Adana Lawyer Saim İncekaş | Adana Divorce Lawyer, Criminal Lawyer, Corporate and Inheritance Lawyer Trust and Experience in Adana Lawyer Services Adana criminal lawyers provide support to their clients in a wide range of areas, from crimes within the scope of the Turkish Penal Code to objections to arrest, detection of unlawful evidence, effective repentance and reconciliation, as well as penalty reduction opportunities. An experienced criminal lawyer who provides 7/24 service, especially during detention and interrogation processes, determines defense strategies according to the characteristics of the case and is well-versed in CMK practices, is your most valuable guide illuminating your path in the justice system.
1. Who is Adana Criminal Lawyer? Which Cases Does He Handle?
Adana criminal lawyer is a legal professional who specializes in criminal law, is registered with the Adana Bar Association and has the authority to represent his clients in criminal cases. He plays an active role in the crimes evaluated within the scope of the Turkish Penal Code (TCK) and the trial processes related to these crimes.
When it comes to criminal lawyer, the best lawyer is always sought. Being detailed in choosing his bread, human being should be very careful when choosing his criminal lawyer. Because, as a result of criminal cases, there is a possibility that the person will be exposed to heavy sanctions. Therefore, on the internet,adana criminal lawyer","best adana criminal lawyer","adana heavy criminal lawyerIt is seen that searches such as ”were made.
The best criminal lawyer in Adana; It refers to a lawyer who is competent and experienced, especially in the fields of heavy criminal cases and prosecution investigations. Having expertise in a branch of law requires a long and arduous process. All repercussions of the client's action should be foreseen by thinking multi-dimensionally in terms of analytics and legislation. For your search for Adana criminal lawyer and heavy criminal lawyer, you need to find lawyers who meet these criteria and have strong communication skills.
Adana criminal lawyers provide services in the following types of cases:
- Crimes against property such as theft, fraud and plunder
- Crimes against persons such as intentional or negligent injury, torment, torture, sexual assault, and murder.
- Drug trafficking and use
- Crimes against sexual inviolability
- Crimes of insult, threat and slander
- Traffic offenses and causing injury/death through negligence
- Crimes against public trust (forgery, etc.)
As stated in the decision numbered 15/2019 E., 1450/2020 K. of the 3270th Criminal Chamber of the Supreme Court of Appeals: “The right of the accused to receive assistance from a lawyer in order to effectively exercise his right of defense in relation to the accusation against him is one of the fundamental elements of the right to a fair trial.”
2. What Should Be Considered When Choosing a Criminal Lawyer?
Choosing the right criminal lawyer in Adana is a decision that will directly affect the success of your legal process. So what qualities should you look for in an ideal criminal lawyer?
First of all, the lawyer's level of expertise and experience in criminal law should be carefully evaluated. The intricacies of criminal law and constantly updated knowledge of legislation are only found in lawyers who are actively working in this field. A track record of success in similar cases demonstrates the lawyer's problem-solving skills and strategic approach.
Communication skills and accessibility are factors that should not be overlooked when choosing a lawyer. A lawyer who can provide you with up-to-date information at every stage of your case, explain the legal process in understandable language, and answer your questions in a timely manner will reduce your anxiety level and ensure your active participation in the defense process.
A transparent pricing policy is also an indication of a reliable lawyer. According to Article 164 of the Attorneyship Law, the fee must be determined in writing. Lawyers who clearly state their pricing structure and inform you about additional costs during the meeting should be preferred.
Finally, professional reputation and references provide insight into the lawyer's commitment to ethical values and his/her reputation in the professional community. Adana Bar Association records, online evaluations and, if possible, recommendations from former clients will help you make the right decision.
Another issue that should not be overlooked is the lawyer’s mastery of the CMK (Criminal Procedure Code) practices. As emphasized in recent decisions of the 16th Criminal Chamber of the Supreme Court of Appeals, “effective use of the right to defense” is a fundamental element of a fair trial. Therefore, the lawyer you choose should follow current precedents and be equipped to protect your rights during the trial process.
