Home Practice Areas About Us FAQ Contact Book your legal consultation
Home/Criminal Defense/Private Criminal Defense
Criminal Defense

Private Criminal Defense in Chile

A dedicated defense lawyer from your first hearing through trial — with the time a public defender's caseload rarely allows.

Why private defense changes the outcome

Chile's criminal procedure moves fast once a case is formalized, and much of what decides the result happens before trial: whether unlawfully obtained evidence gets excluded, whether precautionary measures are proportionate, and whether a negotiated resolution serves you better than rolling the dice at trial. Those calls need a lawyer with time to read the full file and build a position, not one juggling dozens of cases at once.

We take on the case from the first hearing, work in parallel with your family or employer abroad, and report every development in plain English — not a translated summary of legal Spanish you have to decode.

What we handle

Case strategy from day one

Full review of the file, the evidence against you, and the realistic range of outcomes before you decide anything.

Precautionary measures

Arguing against pretrial detention or an unjustified travel ban, and for the least restrictive measure the case allows.

Evidence challenges

Testing how evidence was obtained and whether procedural safeguards were respected — grounds that can exclude it entirely.

Trial representation

Full representation at trial when negotiation is not the right path or is not on the table.

Negotiated resolutions

Suspended proceedings, abbreviated trial or other agreements, weighed honestly against your 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 for every step.

03

We appear, you get updates

Our attorneys handle the hearings in Chile. You get plain-English updates after each one.

Private Criminal Defense — common questions

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

What is the difference between being charged and being formalized in Chile?
Formalization is the formal act by which the prosecutor communicates to a judge, in your presence, that you are under investigation for a specific offense. It starts the procedural clock — deadlines for the investigation, for requesting precautionary measures, and eventually for trial. Being "charged" in everyday English usually maps to this moment, and having counsel present at it is not optional in practice.
Can I be released while the case is pending?
Chile does not use a cash bail system the way the United States does. Instead, the judge chooses among precautionary measures — from periodic reporting or a travel ban up to pretrial detention — based on the risk the prosecutor argues you pose. What we argue at that hearing, and the guarantees we can offer the court, largely determines which measure you get.
Do I need to be in Chile for the whole process?
Certain hearings require your presence, particularly the initial formalization and the trial itself, and a travel ban is common precisely because courts want defendants reachable. Other steps — strategy discussions, review of evidence, negotiation — can be handled remotely with us keeping you informed in English throughout.
What happens if I am convicted?
Chilean law allows several substitute penalties to imprisonment for lower-range sentences — supervised liberty, night detention, or a suspended sentence conditional on good conduct — depending on the offense and your record. Part of building a defense from day one is preparing that fallback position, not just the outcome you are hoping for.

Talk to a private criminal defense lawyer 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