Criminal law

High Court Criminal Lawyer Rome

Investigated for drug dealing? Investigated for drunk driving? Investigated for murder? Investigated for robbery? Investigated for theft?

Has your loved one been arrested? Del Monte law firm has a consolidated experience in criminal law. We can assist you in any case, from the lightest to the most serious, and provide you with our experience to choose the best defensive strategy for you.

We immediately assist our clients, even if just involved in criminal matters, and we will also protect your case by explaining to you right away what the possible developments will be. The initial phase of the criminal trial, a delicate and sometimes decisive moment, should not be underestimated.

We have a shortlist of experts made up of:

    • legal medical technical consultants
    • criminologists
    • forensic psychologists
    • ballistics experts
    • toxicologists
    • Psychiatrists
    • expert in taxation law
    • forensic computer scientists
    • graphologists

and many others, all with experience of success in the judiciary.

FREE CASE INFO AND ORIENTATION

Detention, cultivation and distribution of narcotic substance???

In the area of narcotics, Italian law punishes detention for non-personal use and drug dealing. Conversely, if drug possession is for personal use, only administrative sanctions can be applied. It is the duty of the judge to verify if the circumstances of the concrete case are a symptom of drug dealing or of an exclusively personal use that is criminally relevant.

Road traffic crimes – Problems with your driver’s license???

Driving while intoxicated or under the influence of narcotic substance?

In this case, we also offer assistance in drafting the appeal before the Civil Peace Judge against the precautionary provision for suspension of the driving license by the Prefect. You only have 30 days to appeal. This is the first step, which is necessary in our opinion to better protect you.

Stalking: defendant or victim, for justice

In this case we must distinguish whether you are the accused or the victim of stalking. If you are the defendant, then you should know that our firm has dealt with numerous cases of stalking and that this is a very serious crime, subject to very severe penalties.

Crimes against the family: defendant or victim, for justice

It may happen that after a separation, the obligation to pay food for children becomes difficult, especially in times of economic crisis like the one we are going through, and therefore the failure to pay maintenance obligations. If you have been reported for the violation of Article 570 of the Criminal Code, the situation is very complex. First of all, it is a crime to a party complaint and…

Prison criminal law???

Criminal law regulates the execution of a sentence. In general, the most serious crimes involve the application of precautionary measures that limit the freedom of the person, including custody in prison.

Repairing the miscarriage of justice???

The chronicle unfortunately offers us many ideas for what is called “repair of the judicial error”.

In fact, those who have been acquitted by an irrevocable sentence because the fact does not exist, for not having committed the fact, because the fact does not constitute a crime or is not provided for by law as a crime, is entitled to an equitable reparation for the custody suffered, both in prison or at home if he has not given you or concurred to give you cause for malice or gross negligence.

In reference to this specific situation, I followed, along with my study, the case of a boy who had been sentenced in the first instance by the Cassino court to imprisonment, for the crime of attempted violence and kidnapping. He had served a detention period in prison and finished serving his sentence in house detention. The appellate court, in total reform of the contested ruling completely overturned the verdict and absolves the accused totally for not having committed the crime.

Now he has the right to an equitable reparation, for the unjust error committed, and for the unjust imprisonment, both in prison and under house arrest.

The appeal must be filed within 2 years from the day on which the acquittal or conviction sentence became irrevocable.

The law firm follows you for the preparation of the appeal and for the search of all the documents to be produced, to obtain the right compensation.

You must consider that the state pays € 235.82 per day for detention in prison and € 117.91 for home detention, in addition to biological and existential damage, unjustly suffered.

Complaint and Lawsuit: a real help

Lawyer Del Monte’s law firm follows you even if you want to prepare and file a lawsuit complaint against someone who has committed a crime against you and is punishable by a lawsuit against you.

In this case, the study prepares the lawsuit, with all the documentation that you have gathered with your help, and takes care of taking care of the deposit directly with the prosecutor’s office and of course following its path until it reaches the court where it can do followed the establishment of a civil party in the criminal trial.

In this case you will be an active part of the process and your goal will be that, in addition to the penal punishment of those who have damaged you, also that of obtaining a cash refund directly in the penal seat.

In this case you will be able to bring witnesses and evidence, and have all the rights of other trial parties (such as the prosecutor or the defendant’s defense)

Review Tribunal: Fast Justice

If you have been the victim of an order for the application of a personal precautionary measure, such as imprisonment, or home detention or a real measure such as a seizure or other preventive measures, it is absolutely important that you contact one law firm, to appeal to the review court Review Tribunal

Del Monte law firm is very much in favor of presenting the appeal to the Review Court, also because this is the only time, before the closing of the defense investigations in which the suspect has the faculty to examine the whole investigation file, precisely in order to prepare the appeal to the review court.