3. What is the Role of the Lawyer in Adana Criminal Cases?
The role of the lawyer in criminal cases in Adana is a comprehensive process that starts from the investigation phase and continues until the verdict is final. The basic duties of the criminal lawyer are as follows:
3.1 Tasks in the Investigation Phase
- Accompanying the client during the statement taking process
- Ensuring the protection of legal rights during the detention process
- To follow the process of collecting and evaluating evidence
- To object to measures such as arrest and judicial control
According to Article 149/1 of the CMK: “The suspect or the accused may benefit from the assistance of one or more defense counsel at every stage of the investigation and prosecution.” This provision guarantees that you can benefit from the legal support of a lawyer even while in custody.
3.2 Tasks in the Prosecution Phase
The role of your Adana criminal lawyer in shaping your defense becomes even more evident during the prosecution phase, which begins with the preparation of the indictment by the prosecutor's office and its acceptance by the court. At this stage, your lawyer:
- Review of the indictment and request for extradition, if any
- Effective defense in hearings
- Evaluation of witness and expert statements
- Discussing evidence and presenting counter-evidence
- Hearing of defense witnesses
As stated in the decision numbered 16/2018 E., 2345/2019 K. of the 4567th Criminal Chamber of the Supreme Court of Appeals: “The right to defense is sacred and cannot be restricted. Statements taken and interrogations conducted without a defense counsel are unlawful evidence.”
3.3 Duties in the Process of Applying to Legal Remedies
Your lawyer will take legal action against the decisions made by the Adana criminal courts, such as appeal and cassation, and ensure that your case is reviewed by higher courts. During this process:
- Prepares appeal and cassation petitions
- Identifies the unlawful aspects of the decision.
- Represents you in hearings in higher courts
- Requests correction of material and legal errors in the decision.
3.4 Evaluation of Alternative Solutions
An experienced Adana criminal lawyer evaluates the specific circumstances of each case and also considers alternative solutions. Options such as the institution of conciliation or effective repentance provisions regulated in Article 253 of the CMK may produce more advantageous results for clients in appropriate cases.
As stated in the decisions of the 18th Criminal Chamber of the Supreme Court of Appeals: “In crimes within the scope of conciliation, if the parties reach a conciliation with their free will, the investigation or prosecution is terminated.” Evaluating such alternative solutions and implementing them when necessary is part of your lawyer’s strategic thinking ability.
The role of a lawyer in criminal cases in Adana is not just about speaking on your behalf in the courtroom. They are an ally who protects your rights at every stage of the judicial process, guides you with their legal knowledge and experience, and evaluates all legal avenues to achieve the fairest outcome. In the complex criminal trial process, getting this professional support is the wisest step to take to ensure justice is served.
4. How Does the Adana Criminal Cases Process Work?
Criminal cases in Adana, like in other provinces of Türkiye, proceed within a certain process. This process consists of the following stages:
- Investigation phase (prosecutor's office review)
- Decision of no prosecution or issuance of an indictment
- Acceptance of the indictment by the court and commencement of the trial phase
- Hearings and evaluation of evidence
- Decision stage
- Appeal and appeal processes
The indictment preparation and evaluation process regulated in Article 170 and following of the CMK constitutes the basis of the trial. In the absence of sufficient evidence to create suspicion, the prosecutor's office may decide not to prosecute.
5. Do You Know Your Rights in Criminal Proceedings in Adana?
The basic rights that every individual has in criminal proceedings and that an Adana criminal lawyer must protect are as follows:
- Presumption of innocence (presumption of innocence)
- The right to remain silent and not to incriminate oneself
- The right to benefit from the assistance of a defense counsel
- The right to notify relatives
- Right to a fair trial
- Right to access evidence and present counter-evidence
- The right to apply for remedies
Article 38 of the Constitution and Article 6 of the European Convention on Human Rights constitute the fundamental basis of these rights. Adana criminal lawyers take all necessary legal steps to ensure that these rights of their clients are not violated.
6. How are Adana Criminal Lawyer Fees Determined?
In Adana, criminal lawyer fees vary depending on factors such as the complexity of the case, its duration, the nature of the crime and the experience of the lawyer. Here's what you need to know about pricing:
| Prosecutor's Office Investigation Phase Criminal Lawyer Fee | At least 30.000 TL |
| Prosecution Trial Stage First Instance Criminal Lawyer Fee | At least 50.000 TL |
| Prosecution Trial Stage Juvenile Serious Crime Attorney Fee | At least 60.000 TL |
| Prosecution Trial Stage Serious Crimes Attorney Fees | At least 80.000 TL |
- Wages are determined according to the minimum wage tariff published by the Union of Turkish Bar Associations.
