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Criminal law · SPD Advocacia

Under investigation, summoned or arrested? Criminal defense from the very first moment

Police investigations, custody hearings, criminal proceedings, jury trials, appeals and sentence enforcement. For individuals and companies, with attorney-client confidentiality.

Priority service in emergenciesAttorney-client confidentialityReply via WhatsApp
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Direct answer

What should you do if summoned by the police or in case of arrest?

Before giving any statement, talk to a lawyer. The Brazilian Constitution guarantees the right to remain silent, and silence cannot be held against the defense. A lawyer can attend the questioning and examine the investigation file. In case of arrest in the act, the person must be brought before a judge within 24 hours, at the custody hearing, where the defense can request release.

What the law says

Rights of anyone under investigation or accused

Right to remain silent

No one is required to answer questions that may harm their own defense.

Lawyer at the questioning

The person under investigation may be assisted by a lawyer, under penalty of nullity.

Access to evidence

The defense may consult the evidence already documented in the investigation.

Custody within 24 hours

Anyone arrested in the act must be brought before a judge within 24 hours.

Source: Brazilian Federal Constitution, art. 5, LXIII and LXVIII; Code of Criminal Procedure, arts. 186, 310 and 396; Law 8,906/1994, art. 7, XIV and XXI; STF, Binding Precedent 14.

Your situation

Situations the firm handles

Investigation

Summons or police inquiry

Assistance at questioning and access to the investigation evidence.

Law 8,906/1994, art. 7
Arrest

Arrest in the act or pretrial detention

Custody hearing, request for release and habeas corpus.

CPP, art. 310
Proceedings

Indictment or criminal summons

Response to the charges and defense through trial, including jury trials.

CPP, art. 396
Agreements

Non-prosecution agreement and other deals

Assessment of agreements provided by law, when applicable.

CPP, art. 28-A; Law 9,099/1995
Companies

Tax and corporate crimes

Defense of companies and business owners in tax and corporate investigations.

Law 8,137/1990
Domestic violence

Protective orders and the Maria da Penha Law

Legal defense for those subject to a protective order or accusation.

Law 11,340/2006
Crimes against honor

Slander, libel and insult

Private criminal complaint for victims or defense for the accused.

CPP, art. 38
After sentencing

Appeals and sentence enforcement

Appeals, habeas corpus, regime progression and other rights of the convicted.

Law 7,210/1984
This page provides general information, does not replace a case review and there is no guarantee of results.

Step by step

How the firm works

  1. Priority in emergencies. Arrests, scheduled questioning or running deadlines get priority via WhatsApp.
  2. Review. Reading of the inquiry or case file, the evidence and the deadlines.
  3. Strategy. Legal defense, requests for release, applicable agreements and evidence.
  4. Follow-up. Hearings, jury trials, appeals and sentence enforcement.

Who handles it

Lawyer in charge of criminal law

The criminal law practice is led by Eduardo Prado (OAB/GO 59.836), university professor and court-appointed expert, with graduate degrees in Criminal Law and Criminal Procedure, Administrative Law, Constitutional Law and Public Law. He works with the firm’s team, directed by attorney Sidnei Pedro Dias. Meet the team.

+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Do I need a lawyer to give a statement at the police station?

It is not mandatory, but it is recommended. The lawyer attends the questioning and advises on the right to remain silent before any statement.

What happens at the custody hearing?

The judge checks whether the arrest was lawful and decides whether the person will respond to the case at liberty, with or without precautionary measures, or remain in custody.

I received a criminal summons. What is the deadline?

As a rule, 10 days to file a written response to the charges (Code of Criminal Procedure, art. 396). Contact a lawyer as soon as you receive it.

What is a non-prosecution agreement?

It is an agreement with the Public Prosecutor, possible for crimes without violence or serious threat and with a minimum penalty of less than 4 years, among other requirements (Code of Criminal Procedure, art. 28-A). The defense assesses whether it is worthwhile in your case.

I was the victim of a crime. Can you help?

Yes. The firm guides victims in filing the police report, follows the investigation and, in crimes that require a private complaint, such as crimes against honor, files the complaint, which must be done within 6 months of learning who the offender is.

Do you serve clients in other states or abroad?

Yes. The firm is based in Anápolis, Goiás, and serves clients online throughout Brazil and abroad.

Is my information confidential?

Yes. Everything you tell the firm is protected by attorney-client confidentiality.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.

Criminal defense lawyer in Anápolis and throughout Brazil

SPD Advocacia provides criminal defense for individuals and companies, from the police investigation to trial and sentence enforcement, based in Anápolis, Goiás, with online service in every state. The firm also assists crime victims with police reports and private criminal complaints.

Investigation and arrest

During the inquiry, the lawyer may attend the client’s questioning and examine the investigation file (Law 8,906/1994, art. 7, XIV and XXI). In case of arrest in the act, the custody hearing must take place within 24 hours (Code of Criminal Procedure, art. 310), and the defense may request provisional release or file habeas corpus.

Criminal proceedings and agreements

After the summons, the response to the charges must be filed within 10 days (Code of Criminal Procedure, art. 396). Depending on the case, the law provides for the non-prosecution agreement (art. 28-A of the CPP), plea bargain for minor offenses and conditional suspension of proceedings (Law 9,099/1995, arts. 76 and 89). The defense assesses each alternative with the client.

Appeals and sentence enforcement

After sentencing, the defense may appeal and follow the enforcement of the sentence, with requests for regime progression and other rights under the Criminal Enforcement Law (Law 7,210/1984).