Guarantee Hearing: What to Expect

The guarantee hearing is one of the most crucial moments in the criminal proceedings. This occurs shortly after the arrest, when the arrested person is called to answer the initial questions from the magistrates. It is a fundamental step that can significantly influence the subsequent judicial process.

What Happens During the Guarantee Hearing?

The guarantee hearing takes place before the Preliminary Investigating Judge (GIP) and aims to assess the legitimacy of the arrest and the necessity of any precautionary measures. The magistrate asks questions to clarify the contested facts and gather the first statements from the accused.

Rights of the Accused

• Presence of a lawyer: The accused has the right to be assisted by a lawyer during the hearing. This ensures that their rights are protected and that the statements are made knowingly.
• Right not to answer: The accused may choose to exercise the right not to answer. In this case, silence cannot be interpreted as an admission of guilt.

How to Prepare for the Hearing

Preparation is essential. Here are some tips:

"Being well-informed and prepared is the best defense. Relying on an experienced lawyer makes a difference."

• Know your rights and the charges against you.
• Discuss with your lawyer the strategy to adopt.
• Ask your lawyer questions to clarify any doubts.

Conclusion

The guarantee hearing is a delicate moment that requires attention and competence. Are you seeking legal support? Contact the Bianucci Law Firm for personalized assistance. Our team of experts is ready to support you at every stage of the proceedings.