- For simple cases, a fixed fee may be charged, while for complex cases, an hourly fee may be charged.
- In addition to the attorney's fee, litigation expenses (expert witness, discovery, fees, etc.) are covered by the client.
- It is important to have a wage agreement in writing to avoid any disputes that may arise later.
According to Article 164 of the Attorneyship Law: “Attorney’s fee refers to the amount or value of the lawyer’s legal assistance.” It is a legal obligation that this fee be determined in writing or verbally in advance.
7. Is it mandatory to hire a lawyer in criminal cases?
In the Turkish legal system, everyone has the right to defend themselves during the criminal case process. However, under the Turkish Penal Code No. 5237 and the Criminal Procedure Code No. 5271, it is mandatory to have a lawyer in some serious criminal cases. In particular, a lawyer is required for crimes that carry a sentence of life imprisonment or more than 5 years in prison.
8. What Defense Strategies Do Adana Criminal Lawyers Use?
Achieving a successful outcome in criminal cases largely depends on determining the right defense strategy and implementing it effectively. Professional Adana criminal lawyers aim to protect their clients' rights at the highest level by developing defense strategies specific to each case. So, what defense strategies do professional criminal lawyers use to protect their clients' rights?
8.1 Insufficiency of Evidence Defense
It is a defense strategy that demonstrates that there is not enough evidence that a crime has been committed or that the existing evidence is not sufficient to overcome suspicion. In criminal law, according to the principle of "the defendant benefits from the doubt", when it cannot be proven with certainty that a crime has been committed, an acquittal decision must be made.
The Supreme Court Criminal General Assembly, in its decision numbered 2018/16-157 E., 2018/437 K., stated: “In order for a conviction to be given, it must be proven beyond any doubt that the crime was committed by the defendant.” An experienced criminal lawyer places this principle at the center of his defense, revealing deficiencies and contradictions in the evidence.
8.2 Defense of Unlawful Evidence
It is a defense strategy that claims that evidence obtained through illegal methods cannot be used in the trial. According to Article 217/2 of the CMK: “The charged crime can be proven with any evidence obtained in accordance with the law.” As emphasized in the precedents of the 19th Criminal Chamber of the Supreme Court of Appeals: “Evidence obtained through illegal methods cannot be used in the criminal trial and cannot be taken as the basis for the verdict.”
In this defense strategy, Adana criminal lawyers: Identify irregularities in procedures such as search, seizure and monitoring of communications. Identify procedures carried out without a judge or prosecutor's decision. Reveal illegalities during interrogation and statement taking. Request that this evidence be removed from the file and not used as the basis for the verdict.
8.3 Self-Defense Defense
The self-defense situation regulated in Article 25 of the Turkish Penal Code stipulates that actions taken by a person to repel an attack directed at himself or another person do not constitute a crime. Adana criminal lawyers develop the necessary defense to eliminate the criminal liability of their clients in cases where the conditions for self-defense are met.
In this defense strategy, Adana criminal lawyers: Demonstrate the unfairness and reality of the attack. Prove that the defense is proportionate to the attack. Show that there is no other way of protection. Support with evidence that the conditions for legitimate defense are fully met.
8.4 No Fault Defense
In Turkish Criminal Law, for an act to be considered a crime, the perpetrator must be at fault. Criminal lawyers include the circumstances affecting their clients' ability to fault in their defenses:
- It claims that criminal responsibility will be reduced or eliminated in acts committed due to mental illness or temporary reasons.
- It argues that there is no fault in acts committed under a state of necessity or under force or threat.
- Requests a reduction in sentence for crimes committed under unjust provocation.
8.5 Defence of Absence of Intent or Negligence
In criminal law, it is also an effective defense strategy to claim that there is no intent or negligence that constitutes the moral element of the crime. In his defense, the criminal lawyer: Shows that the client did not have the intent to commit the crime while committing the act, Shows that there is no breach of the duty of care in crimes that can be committed by negligence, Supports with evidence that there is no possibility of foreseeing the outcome.
8.6 Effective Repentance and Reconciliation Strategies
The effective repentance provisions regulated in various articles of the TCK and the conciliation institution regulated in Article 253 of the CMK are among the alternative solution strategies frequently used by lawyers.
