Drink and drug driving
Driving under the influence of alcohol or psychoactive substances, driving without a licence, drug possession and trafficking. The timing of the blood sample and how the evidence was gathered often decide the outcome.
Criminal defence · Cluj-Napoca, Romania
Criminal defence law office in Cluj-Napoca, working in English
I am Dan-Sebastian Chertes, a member of the Cluj Bar since 2007, working exclusively in criminal law. If you are facing criminal proceedings in Romania, I will conduct your case in English — from the first police summons to the final decision.
Practice areas
The cases I handle
I work only in criminal law. Just as doctors have specialisations, so do lawyers — and a criminal case calls for someone who does this every day.
Financial and tax crime
Tax evasion, money laundering, income from virtual currency, cybercrime. Cases built on thousands of pages of documents and accounting expert reports.
Corruption and abuse of office
Bribery, trading in influence, abuse of office. Cases investigated by the National Anticorruption Directorate, where the investigating body's jurisdiction can decide everything.
Arrest and preventive measures
You have been summoned by the police, detained, or preventive arrest has been requested. Here it is a matter of hours, not days. Call immediately.
How a criminal case unfolds
What to expect, stage by stage
Initial consultation
What to expect
Talk to a lawyer so you know from the outset what criminal proceedings involve, the likely path they will take, and what a proper defence might cost. With those details, you can make an informed decision.
Criminal investigation
What your rights are
Whether you are the accused or the victim, your first meeting during the investigation will be with a police officer or a prosecutor. It is wise to have an experienced lawyer beside you, so you can be sure your rights are respected.
The court
The judge decides
The court will check whether the evidence was lawfully gathered, how well founded the accusation is and, if someone is guilty, what the sentence will be. Here too you need a lawyer who can answer every question you have.
Know your rights from the start
If you are facing an accusation in a criminal case, it matters that you have an effective defence from the very beginning. Do not wait until the file reaches the court.
Even if you feel the evidence is against you, it is essential to have an experienced lawyer who will examine whether that evidence was lawfully gathered. A badly framed accusation is a vulnerable accusation.
Frequently asked questions
Everything explained in plain language
I am here to show you how a criminal case unfolds, from the initial accusation to the final decision.
What are my rights if the police call me in for questioning?
If you are called in by the police, you have the right to remain silent — even if the officer tries to convince you that giving a statement is in your interest.
Speak to a lawyer first. A statement given too early can damage your defence strategy beyond repair.
Under Romanian law, silence cannot be interpreted against you. Be careful what you sign: you have the right to refuse signing if the statement contains something other than what you actually said, or if it records that you gave a statement when you had declined to.
Why do I need a criminal lawyer specifically?
Just as doctors have specialisations — dentists, surgeons, cardiologists — lawyers do too: criminal, civil, commercial, insolvency.
If your problem is a criminal case, the wisest choice is a lawyer who has worked only, or mostly, on criminal matters.
Should I admit to the accusation from the start?
The answer can never be a flat yes or no. You may believe you are accused of one particular act, while the prosecutor considers that you also committed something you say you did not do.
That is why you should first talk to a lawyer, and be as candid with them as possible. Any communication between client and lawyer is covered by professional privilege and cannot be used to accuse you.
Could I be arrested?
For certain offences that possibility exists, but a prosecutor will not ask a judge for detention in every case.
An experienced lawyer can tell you how likely such a measure is, based on the specifics of your case.
Will I go to prison if I am found guilty?
It is a long road from the accusation a police officer or prosecutor communicates to you, to a final decision by the court. So it is best to take things one step at a time.
A criminal lawyer will explain the stages you will go through and the possible outcomes, well before anyone decides whether you are guilty and what the penalty will be.
Do you work in English?
Yes. I regularly represent foreign nationals in criminal proceedings in Romania and conduct the case in English, including correspondence, explanation of the file and preparation for hearings. An authorised interpreter is used for the official hearings themselves, as the law requires.
The reassurance of a proper defence
Dan Chertes, your criminal defence lawyer
What matters most is how I can help you solve the legal problem you have. Because practising law is about the client and the problem they bring.
In a society that never stops moving, the sheer number of options can be overwhelming whenever you need to make the right choice. You will face the same dilemma when choosing a lawyer who will listen carefully and answer every question you have.
