and the specifics of cases involving minors and property offences. It also examines when the participation of a defence lawyer is mandatory by law and how to choose a specialist for a specific situation.

Criminal defence lawyer and criminal law lawyer: what is the difference

A defence lawyer in a criminal case is an advocate — a person with a higher legal education who has passed a qualification exam, obtained a licence and is a member of a bar association; alongside them, the spouse and close relatives of the client may be admitted to participate. The advocate's authority is confirmed by an order (warrant). This status gives access to participate in investigative actions and in court as a defence lawyer, as well as the right to meet with the client in custody. "Criminal defence lawyer" and "criminal lawyer" are the same person with procedural powers.

A criminal law lawyer works with the legal side of the situation but does not act as a defence lawyer in the proceedings. Such a criminal law lawyer prepares a legal analysis of the charge, studies the case materials, assesses the prospects for appeal, helps build a position and gather documents. A criminal defence lawyer additionally represents the client's interests before the investigating authority and in court, files motions and recusals, and participates in interrogations and pleadings.

• the advocate is admitted to the case as defence lawyer from the moment of detention or first interrogation
• the criminal law lawyer prepares an analysis of the charge and the defence position
• the advocate has the right to file motions, recusals and appeal decisions
• the lawyer helps before the report is registered in the ERDR and at the start of the investigation
• information communicated to the defence lawyer is protected by advocate-client privilege
• the scope of participation depends on whether a pre-trial investigation has been started

From what moment a criminal defence lawyer is needed

A defence lawyer enters the case from the moment of actual detention or when the person is summoned for questioning or another procedural action as a suspect. Before that, the person often remains a witness, but a witness also has the right to give testimony in the presence of their lawyer, so help should not be delayed: a significant part of the evidence is formed in the first hours, long before the decision recognising the person as a suspect. That is why a lawyer should be brought in while the person's status is still undetermined.

Being called "for a talk" at a pre-trial investigation body or to an investigator is already a reason to come with a defence lawyer. A conversation without a protocol does not remove the risk: what is said may be recorded in a report or explanation and used. The lawyer is present during the conversation, monitors the lawfulness of the questions and prevents discussion of circumstances beyond the subject of the summons.

Particular attention is required for a seizure — the removal of documents, devices or items at a place of residence or work. The presence of a defence lawyer makes it possible to record violations, demand an inventory of what is seized and file remarks in the protocol, preserving the evidentiary base for the defence.

Statuses in a criminal case: witness, suspect, accused

The procedural position of a participant in a criminal case is determined by the tasks of the body conducting the proceedings. A witness is a person who may know circumstances relevant to the case; they are summoned to testify, must appear and tell the truth. A suspect is the person against whom prosecution has been started; the law gives them the right to know what they are suspected of, to remain silent, to use a defence lawyer, to file motions and recusals, to present evidence and to appeal against the actions of the body. An accused is a person in respect of whom an indictment has been drawn up and approved by the prosecutor; the scope of rights is the same, but the right to review the materials, participate in the examination of evidence and speak in pleadings is added.

A defence lawyer is admitted from the moment of actual detention, recognition of the person as a suspect or issuance of a decision qualifying their act. A witness who has the right to defence also enjoys the assistance of a defence lawyer — when testimony may be used against themselves or their close relatives. Early participation of a defence lawyer allows the position to be built correctly: where explanations are sufficient, where it is necessary to remain silent until the materials are studied, and where a motion must be filed.

• witness: must appear and give truthful testimony, has the right not to testify against themselves and close relatives, and to give testimony in the presence of their lawyer;
• suspect: has the right to know the essence of the suspicion, to remain silent, to have a defence lawyer from the moment of detention or recognition, to file motions and recusals;
• the accused: enjoys the same rights, and also reviews the case materials, takes part in the examination of evidence and in the pleadings;
• the victim: has the right to give testimony, present evidence, maintain the accusation, file a civil claim and appeal against decisions;
• the defence counsel: enters the case from the moment of detention, recognition as a suspect or issuance of a decision on the qualification of the act.

The scope of rights depends on procedural status and may change as the case progresses.

Legal assistance upon detention: rights and time limits

Upon detention on suspicion of a criminal offence, the person is immediately informed of their rights: to know what they are suspected of, to remain silent and not testify against themselves and close relatives, to defence counsel, to one telephone call and notification of close relatives, and to appeal against the actions of the police. These rights apply from the moment of actual detention, and not only after being brought to the authority.

Before a court decision, detention without a court sanction lasts no more than 48 hours, and for a minor — no more than 24 hours; once the period expires, the person is released or the investigating judge considers the motion for remand in custody. The time of detention is recorded in the protocol, and a copy is handed to the detained person.

The key guarantee is a private meeting with defence counsel before the first interrogation. Refusal to give testimony is a lawful right, not an admission of guilt; it is not regarded as evidence of involvement and does not worsen the person's position.