In fact, it is only at this stage that the investigation documents, otherwise covered by the confidentiality of investigations, can be accessed until the preliminary investigations are concluded.

Our clients, thanks to our intervention, are able to change their detention in prison maybe with the less afflictive detention of home detention, possibly even with the electronic bracelet, but what matters most and which from now on is the suspect, already knows from this phase which investigations are carried out, and can, with our help, prepare an adequate defense in view of the process or perform defensive activity before the start of the process

Don’t forget that the deadline for submitting at least the request to the review court is very short: in fact you have just 10 days from when you have been notified of the order of custody or other order.

Evidence search: investigations

My law firm, thanks also to the help of valid external experts, is concerned to help you search for the truth in every way.

We employ private investigators, graphologist consultants, DNA research experts, ballistic experts and computer experts.

All to help you research the evidence to be included in the process.

We take care of hearing your texts in the manner provided by the art. 391 bis and following of the procedural code, making use of all the faculties that the law has offered us since the defense investigations were treated as equivalent to the investigations carried out by the prosecution.

The search for evidence is a very delicate time in the criminal process, as it allows you to make a real difference in the process.

Alternative procedures and rites: prison is not the only option

The alternative rituals consist of three forms of “short” proceedings, with different benefits, both in terms of punishment and the savings that the State has in terms of time, money and resources.

The benefits for the accused are mainly resolved in benefits in terms of conviction, and the speed with which the trial is carried out

CRIMINAL DECREE. in substance, having received a crime report, the competent PM establishes a penalty for the hypothesized crime taking into account the results of the investigations and proposes to the Judge to impose a sanction on the accused. The proceedings do not see the participation of the person concerned who receives only the criminal decree with which the penalty proposed by the PM has already been reduced by half compared to the one that the PM himself considered to be fixing for that crime .

Generally it is a pecuniary penalty, however if you believe that the penal decree is not “right” the provision, you can oppose it within fifteen days and, therefore, reach an ordinary judgment or access a penalty or ritual application shortened.

PUTTING: this is a real agreement between prosecution and defense for the immediate definition of the process. Essentially the Pm with your lawyer agree on the amount of punishment, and the trial ends with the favor of the Judge. The benefit is the reduction of the sentence UP TO 1/3.

SHARED JUDGMENT: This alternative ritual allows you to complete the process without the testing phase. The Judge will decide only on the basis of the elements in his possession at that time.

The big benefit is a 1/3 reduction in the penalty.

Beware, however, that the Shortened Judgment could also take the form of a conditional abbreviated. In this case, the condition may be the expulsion of a witness, the production of a document, a toxicology examination and so on.

Certainly the shortened judgment allows you to conclude the process in the span of 2 hearings at most.

Personal precautionary measures

This aspect of the criminal trial, in my opinion is the most cruel, since it allows the judicial authority, in the presence of certain elements to deprive or severely limit the freedom of the individual, both during the preliminary investigation phase, and during the trial itself For their application is required by law that there are serious indications of guilt against you and real precautionary requirements that are represented by the risk of pollution of evidence, the danger of escape and the probable repetition of the same crime.

In the presence of these needs, handcuffs could be triggered even before the process opens, or throughout the process.

The coercive personal precautionary measures are:

  1. the ban on expatriation in this case the judge obliges the accused not to leave the national territory, they do not foresee a very great limitation of the freedom of the accused having the right to move freely within the territory of the state.
  2. Obligation to present to the judicial police: The Judge requires you to present yourself at the PG to affix a signature every other day or every day and, at fixed times.
  3. Removal from the family home: The Judge prescribes the accused to leave the family home and not to re-enter it except with appropriate permits, and time requirements.
  4. Prohibition or obligation to stay: the Judge requires the defendant to abide within a certain municipality, or in negative not to approach

Then there are what are called Custodial Measures or which provide for custody in prison or at home.

DOMICILIARY ARRESTS: it is the detention at home, without the possibility of going out, or attending anyone other than your defense lawyer.

CUSTODY OF CARE IN PRISON (Art. 285 c.p.p.)

It is the most intense form of deprivation of personal freedom in the matter of precautionary measures. In this case you are restricted to a district house, and subject to the rules of the Penitentiary Law.

You can get visits from close family members and of course your lawyer.

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Viale di Trastevere, 203 – 00153 – Rome – ITALY

Phone:

+ 39 06 97615122 – FAX + 39 06 92912422

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