Private defense counsel in Sweden

What is privately retained defense counsel?

Privately retained defense counsel is a lawyer you select and hire when you are suspected or accused of a crime. You may retain counsel regardless of the alleged offense, including when you do not qualify for court-appointed representation.

Defense counsel protects your procedural rights and presents facts and evidence that support your position. Counsel acts independently from the police, prosecutor, and court.

Under Swedish law, the court may assess whether a person is qualified and suitable to act as defense counsel in a particular case.

Private and public defense counsel

Privately retained counsel is selected and paid by the suspect. Public defense counsel is appointed by the court when the legal requirements are met. Appointment may be appropriate when a suspect is deprived of liberty, the allegation is serious, or the case is legally or factually complex.

The court decides whether you qualify for public defense counsel. If you are convicted, you may be required to reimburse the state for some or all of the cost, depending in part on your financial circumstances.

If the court does not appoint public defense counsel, you may still hire a lawyer privately. This may be valuable if you need assistance before questioning, want the evidence reviewed, or face other significant consequences because of the allegation.

Get legal help before police questioning

Contacting a lawyer before questioning gives you an opportunity to understand the allegation and your rights. Statements made during a police interview are documented and may be used throughout the investigation and at trial.

Before questioning, we help you understand:

• the alleged offense
• the level of suspicion that has been communicated to you
• your rights during the interview
• the information currently available
• how the interview and investigation will proceed
• which documents and facts may be relevant to your defense.

You have the right to be informed of the allegation and are not required to assist the authorities in proving your own guilt. Defense counsel may attend the interview and respond if your procedural rights are not respected.

During the criminal investigation

During the preliminary investigation, the police and prosecutor collect evidence and determine whether there are sufficient grounds to bring charges. The investigation must consider information both against you and in your favor.

Defense counsel can monitor the case, request relevant investigative measures, and identify alternative explanations or weaknesses in the evidence. When the investigation is complete, the suspect will generally have an opportunity to review the case materials and request additional investigative steps before the prosecutor decides whether to file charges.

If charges are filed

If the prosecutor files charges, the case proceeds to the district court. The prosecution bears the burden of proving the charge, and you must be treated as innocent unless your guilt is established.

Before trial, defense counsel reviews the charges, the investigation file, and the prosecution’s evidence. Your lawyer helps you prepare your position, identifies defense evidence, and represents you during the hearing.

Cost of privately retained counsel

You are generally responsible for the cost of privately retained defense counsel. Before the engagement begins, you and the lawyer should agree on the scope of the work, the fees, and how the work will be billed.

If you are acquitted, you may be able to request reimbursement from the state for reasonable defense costs. The court determines whether the costs were necessary and reasonable.