• A private meeting with defence counsel before the first interrogation.
• Explanation of the right to remain silent and not to testify against oneself and close relatives.
• Participation of defence counsel in interrogation and other investigative actions.
• Verification of the lawfulness of detention and compliance with the time limit before judicial sanction.
• Filing motions and complaints against the actions of police officers.
• Notification of close relatives and assistance in collecting character reference materials.

Lawyer for a witness

A witness is not an accused person, but their interrogation affects constitutional rights. If you have been summoned in someone else's case, there is a risk that what you say will be turned against you. A lawyer is needed both when there is suspicion of involvement and to understand the procedure and the limits of permissible questions.

A witness entitled to defence is a person in respect of whom the authorities have suspicions, but whose status has not yet been changed. Grounds: questions about involvement, examinations, searches, seizure of items, summons to confrontations. The law allows the assistance of defence counsel; the presence of a lawyer during interrogation records the correctness of the actions and prevents you from ending up in the status of a suspect without legal support.

Everyone has the right not to testify against themselves and close relatives, and no one is obliged to prove their non-involvement. Refusing to answer certain questions is lawful behaviour. If pressure is applied through detention: without a court sanction, as a general rule it lasts no more than 48 hours, and for a minor no more than 24 hours.

Key boundaries that a witness should know:

• you are not obliged to give testimony against yourself and close relatives;
• you may appear for interrogation with a lawyer and use their advice before answering;
• before the interrogation begins, clarify your procedural status and demand that your rights be explained;
• do not sign the record without reading it and noting your comments;
• if detained, insist on notification of close relatives and on recording the time;
• do not discuss the circumstances of the case with other participants outside the record.

Preventive measure: how a criminal defence lawyer secures a milder measure

A preventive measure is a coercive measure of a procedural nature applied to a suspect or accused person to ensure proper conduct. The Criminal Procedure Code of the Republic of Kazakhstan provides for: a written undertaking not to leave the place and to behave properly, personal surety, transfer under supervision, bail, house arrest and detention in custody. The choice depends on the gravity of the charge, the person, age, health and other circumstances.

Detention in custody and house arrest are authorised by an investigating judge: the criminal prosecution authority must apply to the court with a motion. The order of the investigating judge may be appealed.

The defence rebuts the grounds for arrest with documents: permanent place of residence, stable family and social ties, positive character references, medical documents, information about employment, absence of a criminal record and of any intention to abscond, and the presence of dependants. If the prosecution is connected with entrepreneurial activity, they present data on the lawfulness of the transactions and the absence of damage.

• A motion to apply an alternative measure: bail, a written undertaking not to leave the place, or personal surety.
• Documents confirming a permanent place of residence and registration at the address of residence.
• Character references from the place of work or study, information about employment.
• Medical reports on the state of health of the accused and of family members in need of care.
• Information on the absence of a criminal record, administrative penalties and any intention to obstruct the proceedings.
• Appeal against a ruling of the investigating judge on the imposition of a preventive measure to a higher instance.

A person has the right to remain silent and to meet a defence lawyer in private before the first interrogation — this is not an admission of guilt or a refusal to cooperate, but a rule of law that should be used calmly.

Procedural agreement and reconciliation of the parties

A procedural agreement is an arrangement between the defence and the prosecution authority on an admission of guilt or on cooperation. The first is an admission of guilt and agreement with the classification and scope of the charge. The second is assistance to the investigation: testimony incriminating other participants, handing over items and documents, participation in uncovering the scheme of the offence. Both types are drawn up in writing and signed by the prosecutor, the suspect or accused person and their defence lawyer.

Such an agreement is not concluded without a defence lawyer: the law classifies these cases as a category where the participation of a defence lawyer is mandatory. This is a guarantee that the person understands the consequences of admitting guilt and does not sign a document under pressure. If a defence lawyer has not been engaged by the suspect, one is appointed by the authority conducting the criminal proceedings.

Reconciliation with the victim is an independent ground for terminating a case for a criminal offence and for a first-time offence of minor or medium gravity not involving the infliction of death. It is formalised by a written statement from the victim that the harm has been remedied and there are no claims. It is possible at the stage of pre-trial investigation and in court before the retirement to the deliberation room. For grave and especially grave offences, reconciliation as a rule does not terminate the case — the law makes an exception, in particular for minors — but it is taken into account as a mitigating circumstance.