You book an initial consultation
I listen to every detail of your case
Together we settle on the right defence strategy
Selected matters
Outcomes obtained in real cases
Every case is different, and an outcome obtained in one matter is no guarantee of the same result in another. I set them out because they show the kind of argument I build.
Corruption
Evidence gathered without jurisdiction
In a case falling within the jurisdiction of the National Anticorruption Directorate, where the client was accused of bribery and complicity in abuse of office, the Cluj Court of Appeal returned the file to the prosecutor, at the prosecutor's own request, after annulling all evidence unlawfully gathered by the General Anticorruption Directorate.
Drink driving
Doubt as to the time of alcohol consumption
The client was accused of driving under the influence of alcohol, which he consistently denied. Given that the blood sample was taken three hours after he had been driving, the case was closed because the moment of consumption could not be established with certainty.
Construction offences
No fault in carrying out the works
The client was accused of continuing construction works after they had been ordered to stop. The case was closed in respect of her, given that she had at no point been involved in erecting the building in question.
Trespass
No unlawful entry
The client was accused of trespass, and an order waiving prosecution was issued. The court accepted the argument that there had been no unlawful entry into the neighbouring property in the course of the works the client was carrying out, and closed the case.
Safety measures
Ending compulsory medical treatment
The client had been subject to compulsory medical treatment for over 20 years, owing to the incurable nature of her condition. The court accepted the argument that her health had improved and the obligation was no longer necessary.
Forgery
No act of forgery established
The evidence in the file did not establish any forgery of the contested document on which the accusation against the client was based, and the client's exercise of the right to silence made it impossible to prove any different set of facts. The case was closed.
Your case
Your matter could be next
The outcome is decided by the prosecutor during the investigation and by the judge at trial. But all of my experience goes into finding the arguments that fit your case.
News
What has changed in criminal law
Decizia ÎCCJ: Ce trebuie să dovedească autoritățile în cazurile de conducere sub influența substanțelor psihoactive?
Înalta Curte de Casație și Justiție a decis astăzi (Decizia nr. 25 în dosarul nr. 620/1/2024) că: În cazul infracţiunii de conducere…
Read the article : Decizia ÎCCJ: Ce trebuie să dovedească autoritățile în cazurile de conducere sub influența substanțelor psihoactive?
Videoconferință în procese penale: decizia CJUE și condițiile de aplicare
Curtea de Justiție a Uniunii Europene (CJUE) a pronunțat recent o hotărâre importantă privind participarea inculpaților la procese penale prin videoconferință. Decizia…
Read the article : Videoconferință în procese penale: decizia CJUE și condițiile de aplicare
Drepturile tale când ești citat la poliție în calitate de persoană acuzată
Atunci când ești citat la poliție în calitate de persoană acuzată, este important să îți cunoști drepturile. Chiar dacă te afli într-o…
Read the article : Drepturile tale când ești citat la poliție în calitate de persoană acuzatăGoogle reviews
What clients say
“A professional and competent lawyer, Mr. Chertes has fought and gone beyond what other lawyers would have in Romania. He has explained and executed several legal cases for me in a matter that makes the Romania legal system understandable. His grasp of the English language is a big plus, I would highly recommend him for your legal needs.”
„Dedicat în întregime meseriei, dl. avocat Dan-Sebastian Chertes este omul pe care vă puteți baza! Este un profesionist desăvârșit, cu o experiență bogată și rezultate excepționale.”
„Dan Chertes este un avocat dedicat cauzelor pe care le reprezintă. Profesionalismul și devotamentul de care a dat dovadă de la prima interacțiune până la final, fiind vorba de un proces care a durat mai mulți ani, mă face să-l recomand cu încredere pentru toți cei care au nevoie de un reprezentant legal în procese penale, chiar și în situații complexe, când există și un aspect civil.”
Get in touch
Let us talk
Tell me briefly what the problem is and how urgent it is. I will get back to you as soon as I can.
Urgent matters
0742 833 784
For urgent situations, call directly. A meeting outside office hours can be arranged.
E-mail
contact@chertes.legal
Office
Str. Andrei Șaguna nr. 34-36, ap. 29
Cluj-Napoca, Cluj
Cluj-Napoca, Cluj
Office hours
Monday – Friday, 09:00 – 18:00