There's a type of problem that arrives without warning and changes the rhythm of life in an instant. A call from the police. A notification from the Public Prosecutor's Office. A search. An unexpected accusation. Or, on the other hand, the feeling of injustice experienced by someone who has been the victim of a crime and doesn't know where to begin. This is where a criminal lawyer comes in.
In this article, you will understand, with concrete examples, what a criminal lawyer does in Portugal, when intervention is most urgent, how a criminal process works, and what mistakes should be avoided when freedom, criminal record, reputation, and future are at stake.
What is a criminal defense attorney?
A criminal defense attorney is a professional who assists individuals and companies in situations related to crimes and the criminal process. The work can be done on the defense side, when someone is a suspect, defendant, or accused, and on the victim side, when there is a need to file a complaint, request protection, participate as an assistant, or seek compensation for damages.
Contrary to popular belief, the role is not to "make excuses." It's about ensuring that rights are respected, that evidence is rigorously analyzed, that deadlines are not missed, and that the strategy makes sense from the very first minute.
If you want to better understand the difference between acting on the defense side and the prosecution side, and what changes in each role, you can supplement this with... Defense Attorney and Prosecution Attorney: What are they?.
What do they actually do in a criminal trial?
In real life, a criminal trial is made up of phases, notifications, decisions, and deadlines that leave no room for distractions. A criminal defense attorney follows the case with a simple logic: protect the client today and prepare for tomorrow.
1) Intervene right at the stage where everything begins.
Many cases are won early. When there is a complaint or suspicion, the investigation begins. It is at this stage that evidence is gathered, witnesses are heard, expert opinions are requested, and inquiries are made.
From the defendant's perspective, the goal is to avoid a process riddled with gaps, loose ends, or presumptions. From the victim's perspective, the goal is to ensure that the complaint is properly filed, that the evidence is preserved, and that the case does not stall due to lack of impetus.
If you want an overview of the types of actions a firm typically takes in this context, see Criminal Proceedings.
2) To accompany interrogations, investigations and coercive measures.
One of the most sensitive moments is the interrogation, especially when there is a risk of more severe coercive measures, such as periodic appearances, prohibition of contact, removal from residence, or, in extreme cases, preventive detention.
Here, a criminal lawyer makes a difference for three reasons:
- It ensures that the client knows when to speak and when to remain silent, without confusing silence with guilt.
- It prevents a poorly prepared statement from creating contradictions or unintentional "admissions" that remain permanently in the proceedings.
- It helps to combat excessive measures by presenting facts, documents, and personal and professional background that support a less burdensome solution.
If you have already been formally charged and want to understand what that means, what changes, and what precautions you should take, see I have been formally charged: what can I do to defend myself?.
3) Analyze the evidence and develop a strategy.
Evidence in criminal proceedings is rarely "a video that solves everything." Often it is a combination of testimonies, messages, reports, expert opinions, records, location, chronology, and context.
A criminal lawyer reads the evidence like someone putting together a puzzle.
It looks for inconsistencies between versions, chain of custody failures, doubts about authorship, temporal contradictions, and, above all, what is not there but should be. It also assesses whether there is evidence that needs to be requested: expert reports, investigative procedures, collection of technical elements, and gathering of documents.
4) To contest accusations and claims for compensation.
When the Public Prosecutor's Office files charges, or when the victim makes a private accusation (in certain crimes), there is a significant increase in risk. From this point on, the defense needs to be structured: facts, law, contradictions, and evidence.
A criminal defense attorney can file a rebuttal, request investigative measures, and assess whether it makes sense to request a preliminary hearing, when the strategy involves challenging the charges before going to trial.
5) To represent in court and, if necessary, to appeal.
In a trial, improvisation is costly. The criminal defense attorney prepares questions, defines what needs to be proven, reacts to surprises, and protects the client from what should not be said.
If the final decision is not fair, an appeal may be necessary. An appeal is not about repeating the trial. It is about identifying factual errors, legal errors, nullities, or flaws in the reasoning. It requires technique, rigor, and adherence to deadlines.
Victim or defendant: the work changes, but the objective is the same.
In crime, there are two very different approaches, and both require careful consideration.
When you are a victim
A person who is a victim of crime needs support for:
- To present a complaint with detail and coherence;
- preserve evidence (messages, calls, emails, images, witnesses);
- Request protective measures when there is a risk;
- Participate as an assistant when it is helpful to support the process;
- to claim compensation for both material and non-material damages.