• the voluntariness of the will of the suspect or accused person when signing the agreement
• the accuracy of the wording on the classification and scope of the charge in the text of the agreement
• observance of the right to defence: the presence of a defence lawyer at signing and explanation of the consequences
• the completeness and voluntariness of the victim's statement on reconciliation
• actual remedying of the harm: return of property, compensation for damage, other actions
• the timeliness of filing a motion to terminate the case in connection with reconciliation

Defence in a criminal case in court

In court, the defence is built around the examination of evidence. The defence lawyer submits that evidence obtained in violation of the criminal procedure law is inadmissible and seeks its exclusion from the evidence on which the prosecution relies. The court assesses each piece of evidence according to its inner conviction, guided by law and conscience, and materials obtained in violation of the rights of the participants in the proceedings cannot be used as the basis of a judgment.

The defence lawyer conducts the examination of witnesses and experts according to their own plan, identifying contradictions and checking the reliability of testimony. The expert is asked questions about the methodology of the examination, their competence and the source data, and where necessary a motion is filed for an additional or repeat expert examination. The participation of a defence lawyer is mandatory if the suspect requests it, in cases involving minors, persons with physical or mental disabilities, persons who do not speak the language of the proceedings, and in a procedural agreement.

• filing motions to exclude inadmissible evidence
• participation in the examination of witnesses, victims and experts
• commissioning and challenging the results of expert examinations
• speaking in the pleadings of the parties and setting out the position on the case
• preparing and filing an appeal and a cassation appeal
• assistance in rehabilitation and compensation for the harm caused

Lawyer for theft and property cases

In cases of theft and property offences, the defence is built around two key points: proof of the person's involvement and the classification by the amount of damage. The prosecution must prove every element of the offence rather than rely on assumptions. The defence checks how the confessional testimony was obtained, whether the rights of the detained person were observed, and whether there was any pressure. When interrogating a minor, the law requires the participation of a legal representative and, in the cases provided for, a teacher or psychologist; a violation weakens the evidentiary value of the record.

The assessment of the damage affects the classification: it determines whether the act is treated as an administratively punishable petty theft or as a criminal offence. The dispute over value is conducted through an expert examination, commercial documents, witness testimony and the accounting records of the victim. The inflation of the amount, the inclusion of associated expenses and of items that did not leave the owner's possession are challenged. The court assesses the damage at the time of the act, not at the date of the hearing.

Lawyer for drug cases: "228" and Kazakhstan law

Requests for a lawyer under Article 228 come from Russian practice: that is the article number of the Russian Criminal Code. In Kazakhstan, liability for drug trafficking is established by other articles of the Criminal Code of the Republic of Kazakhstan, so a lawyer for drug cases is sought by the elements of the offence, not by the number of a foreign provision. Mixing the two legal systems leads to confusion already at the stage of legal classification.

In practice, two things are disputed: whether possession or distribution is charged, and whether the evidence was obtained lawfully. Distribution presupposes the transfer of a substance to another person and is proved differently from possession for personal use; the distinction determines the severity of the charge and the scope of the defence. Separately, compliance with procedure during detention, inspection, seizure and packaging of the seized items is verified.

The key issue is the forensic examination of the substance. The defence examines how samples were taken, whether the chain of custody was observed, whether the mass and composition correspond to the conclusions of the report, and whether the suspect's rights were explained during the examination. Services of a lawyer for drug cases include work with the expert's report and the filing of motions for additional or repeat examinations.

• distinguishing possession from distribution based on the factual circumstances
• lawfulness of detention, inspection and seizure of the substance
• compliance with the procedure for packaging, labelling and transfer of the seized items
• assessment of the forensic examination of the substance and the chain of custody of samples
• verification of compliance with procedural rights during interrogation and examination
• appealing the actions of officers in the manner established by the Criminal Procedure Code of the Republic of Kazakhstan

Lawyer for juvenile cases

In juvenile cases, the participation of a defence lawyer is mandatory if a minor is a suspect, an accused or a defendant. Waiver of a defence lawyer is not accepted because of the increased vulnerability of a minor. A lawyer enters the proceedings from the moment of the first interrogation or other investigative action and works together with the legal representative. Parents or guardians participate alongside the defence lawyer: they file motions, review the records, and appeal the actions of the body conducting the criminal proceedings.

The interrogation of a minor has procedural specifics. If the minor is under sixteen or lags behind in mental development, the participation of a teacher or psychologist is mandatory; in other cases, it is the defence lawyer's right to file a motion. These persons may ask questions and make comments, which are entered in the record. Evidence obtained in violation of the law is deemed inadmissible, so failure to comply with the interrogation procedure gives the defence grounds to raise the issue of excluding such information from the charge.

• mandatory participation of a defence lawyer from the moment of the first investigative action;
• the legal representative is admitted to participate alongside the defence lawyer;
• a teacher or psychologist is involved in the interrogation on the grounds established by law;
• shortened procedural time limits and specifics of choosing a preventive measure;
• priority of measures without isolation: supervision, personal surety, bail, house arrest;
• verification of the admissibility of evidence and recording of violations during interrogation.