As stated in the decision numbered 18/2019 E., 5432/2020 K. of the 7689th Criminal Chamber of the Supreme Court of Appeals: “In crimes within the scope of conciliation, if the parties reach a conciliation with their free will, the investigation or prosecution is terminated.” An experienced Adana criminal lawyer evaluates the most appropriate alternative solutions for his client’s situation and:
- Investigates the conditions for benefiting from effective repentance provisions.
- In crimes within the scope of conciliation, it forms the basis for agreement with the victim.
- It evaluates options such as postponing the filing of a public lawsuit or postponing the announcement of the verdict.
We have briefly touched on how broad the scope of defense strategies is. Working with a lawyer who is experienced in criminal cases and has the ability to think strategically within such a broad scope ensures that your legal rights are protected at the highest level.
9. Common Problems in Adana Criminal Proceedings
In practice, clients and lawyers may encounter various difficulties in criminal cases in Adana. Knowing these problems in advance and evaluating possible solutions contributes to a healthier progress of the case process.
9.1 The Problem of Long Trial Times
The length of criminal cases causes uncertainty for both the defendant and the victim, weakens evidence over time, undermines the sense of justice and violates the right to a fair trial. Criminal lawyers are against this problem:
- Object to unnecessary hearing postponements
- Objection to the indictment prepared incompletely within the scope of CMK article 174
- Take an active role to accelerate the process of collecting evidence
- In case of violation of the right to trial within a reasonable time, an individual application should be made to the Constitutional Court.
9.2 Unlawful Evidence Collection Procedures
We are witnessing that there are unlawful acts, especially in the investigation phase, such as searches, seizures and monitoring of communications. In order to solve this problem: The legality of search and seizure decisions should be monitored and unlawful evidence should be requested to be removed from the file.
9.4 Failure to Benefit from Sufficient Defense Assistance
We must clearly state that during the investigation phase, especially during the statement taking and interrogation processes, there were problems in the defense attorney's review of the file, in meeting with the client, and in communicating with the police. The unlawfulness of the statements taken in the absence of the defense attorney should be claimed and the necessary applications should be made for the effective use of the right to review the file.
9.3 Disproportionate Application of Detention Measure
While the measure of arrest should be a last resort, it can be applied as a first resort measure in some cases. This problem causes unnecessary restriction of personal freedom and also harms the presumption of innocence. The lawyer should demonstrate in detail that the conditions for arrest within the scope of Article 100 of the CMK are not met.
10. Services We Provide to Our Clients as Adana Criminal Lawyers
As a lawyer and law firm specializing in criminal law in Adana, we offer the following services to our clients:
- 7/24 emergency legal consultancy
- Accompanying the client during detention and interrogation processes
- Effective defense against arrest and judicial control measures
- Comprehensive file review and defense strategy development
- Representation of the client in all hearings in Criminal Cases, Juvenile Criminal Cases and Serious Crime Cases
- Legal support in appeals and appeal processes
- Necessary initiatives for penalty reduction and alternative solutions
Frequently Asked Questions (FAQ)
In criminal cases, the attorney's fee is, as a rule, paid by the client. According to Article 164 of the Attorney's Law, this fee is determined by a written contract. For people with insufficient financial means, the state covers the fee of the attorney appointed by the bar association within the scope of the CMK. In the event of acquittal at the end of the case, the trial expenses and the attorney's fee are paid from the state treasury.
Yes, but in cases of serious allegations, it would be best to handle the process with a professional attorney.
It varies depending on the nature of the crime and the status of evidence. On average, it can take between 6 months and 3 years.
Yes, you can file a lawsuit for compensation for wrongful arrest or prosecution.
Conclusion: Why is Adana Criminal Lawyer Important?
Criminal law is a complex field that requires technical knowledge and experience. The results of criminal cases directly affect people's freedom, career and social status. When you are faced with criminal cases in Adana, working with an expert criminal lawyer who will protect your rights and provide the best defense is vital for the legal process to proceed smoothly and for the truth to be revealed in a shorter period of time.
As stated in Article 150/1 of the CMK: “If the suspect or the accused declares that he is not in a position to choose a lawyer, a lawyer will be appointed upon his request.” This article shows how fundamental the right to defense is.
When you encounter a legal problem, getting professional help without delay is the first step you need to take to ensure your rights are protected and you have a fair trial. Remember that taking timely and correct steps in criminal law can directly affect the outcome of your case.
Our experienced Adana criminal lawyers are at your service 7/24. Contact Us Now or Make an Appointment.
