Act early – do not make a hasty statement
A suspect is generally not required to comply with a police summons. The position is different if the summons is issued by the public prosecutor's office. Irrespective of this, a suspect is entitled to remain silent and to consult a defense lawyer even before questioning.
The first aim of early defense work is to clarify the allegation and the status of the investigation. After reviewing the investigation file, a decision can be made as to whether a statement is advisable and what further steps are required.
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1 Police summons – silence is golden As a suspect, do not appear or make a statement hastily
Anyone who receives a police summons as a suspect should first have the allegation clarified. A suspect is generally not required to comply with a police summons. By contrast, there is an obligation to appear when summoned by the public prosecutor's office.
There is likewise no obligation to make a statement to the police about the allegations. It is often advisable first to have defense counsel obtain access to the investigation file and only then to decide whether and in what form a statement should be made.
2 Criminal investigation and access to the file What exactly is alleged and what is the suspicion based on?
A sound defense strategy requires knowledge of the specific allegation and the material results of the investigation. Defense counsel can apply for access to the file and, on that basis, agree the further course of action with the client.
Only after the file has been reviewed can it usually be assessed reliably whether a statement, the naming of evidence or continued silence is advisable.
3 Search and seizure Search warrant, seized items and conduct during the proceedings
A search of a home or premises is usually a considerable burden. It is important to keep documents such as the search warrant and an inventory of seized items and not to make hasty statements about the allegations.
It can then be examined what allegation underlies the search, what items or data were seized and what legal steps may be available in the specific proceedings.
4 Arrest and pre-trial detention Particularly urgent defense where liberty is at stake
If a person is arrested or pre-trial detention is imminent, rapid contact with a lawyer is particularly important. In detention and judicial presentation situations, the requirements for mandatory defense may also be met.
In particular, the suspicion, the alleged ground for detention and the available means of challenging the detention decision or influencing the further course of the proceedings must be examined.
5 Mandatory defense – choose the lawyer yourself Be sure to observe the court's short deadline
If the court informs you that court-appointed defense counsel is to be appointed, the letter should not be left unanswered. Before appointment, the accused must be given an opportunity to nominate a lawyer within a period set by the court. This period is often very short and may, for example, be only one week. The deadline stated in the court's letter is always decisive.
If a lawyer is nominated within the deadline, that lawyer is generally to be appointed unless there is an important reason to the contrary. If no lawyer is nominated in time, the court selects court-appointed defense counsel itself. A lawyer with whom a relationship of trust can be established should therefore be chosen at an early stage.
A later change of defense counsel is possible under statutory conditions, but is not completely unrestricted in every situation. Where only a short selection period was granted, or where a lawyer other than the one nominated in time was appointed, the law provides, under certain conditions, for a three-week period in which to request a change. The first court request to nominate defense counsel should therefore be taken seriously.
6 Received a penalty order Two-week period for lodging an objection
As a rule, an objection to a penalty order may be lodged within two weeks after service. If the deadline is missed, the penalty order generally has the same effect as a final judgment.
A penalty order should therefore be reviewed immediately after receipt. It must be decided whether and to what extent an objection should be lodged and what consequences the penalty order has in the individual case.
7 Indictment and main hearing Preparation, evidence and defense strategy
After an indictment has been filed, it must be examined which allegations are the subject of the court proceedings, how the evidence is to be assessed and which defense strategy is appropriate for the main hearing.
The defense includes preparation of the proceedings, representation at the main hearing and – where necessary – review of further remedies or appeals.
8 Mandatory defense When court-appointed defense counsel is required
In certain cases regulated by law, criminal proceedings may not be conducted without defense counsel. This applies, for example, to certain serious allegations and procedural situations, as well as cases in which defense is necessary because of the severity of the expected legal consequences, the difficulty of the facts or law, or for other statutory reasons.
Whether a case of mandatory defense exists and when court-appointed defense counsel must be appointed has to be assessed on the basis of the individual proceedings.
Criminal Defense in Dortmund, North Rhine-Westphalia and throughout Germany
Our law firm is based in Dortmund. We provide criminal defense in particular in Dortmund and the Ruhr area, including Bochum, Essen, Gelsenkirchen, Hagen, Lünen and Unna, as well as before courts throughout North Rhine-Westphalia. Depending on the case, we also provide defense throughout Germany.
If you have received a summons, penalty order, indictment or a letter concerning the appointment of court-appointed defense counsel, tell us as early as possible what the matter is about and what deadline is stated in the letter.