Criminal Defense

Your defense, at every stage of the process.

For people under investigation, detained or facing charges. One partner in charge of your case, 10 professionals at your disposal, strategy from day one and absolute confidentiality.

or book a consultation
Sebastián Andrade Yánez, partner at TREU Abogados Dr. Mario Andrade Gagliardo, partner at TREU Abogados
Sebastián Andrade Yánez · Mario Andrade GagliardoOne partner in charge of your case and 10 professionals at your disposal.
+25
Years of criminal litigation experience
+700
Clients represented
100%
Exclusively devoted to criminal law
Nationwide
Practice throughout Ecuador

Your situation

Where does your case stand?

Choose your situation to see what you need to know right now and how we can help.

I received a notice from the Prosecutor's Office

What you need to know

  • Do not go alone to give your statement: even if you are summoned as a witness, what you say could tie you to the investigation.
  • Do not ignore the notice. If you repeatedly fail to appear, the police may be ordered to bring you in.
  • Keep the notice and gather any documents related to the case.

What we do for you

  • We review the notice and the prosecutor's file before you appear.
  • We prepare your statement with you and go with you to the proceeding.
Discuss this case

A family member has been arrested

What you need to know

  • The flagrante delicto hearing must be held within 24 hours of the arrest (art. 529 of the COIP, Ecuador's Comprehensive Organic Criminal Code). It is the most urgent one.
  • At that hearing the judge decides whether the arrest was lawful, whether charges are brought and whether pretrial detention or other measures are ordered.
  • Have their ID card (cédula) and documents proving address, employment and family ties at hand: they help request measures other than detention.

What we do for you

  • We go immediately to the flagrante delicto unit and review whether the arrest was lawful.
  • We argue the hearing to request alternatives to pretrial detention.
Discuss this case

A criminal complaint has been filed against me

What you need to know

  • The preliminary investigation can last up to 1 year, or up to 2 years if the offense carries a sentence of more than 5 years (art. 585 COIP).
  • This is the best time to present evidence in your favor, before the prosecutor decides whether to bring charges.
  • Do not discuss the case on social media or with the other party.

What we do for you

  • We review the file, identify the weak points of the complaint and submit exculpatory evidence.
  • Where appropriate, we seek to have the investigation closed before it reaches trial.
Discuss this case

I have been charged or am on trial

What you need to know

  • The formal investigation (instrucción fiscal) lasts no more than 90 days; 30 in flagrante delicto cases and 45 in traffic cases (art. 592 COIP).
  • Evidence that is not announced and requested in time can hardly be used at trial.
  • Every hearing counts: the pre-trial evaluation hearing and the trial are argued orally.

What we do for you

  • We build the theory of the case, request expert examinations and prepare witnesses.
  • We argue every hearing through to the judgment.
Discuss this case

A judgment has been issued in my case

What you need to know

  • An appeal must be filed within 3 days of notification of the judgment (art. 654 COIP). It is a very short deadline.
  • After the appeal, other remedies such as cassation may be available, depending on the case.

What we do for you

  • We review the judgment and the proceedings to identify errors that allow it to be challenged.
  • We file and argue the appeals before the Provincial Court and the National Court of Justice.
Discuss this case

The criminal process

We stand with you at every stage.

This is how an ordinary criminal proceeding moves forward in Ecuador, and what we do at each point.

  1. 01

    Preliminary investigation

    Up to 1 or 2 years

    The prosecutor gathers evidence to decide whether to press charges. Here we present exculpatory evidence and seek to have the case closed when appropriate.

  2. 02

    Charges and formal investigation

    Up to 90 days

    The prosecutor brings charges before a judge and precautionary measures are argued. We request expert examinations and investigative steps in your favor.

  3. 03

    Pre-trial evaluation hearing

    One hearing

    The case is narrowed down: unlawful evidence is excluded and the issues for trial are set. Many cases are won here.

  4. 04

    Trial

    Oral hearing

    The evidence is presented before the court. We examine and cross-examine witnesses and argue for your innocence or a fair sentence.

  5. 05

    Appeals

    3 days to appeal

    If the judgment is unjust, we challenge it: appeal, cassation and any other remedies available.

Specialization

Areas in which we defend you

We litigate across all 21 areas of criminal law. These are some of the most common; for each one you can see the offenses, explained along with their penalties.

View all 21 practice areas

Why TREU

We don't improvise.
We prepare.

We study every file in depth, anticipate the other side's moves and build a strategy designed exclusively for your case. That preparation is what makes the difference in a hearing.

10 professionals at your disposalled by the partner in charge of your case.
  • 01 One partner in charge of your case Leads your defense from start to finish. You speak directly with the person defending you.
  • 02 Updates at every stage You always know where your case stands and what comes next.
  • 03 Absolute confidentiality Over your case, your identity and your information.
  • 04 Nationwide coverage Quito, its surrounding valleys and any province of Ecuador.

Frequently asked questions

What clients ask us most.

I received a notice from the Prosecutor's Office to give a statement. What should I do?

First, call a lawyer you trust before you appear. Even if you were summoned only as a witness, a poorly given statement can tie you to the investigation as a suspect. Not appearing is not the answer either: after repeated absences, the National Police may detain you and bring you in to give it. Always go prepared and accompanied by your defense lawyer.

A family member has been arrested. What happens now?

If the arrest was made in flagrante delicto, a flagrante delicto hearing must be held before a judge within 24 hours (art. 529 COIP). At that hearing the judge decides whether the arrest was lawful, whether the prosecutor brings charges and which precautionary measures are ordered, including pretrial detention. That is why it is the most urgent hearing: contact a lawyer immediately.

How long does a criminal proceeding take?

It depends on the offense and the type of procedure. As a reference, the preliminary investigation can last up to one year for offenses punishable by up to five years, and up to two years for all others (art. 585 COIP); the formal investigation (instrucción fiscal) lasts no more than 90 days, 30 for flagrante delicto offenses and 45 for traffic offenses (art. 592 COIP). Then come the pre-trial evaluation hearing and the trial.

Can I change lawyers if my case is already underway?

Yes. You can appoint a new defense lawyer at any stage of the proceedings. The sooner you do it, the more room your new defense will have to review the file and correct course before the key hearings.

How much does a criminal defense cost?

Many people assume a criminal defense is always expensive. An excellent defense does not have to be: every case is different, and fees should reflect that. Before discussing figures, we analyze your situation, the case you are facing, the procedural stage, the potential sentence and the complexity of the evidence; on that basis, we agree with you on a clear and proportionate fee arrangement. We accept all credit cards.

The sooner your defense steps in, the more options you have.