In crimes requiring a complaint, missing the deadline or filing a vague complaint can jeopardize everything. This is also why it's important to understand that not all crimes are the same in procedural terms. To clarify this distinction, see [link/reference]. Public, Semi-Public, and Private Crimes. What are they?
When he is a defendant
For the defendant, the essential thing is an effective defense from the start.
There are mistakes that are repeated and that criminal lawyers try to avoid.
- Speaking without preparation, due to nervousness or a desire to "solve it right away".
- Handing over your mobile phone or devices without understanding the scope of what you are authorizing.
- Combining versions with third parties creates a risk of suspicion of evidence tampering.
- Signing declarations or agreements without understanding the consequences.
Even when a person is right, a poorly managed process can turn into an avalanche.
Situations where a criminal lawyer is most urgently needed.
Not all crimes pose the same immediate risk. But there are scenarios where delaying consultation often makes things worse.
Domestic violence and urgent protection
In cases of domestic violence, time is critical, both for protection and defense. Measures include restraining orders, prohibitions on contact, and often, the collection of evidence with a strong emotional component.
Victims need to act cautiously and with evidence. Accused parties need to ensure their version of events is presented in an organized manner and without errors that increase risk.
To better understand how to report and what kind of protection is available, read Domestic Violence: How to report it and obtain legal protection?
Defamation, insults, and conflicts on social media.
Today, a conflict can start with a comment and end up in court. In cases of slander and defamation, proof often comes from publications, screenshots, messages, and context.
In certain cases, the most important thing is to act early to preserve evidence and stop the spread.
If the topic is defamation, it may be helpful to read Insults and Defamation: What are the differences and penalties? And when the problem is online, Defamation on Social Media.
Online scam and digital fraud
Online scams, social engineering, and fraudulent payments are becoming increasingly common. The support of a criminal lawyer can be crucial in structuring a complaint, identifying documentation, liaising with banks, and preparing a potential compensation claim.
If this is your case, see I was scammed online: how to report it and get my money back. to gain a practical understanding of what needs to be documented.
Accusation of a crime one did not commit
Being unjustly accused is one of the most emotionally and socially violent experiences. Here, the priority is to refute the false narrative with facts, evidence, and strategy.
To understand typical steps and precautions, read I've been accused of a crime I didn't commit: what should I do?
What happens during an initial consultation?
Many people postpone it because they're afraid of the cost, or because they think "it's nothing yet." The truth is that the first consultation serves to transform confusion into a plan.
A criminal lawyer typically:
- Listen to their version and ask questions that organize the chronology;
- Identify the stage the process is in and the relevant deadlines;
- to tell you what you should avoid doing or saying from this point forward;
- List the evidence that must be preserved and how to collect it;
- Define the realistic objective and the procedural path.
If a court case is already underway, it's helpful to also consider the impact of costs, fees, and charges, especially when the case requires multiple actions. For a general overview, you can consult [reference to relevant source]. Court Fees: What are they and who pays them?
How to choose a good criminal lawyer?
There's no magic formula, but there are signs that help.
- Real-world experience in criminal proceedings: The criminal process has its own language and deadlines that do not allow for improvisation.
- Ability to communicate clearly: A good criminal lawyer explains the risk without dramatizing it and without promising miracles.
- Focus on the exam and strategy: In criminal law, the details matter. How something was said, when it was said, and how it was recorded can change the outcome.
- Readiness to react: There are situations where a request arises with little time and the response must be quick.
What should you gather before speaking with a criminal defense attorney?
If you want the analysis to be practical and quick, bring what you have, without editing or "tidying things up too much".
- notifications, documents, letters, emails and dates;
- Names of participants and relevant contact information;
- Messages, screenshots, photos, and videos, with context;
- list of witnesses who saw or can confirm facts;
- Work documents, travel arrangements, attendance records, when time and place are crucial.
If you are a victim, also note the consequences: expenses, damages, absences from work, psychological impact, fear. Often, this information is included in the compensation claim.
Conclusion
A criminal defense attorney does much more than "be in court." They monitor the case from the first sign of risk, organize evidence, protect rights, respond to coercive measures, contest accusations, and build a strategy to minimize harm and increase the likelihood of a just outcome.
If you are under investigation, have been formally charged, have received a notification, or have been the victim of a crime, the best decision is usually simple: act early, with the right guidance, before the process unfolds without you.
For legal support in this area, speak to our team. CSG Lawyers and calmly assess the next step.
