You have the right to hire a lawyer of your own choosing to represent you in administrative offences proceedings. You have a right to free legal aid if you cannot afford it.
The right to a lawyer
You have the right to hire a lawyer at any stage of the administrative offences proceedings. This means that you can already choose a lawyer for the proceedings with the state institution.
Your lawyer can be present at any time that your presence is required at the proceedings.
State-paid lawyer
The state must guarantee your right to a fair trial. Therefore, the state should only provide you with a lawyer if:
- you cannot afford one, and
- if a fair hearing cannot be ensured without legal aid.
In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully, understand what is happening in your case without the help of a lawyer.
Lithuanian law
In Lithuania, you can only receive free legal aid if you need it to ensure your meaningful participation in the proceedings, and if:
- you are a citizen or resident of Lithuania or other European Union state
- your property and annual income do not exceed the levels established by the Government
Depending on your financial situation, you might get a completely free or 50% free legal aid.
In some circumstances, you are entitled to free legal aid despite your financial situation. For instance, if you are a person with a disability, or if you are on full support from the state or local government, i.e. a minor placed in an orphanage, or a person in a prison.
To get a state-paid lawyer, you must file a request to the State Guaranteed Legal Aid Office in a timely manner and provide necessary documents and information about your situation. All the necessary documents are listed in the Law on State Guaranteed Legal Aid.
However, if you did not get a State-paid lawyer, it does not mean that your rights have been violated.
How to complain
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, in all instances you should still ask the court to provide you with a free lawyer. Even if the court refuses, later you will be able to complain about a potential violation of your rights in other national or international human rights institutions.