Criminal lawyer in Geneva

Frequently asked questions

I am summoned by the police: should I go, and what should I say?

Not showing up is rarely a good idea; going unprepared is not either. You are entitled to a lawyer’s assistance from the first hearing and, as a defendant, to remain silent. A consultation before the hearing clarifies what you are accused of and sets a clear line.

I received a penal order: is it negotiable?

A penal order becomes final if you do not file an objection within 10 days. The objection reopens the case before the public prosecutor — with chances, but also risks, to be weighed coolly (costs, possible aggravation). Hence the value of legal advice before the deadline.

How do I file a criminal complaint?

A complaint is filed with the police or the public prosecutor, in writing or orally. For offences prosecuted only upon complaint, the deadline is 3 months from knowledge of the offender. A well-documented file (evidence, witnesses, certificates) significantly increases the chances that proceedings succeed.

Am I entitled to a lawyer from the first interview?

Yes. Anyone questioned by the police has the right to be assisted by a lawyer from the outset of proceedings, including at the first interview — known as the first-hour lawyer. You also have the right to remain silent. These two rights are the most effective ones available to you, and the moment they are exercised is decisive: what is said at that stage stays on the file.

What happens in the case of pre-trial detention?

After an arrest, the public prosecutor has a short deadline to apply to the compulsory measures court for pre-trial detention, which rules swiftly. Detention requires sufficient suspicion and a specific ground — risk of flight, collusion or repetition. It can be challenged and is subject to regular review. A lawyer’s intervention at this stage is decisive.

I am the victim of an offence: what are my rights?

You may join the proceedings as a private claimant, in both criminal and civil terms, which gives you access to the file and the right to take part in the proceedings. You may also pursue your compensation claims within the criminal trial, without separate civil proceedings. For offences against physical or psychological integrity, victim support additionally offers specific assistance.

Can I withdraw my complaint?

It depends on the offence. Some are prosecuted only upon complaint, and withdrawal then ends the proceedings — but it is final and cannot be reversed. Others are prosecuted ex officio: once the authorities are seised, the proceedings run their course regardless of your wishes. It is prudent to know this classification before filing a complaint.

When does an entry disappear from my criminal record?

Entries are removed after periods depending on the nature and severity of the sentence, and the extract intended for private individuals does not reflect the same information as the one reserved for the authorities. A conviction may therefore remain visible for certain procedures — residence permits, naturalisation, regulated professions — even though it no longer appears on the ordinary extract.

General information for guidance only, not a substitute for individual legal advice. Every situation deserves its own analysis — that is what the consultation is for.