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Criminal Defense

Private Criminal Defense in Chile

An alternative to the public defender: counsel with the time to read the whole file, build a strategy and explain it to your family in English.

What this involves

Chile's criminal procedure is adversarial and front-loaded. The initial hearing before the guarantee judge sets the charge, decides whether you stay free and whether you can leave the country, and it happens fast. What your defense does in that hearing shapes everything that follows, often more than the trial does.

A foreigner without Spanish and without counsel is at a structural disadvantage in exactly that window. Public defenders in Chile are competent, but they carry heavy caseloads. Private defense buys the one thing the file needs most early on: time to read it, commission evidence and choose a strategy rather than react to one.

What we handle

Representation from the first hearing

Appearing at the formalization hearing, arguing against pretrial detention and travel bans, and requesting the least restrictive measure that fits your case.

Review of the investigation file

Reading the whole record rather than the summary — including how evidence was obtained, which is where a significant share of defenses actually live.

Challenging unlawful evidence

Excluding evidence obtained through irregular searches, detentions or interrogations, which can remove the core of the prosecution's case.

Expert and witness evidence

Commissioning the technical reports and locating the witnesses the prosecution had no reason to look for.

Negotiated and alternative outcomes

Conditional suspension, abbreviated procedure and other routes that frequently serve a client better than a verdict — assessed honestly against the odds at trial.

How we run this for a client abroad

01

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

02

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

03

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

Private Criminal Defense — common questions

What English-speaking clients ask us most about this specific service.

I have been detained or formalized in Chile. What do I do first?
Say nothing about the facts until a lawyer is with you, and ask for an interpreter if you need one — both are your rights. Anything you say beforehand can be used, and explanations given informally to police tend to help the prosecution more than the defense. Then get counsel appointed before the initial hearing, not after it.
Can I be held in pretrial detention?
It is possible, and whether it happens is argued at the initial hearing based on factors including the seriousness of the charge, flight risk and danger to the investigation. Being a foreigner without local roots is routinely used to argue flight risk — which is precisely why having counsel present to argue the alternatives matters so much.
What does private defense do that a public defender does not?
Not better law — more capacity. Time to read the complete file, resources to commission expert evidence and locate witnesses, availability to prepare you properly, and communication in English with you and the family members you authorize. In a straightforward case the difference may be modest; in a contested one it is substantial.
Will a conviction in Chile affect my immigration status?
It can. Criminal records interact with residence and citizenship applications, and in some circumstances with expulsion proceedings. If you hold or intend to apply for a Chilean permit, the immigration consequences should be part of the defense strategy from the start, not discovered afterwards.

Talk to a Chilean lawyer about your defense in Chile

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
HoursMon–Sat 09:00–20:00