Criminal law

Criminal defense

Being investigated or detained is one of the most difficult situations a person can face, especially in a country whose system is unfamiliar to them. An effective defense begins in the first hours and requires an attorney who understands the process, speaks your language, and explains the truth of your situation.

Criminal defense is carried out within the accusatorial process of the Código Procesal Penal (Code of Criminal Procedure, Law 76-02, as amended by Law 10-15). The guarantees of the accused — the presumption of innocence, the right not to give a statement, the right to an attorney, and the right to an interpreter — are recognized in the Constitution and in the code itself. The firm provides technical defense at every stage and keeps the client and their family clearly informed, without promising results.

What this service covers

  • Assistance during detention and when giving a statement to the Ministerio Público (public prosecutor)
  • Coercive measures hearing and review of pretrial detention
  • Preliminary phase and merits trial
  • Appeal and cassation
  • Coordination with consulates and family members abroad

Common situations

  • Arrest in flagrante delicto

    Appearance before the judge within 48 hours; the defense must be prepared for the coercive measures hearing.

  • Summons to give a statement

    Support during the appearance and an informed decision on whether to give a statement.

  • Charges already filed

    Preparing for the preliminary hearing and the trial strategy.

How Balbuena Camps helps

  1. Immediate intervention

    We present ourselves at the prosecutor's office or the police station as soon as we are contacted.

  2. Review of coercive measures

    We request the modification of pretrial detention when alternative guarantees exist.

  3. Trial preparation

    Analysis of the evidence, witnesses, and experts, and development of the theory of the case.

How the process works

  1. The first 48 hours

    Assistance during detention and the coercive measures hearing.

  2. Investigation

    Following up on the Ministerio Público's (public prosecutor's) proceedings and proposing exculpatory evidence.

  3. Preliminary hearing

    Judicial review of the charges; may result in an order sending the case to trial or dismissing it.

  4. Trial and appeals

    Defense at the merits hearing and, where applicable, appeal and cassation.

Documents and information worth preparing

  • Identity document or passport
  • Any record, summons, or order received
  • Names of witnesses and their contact details

Attorneys who handle this area

Where we serve

Frequently asked questions

Am I entitled to an interpreter?

Yes. The Código Procesal Penal (Code of Criminal Procedure) guarantees anyone who does not understand the language the assistance of an interpreter in all proceedings.

Can my passport be withheld?

A travel ban (impedimento de salida) is a coercive measure provided for by law. If imposed, a review can be requested.

Sources and legal references

  1. Code of Criminal Procedure (Law 76-02) (External link)Ley 76-02 que establece el Código Procesal Penal, modificada por la Ley 10-15Citation pending verification
  2. Dominican Penal CodeCódigo Penal de la República Dominicana y leyes penales especialesCitation pending verification
  3. Constitution of the Dominican Republic (External link)Constitución de la República Dominicana, proclamada el 26 de enero de 2010, con las reformas de 2015 y 2024Citation pending verification
Legal review
Pending review by an attorney

The information on this page is general guidance. It is not individualised legal advice and does not create an attorney-client relationship. Every situation should be assessed with an attorney.

Consultation

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The first decisions shape the entire process. Contact us before giving a statement or signing any document.

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