Criminal Defense Attorney at an Indagatoria Hearing: What to Do When You Receive a Summons

The Mistake Almost Everyone Makes When Summoned to an Indagatoria

A summons arrives from the Fiscalía (Colombia's Attorney General's Office) or from the court. The document reads "indagatoria" and the recipient thinks: "If I haven't done anything wrong, I'll go, tell the truth, and that'll be that."

That well-intentioned reaction is the root cause of most of the serious problems we see at Consejurídico. An indagatoria is not an informal conversation. It is a formal judicial proceeding with real procedural consequences, and what you say — or how you say it — can determine the course of a criminal case against you.

What Exactly Is an Indagatoria?

An indagatoria is a proceeding specific to Colombia's mixed criminal procedure system under Law 600 of 2000, which remains in force for offenses that occurred before the adversarial system (Law 906 of 2004) took effect in each judicial district, as well as in certain special proceedings. In plain terms, it is the first time the State formally questions you about the facts under investigation.

It is not a conviction, nor even a formal charge. However, it is the moment at which you become formally linked to the proceedings as a sindicado — that is, the person against whom the investigation is directed. From that point on, the case file begins to be built with your own words.

Under the adversarial system (Law 906), the equivalent proceeding is the audiencia de formulación de imputación (charge formulation hearing), which follows a different logic. If your summons refers to an imputación, the steps are similarly urgent but procedurally distinct — let us know during your consultation and we will explain which framework applies to your situation.

When Can You Be Summoned to an Indagatoria?

A summons to an indagatoria may arrive when:

• The Fiscalía or an investigating judge determines there is sufficient grounds to investigate you for a specific offense.
• Your name appears in a complaint, in witness statements, or in seized documents.
• You are a public official and the case involves conduct carried out in the exercise of your duties (these proceedings frequently follow Law 600).
• A querella — a formal complaint — has been filed against you by a private party.

Receiving a summons does not mean you are already considered guilty. It means the investigation has entered an active phase and that your participation in these proceedings has already begun, whether you want it to or not.

What Can Happen If You Appear Without a Lawyer

Here is what actually occurs in practice:

• You say more than you should. Without prior guidance, most people volunteer details that were never requested, mention third parties, or contradict earlier accounts — all of which can later be used to build additional charges.

• You waive rights without realizing it. You have the right to remain silent, the right against self-incrimination (Article 33 of the Colombian Constitution), and the right to have an attorney present. Many summoned individuals are unaware of these rights or choose not to exercise them because they fear it will "look suspicious."

• The case file takes shape without a technical defense. Every answer you give at the indagatoria becomes part of the record and may be weighed by the judge. Without a lawyer advising you before and during the proceeding, you are effectively building the other side's case, not your own.

• You lose the opportunity for an early strategy. In many cases, acting from the indagatoria stage onward — with the right arguments, appropriate evidence, and a well-defined legal position — can prevent the proceedings from advancing to more serious stages, such as the calificación del mérito sumarial (preliminary merits ruling) or a formal indictment.

Practical Steps If You Have Already Received the Summons

• Do not ignore the summons. Failing to appear without justification can trigger procedural consequences, including coercive measures.

• Contact a criminal defense attorney before the hearing, not on the day of the proceeding or in the waiting room. You need time to review what the investigation is about, what is already in the file, and what position it is advisable to take.

• Request access to the case file or at least to the facts under investigation. Your defense has the right to that information prior to the hearing.

• Decide with your attorney whether to testify or remain silent. Both are legitimate and strategic options. Which one is appropriate depends on the specific facts of your case, not on any general rule.

• Bring your attorney to the hearing. Your attorney has the right to be present, to object to misleading or irrelevant questions, and to intervene in your defense from that very moment.

What a Criminal Defense Attorney Does in This Situation (That You Cannot Do on Your Own)

An experienced criminal attorney who handles indagatorias does not simply accompany you to the hearing. Before that:

• Reviews the case file to understand what the Fiscalía actually has — and what it does not.
• Prepares your statement or determines, based on sound legal reasoning, why it may be better not to testify.

• Assesses whether there are procedural nullities — procedural defects that could invalidate prior actions in the proceedings.
• Anticipates the prosecution's strategy so that you do not inadvertently strengthen it.

At Consejurídico, we handle criminal cases that frequently intersect with other areas of law: a fraud case, for example, may overlap with civil liability or corporate law implications. Having all relevant areas handled by the same team prevents different attorneys from working in silos and ensures that critical information is not lost between one consultation and the next.

Timing Matters — and There Is a Deadline Here

In criminal matters under Colombian law, the time between the summons and the hearing is the most valuable window you have. Not the time afterward. Once you have testified without preparation, what you said cannot be removed from the record. The precise deadlines for exercising other rights within the proceedings depend on the specific circumstances of your case — we will clarify them in full during your consultation.

What Should You Do Right Now?

If you have a summons in hand, or if you suspect that an investigation against you may already be underway, do not wait for the situation to become more complicated.

Through Jurídiconline (Juri), Consejurídico's digital legal assistant, you can get a real initial consultation right now — no appointment needed and no matter which city in Colombia you are in. Juri does not replace advice from a licensed attorney, but it does provide immediate guidance on whether what you are facing requires urgent attention and which steps should be prioritized. Sometimes, that first orientation makes the difference between acting in time and arriving too late.

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