Best Criminal Defense Lawyers in Bergamo

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Founded in 2016
English
Studio Legale Pellicioli & Partners, founded in February 2016 by Avvocato Gabriele Pellicioli, offers comprehensive legal services in Bergamo, Italy. The firm specializes in criminal law, administrative law, and civil law, including family law, debt recovery, commercial law, corporate law, and real...
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About Criminal Defense Law in Bergamo, Italy

Criminal Defense law in Bergamo, Italy is a branch of law that focuses on protecting individuals charged with criminal offenses. The Italian legal system is based on civil law principles, with specific laws and procedures outlined in the Codice Penale (Italian Criminal Code) and Codice di Procedura Penale (Criminal Procedure Code). In Bergamo, as elsewhere in Italy, anyone accused of a crime is presumed innocent until proven guilty. The role of a criminal defense lawyer is to ensure that the rights of the accused are upheld throughout the investigative and judicial processes and that they receive a fair trial.

Why You May Need a Lawyer

Seeking the assistance of a criminal defense lawyer in Bergamo is often essential in a variety of situations. Some common examples where legal help is critical include:

  • Being accused of theft, assault, drug offenses, or other crimes
  • Receiving a summons for questioning by the police or public prosecutor
  • Facing arrest or pre-trial detention
  • Receiving notification of being under investigation
  • Being asked to appear in court as a defendant
  • Having property seized as part of a criminal investigation
  • Wanting to appeal a conviction or challenging a sentence
  • Dealing with extradition proceedings or European Arrest Warrants

Legal representation can help protect your rights, clarify your options, and ensure that the process is carried out fairly according to local laws.

Local Laws Overview

Criminal Defense in Bergamo is governed by national Italian laws, but local prosecutors and courts in Bergamo apply these in practice. Key aspects of the local legal framework include:

  • The right to remain silent during questioning
  • The obligation for police and investigators to inform suspects of their rights
  • The presence of a defense lawyer during interrogations, especially for serious charges
  • Specific timelines for police custody, pre-trial detention, and deadlines for bringing cases to trial
  • Availability of plea bargaining (patteggiamento) in certain cases
  • The possibility of alternative measures to detention (such as house arrest or bail)
  • The right to appeal judgments at various levels of the court system

Bergamo falls within the jurisdiction of the Tribunale di Bergamo, and prosecution is typically handled by the Procura della Repubblica di Bergamo. The application of law can vary depending on specific circumstances and the interpretation of criminal courts.

Frequently Asked Questions

What should I do if I am arrested in Bergamo?

If you are arrested, remain calm and do not resist the authorities. You have the right to remain silent and the right to contact a lawyer. Request legal assistance as soon as possible before answering any police questions.

Do I have to answer police questions without a lawyer present?

No. You have the right to remain silent and to have a lawyer present during police questioning, especially for serious criminal accusations.

What happens after being charged with a crime?

After being charged, you will receive official notification and details about the charges. Your case may proceed to preliminary investigations or directly to trial, depending on the severity and circumstances.

Can I get a public defender in Bergamo?

Yes. If you cannot afford a private lawyer, you may be eligible for a public defender or legal aid, provided through the local Bar Association. You must meet certain financial criteria to qualify.

What are my rights during a criminal investigation?

You have the right to be informed of the charges, to remain silent, to be represented by a lawyer, and to challenge evidence or procedural errors.

How long can the police hold me without charging me?

Italian law provides strict maximum periods for police detention without formal charges, usually up to 48 hours. After this, a judge must decide on further detention or release.

Can criminal records be cleared or expunged in Italy?

In certain cases, criminal records can be expunged or removed after a period of good behavior, depending on the offense and sentences served. Legal assistance is recommended to start this process.

What are the possible outcomes of a criminal trial?

Possible outcomes include acquittal, conviction with sentencing (such as fines, imprisonment, or alternative sanctions), or conditional dismissal. There is also the option to settle the case under certain conditions.

Can I appeal a criminal conviction?

Yes. Italian law allows for appeals to higher courts. Your lawyer can advise you on the appropriate grounds and procedures for appeal.

Are non-Italian citizens treated differently in criminal cases?

Legal procedures are the same for everyone, but non-citizens may face additional issues such as immigration consequences, reporting obligations, or translation needs. It is crucial to inform your lawyer if you are not an Italian citizen.

Additional Resources

For those seeking further help or information about Criminal Defense in Bergamo, the following resources may be useful:

  • Ordine degli Avvocati di Bergamo (Bergamo Bar Association)
  • Tribunale di Bergamo (Bergamo Court)
  • Procura della Repubblica di Bergamo (Bergamo Public Prosecutor's Office)
  • Associazione Antigone (organization for rights of prisoners and detainees)
  • Local branches of Caritas or Catholic charities for social support
  • Legal aid offices providing advice and support for those with limited financial means

Next Steps

If you or someone you know is facing criminal charges or is under investigation in Bergamo, consider the following steps:

  1. Contact a criminal defense lawyer as soon as possible to discuss your situation and legal options.
  2. Do not make any statements to police or authorities without legal representation.
  3. Gather any documents or evidence related to your case and share them with your lawyer.
  4. Ask about available legal aid or public defense if you cannot afford a privately retained lawyer.
  5. Follow your lawyer's advice and keep records of all communications regarding your case.

Acting quickly and seeking qualified legal assistance are the best ways to protect your rights and build an effective defense under the laws governing Bergamo, Italy.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.