Criminal law

We defend suspects and defendants from the first interview through the verdict. We also help victims seek compensation. In criminal proceedings, early decisions can shape the entire case.

How we help in criminal cases

Developing a defense strategy and representing suspects during pretrial investigations and defendants at trial.

Bringing civil claims within criminal proceedings for victims’ financial and nonfinancial harm, and representing victims during investigations and at trial.

Criminal defense from the first interview

You have been called in by the police

Before attending, establish whether you are being called as a witness or a suspect. Your status affects your right to remain silent and your right to defense counsel.

Someone close to you has been arrested

Temporary detention cannot exceed 48 hours. During that time, we prepare for the hearing before the pretrial investigation judge on whether detention or another preventive measure should be imposed.

The prosecutor is seeking pretrial detention

At the hearing, we challenge the grounds for detention and propose less restrictive measures, such as bail, house arrest, a written undertaking not to leave, or regular reporting to the police. The ruling can be appealed to a higher court.

You were stopped for driving under the influence

The alcohol level determines whether the offense falls under administrative or criminal law. It also affects whether the vehicle may be confiscated as an instrument of the offense, even if someone else owns it.

You want to avoid a criminal record

A first-time offender who commits a criminal misdemeanor, a negligent crime, or an intentional crime classified as minor or less serious may qualify for exemption from criminal liability. Admitting guilt and compensating for the harm are important. The exemption may be based on a guarantor’s undertaking or reconciliation with the victim.

You have been the victim of a crime

You can seek compensation for financial and nonfinancial harm through a civil claim in the criminal case. No court filing fee is payable for that claim, and separate civil proceedings are not required.

What people often learn too late

The right to defense counsel begins at arrest or the first interview, not when an indictment is issued. An invitation to “just have a chat” may lead to a formal interview whose record becomes part of the case. Someone who may give evidence about their own suspected offense should not be interviewed as an ordinary witness. Separate rules apply: they may have a representative present, cannot be penalized for refusing to testify about their own conduct, and may ask to be formally recognized as a suspect.

Confiscation is not limited to the offender’s property. Property belonging to the offender that was used to commit the offense is subject to confiscation. Property belonging to another person may be confiscated if that person knew, or should and could have known, how it would be used. Transferring property to a relative does not resolve the issue. If the property itself cannot be confiscated, an amount equal to its value is recovered.

Compensating the victim also affects whether a case can end without a criminal record. Exemption from criminal liability based on a guarantor’s undertaking is considered only if the harm has been at least partly compensated or the offender has undertaken to compensate it. Victims must also watch the deadline: a civil claim must be filed before the court begins examining the evidence. After that, a separate civil case is required.

Criminal law: common questions

Do I need an attorney if I am only being called as a witness?
A witness is not required to have defense counsel. Before the interview, however, establish whether you are genuinely being called as a witness, since that status can change to suspect. A person who may give evidence about their own suspected offense cannot be interviewed under the ordinary witness procedure. Separate rules apply, often called “special witness” status in practice. A representative may attend, the person cannot be penalized for refusing to testify about their own conduct, and they may ask to be formally recognized as a suspect.
How long can someone be held after arrest?
Temporary detention cannot exceed 48 hours. Within that time, the person must be released or brought before a pretrial investigation judge, who decides on a preventive measure. It is worth contacting defense counsel the same day, as there is little time to prepare for the hearing. Pretrial detention is available only for crimes punishable by more than one year in prison and where there are grounds to believe the person will abscond, interfere with the proceedings, or commit further crimes.
What alcohol level triggers criminal liability, and can my car be confiscated?
Criminal liability applies when a driver’s blood alcohol level exceeds 1.5 parts per thousand. Lower levels are dealt with under the Code of Administrative Offenses. That code also applies to driving under the influence of narcotic or psychotropic substances where no resulting traffic-accident harm is involved. A vehicle owned by the offender and used to commit the crime is confiscated as an instrument of the offense. If it cannot be confiscated, an amount equal to its value is recovered.
Can a case end without a criminal record?
Yes, but not in every case. We first assess the category of offense and whether the harm has been compensated, as these largely determine whether this option is available. Exemption from criminal liability based on a guarantor’s undertaking may be considered for a first criminal misdemeanor, negligent crime, or intentional crime classified as minor or less serious. The offender must admit guilt and show remorse, have compensated at least part of the harm or undertaken to do so, and have a guarantor whom the court considers trustworthy. The guarantor’s undertaking lasts from one to three years. Reconciliation with the victim is a separate ground for exemption.
How long do I have to appeal a criminal judgment?
An appeal must be filed within 20 days after the judgment is announced. For a convicted person in custody, the period runs from service of a copy of the judgment. Decide promptly, as there is little time to prepare arguments and documents. The court may allow a late appeal for valid reasons, but a request cannot be made more than six months after the judgment was announced. A legally binding judgment may also be challenged through cassation review, which addresses errors of law and serious procedural violations rather than reassessing the evidence.

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AddressVilniaus g. 64A, Kaunas, LT-44289
Phone+370 682 34336Emailinfo@advokatasvasiliauskas.lt
Office hoursMon–Fri: 9:00 a.m.–5:00 p.m. · Sat–Sun: closed