When the participation of a defence lawyer is mandatory

Mandatory participation of a defence lawyer does not depend on the wish of the suspect. If circumstances defined by law arise, the pre-trial investigation and the court must ensure the participation of a defence lawyer, even when the accused waives one. Such a waiver is not binding on the bodies conducting the proceedings, and the defence continues.

A defence lawyer is appointed when a person is unable to exercise the right to defence independently: minors, persons with mental or other severe illnesses, and those who do not speak the language of the proceedings. A separate ground is the conclusion of a procedural agreement or a conflict of interest between several accused, when one of them needs a separate defence lawyer.

If a defence lawyer has not been engaged by the accused and his or her close relatives, one is appointed at the expense of the budget through a professional organisation of advocates. An appointed defence lawyer has the same rights as an engaged one: to review the materials, file motions, present evidence, and appeal actions and decisions. Budget expenses are not shifted onto an acquitted person.

• a minor suspect or accused
• a person who, due to a mental or other severe illness, cannot defend himself or herself independently
• a person who does not speak the language in which the proceedings are conducted
• conclusion of a procedural agreement on plea of guilt or on cooperation
• conflict of interests of the accused, where one of them needs a separate defence lawyer
• application to waive the defence lawyer where representation is mandatory by law

If a defence lawyer has not been engaged, one is appointed at the expense of the budget through a professional organisation of advocates.

Consultation with a lawyer on a criminal case

A consultation with a lawyer on a criminal case begins with a conversation about what happened: the event in respect of which a pre-trial investigation is already under way or an application has only just been filed, the status of the person seeking advice and of their close ones, and what actions the authorities have already taken. The client stays with the firm: the case is handled by a lawyer from its practice. The specialist examines what legal role the person plays in the procedure and which decisions of the authorities can be challenged.

It is worth bringing everything relevant to the case to the consultation: summonses and notifications, protocols, decisions, correspondence, identity and kinship documents, certificates of employment or health status. Information about witnesses and about who gave explanations and under what circumstances is also useful. On the basis of these materials a picture is built and the immediate steps are determined.

A consultation helps to understand what investigative actions are possible next, what rights a participant has at each stage and where a defence position is needed. After the conversation it is clear what to say and what not to say without a lawyer, how to respond to summonses and which documents to request. A criminal law consultation is built around a specific situation, not general advice.

• Description of the event: time, place, participants, what was seized and who was questioned
• Copies of all documents received: summonses, protocols, decisions, notifications
• Identity and kinship documents, if the case concerns a close person
• Information about employment, health status and other circumstances affecting the procedure
• A list of questions that need to be clarified first
• Information about witnesses and in what capacity the person is involved in the case

How to choose a strong criminal defence lawyer

Reviews and ratings show only part of the picture: they do not reveal how a specialist conducts a case during the investigation. Experience specifically in criminal proceedings shows in how interaction with the investigative body is built, how motions are filed and the participation of defence counsel is ensured. A defence lawyer should be judged by their work at the pre-trial stage, not only by the verdict.

A strong defence lawyer is honest with the client about risks: they do not promise a specific verdict — this is prohibited by law and ethics. They explain possible scenarios, the scope of the charge, the evidence base and the consequences of each position. This allows a balanced decision on whether to hire a lawyer and which defence line to choose.

Assess whether the specialist is ready to work with the case materials independently, and not merely to be present. Services include defence during the investigation: participation in interrogations, appealing unlawful actions, gathering defence evidence. In Almaty this depends on the defence lawyer's workload and readiness to delve into the circumstances of the case.

The choice should be made on several criteria at once, and none of them is decisive on its own.

• Regular work during the investigation: presence at investigative actions, not only in court
• Readiness to explain the risks and weak points of the position without promising a specific verdict
• Practice in cases of the category to which the charge relates
• Clarity in the allocation of duties within the case and availability for contact
• Absence of pressure and hasty guarantees at the first consultation

Cost of a lawyer's services in criminal cases

Payment for a lawyer's services in criminal proceedings is structured by stages: pre-trial investigation, court of first instance, appeal and subsequent instances. Each stage requires a separate volume of work — studying materials, participating in investigative actions, preparing procedural documents and court pleadings. Therefore the price is determined not by a single tariff, but by the combination of stages that the defence lawyer actually goes through in the case.

The final cost is affected by the number of episodes and the classification of the act: the more facts charged, the more time is spent analysing the evidence and building a position on each. The volume of materials also matters — multi-volume cases require substantially more study. Expert examinations are counted separately: engaging a specialist, assessing reports and filing motions for additional examinations affect the labour costs.

• stage of the proceedings: investigation, court of first instance, appeal, cassation;
• number of episodes and volume of case materials;
• number of persons whose interests the defence lawyer represents;
• need to conduct and challenge expert examinations;
• the urgency of entering the case and the number of visits;
• the client's procedural status and the chosen line of defence.