My Child Has Received a Police Summons - What Parents Should Do Now

Your Child Has Received a Summons? Stay Calm

When a police summons for your own child is in the mailbox, the worry is great. Many parents react with the impulse to clear the matter up quickly and send their child to the police to explain everything. This is well-intentioned but often the first and most consequential mistake. Precisely with juveniles, it is frequently decided here how the proceedings will unfold.

This article explains what a summons as an accused person means, why your child should not testify, what you as parents must do now specifically and how an early defense helps your child.

What a Summons as an Accused Person Means

First, it depends on the role in which your child is summoned. If it is summoned as an accused person, this means it is under investigation. And here a decisive principle applies: as an accused person, your child does not have to comply with a police summons or make any statement on the matter. No one is obliged to contribute to their own incrimination.

Many parents and juveniles do not know this and assume they have to appear and testify. The opposite is correct. The right to remain silent is your child's most important right, and silence may not be interpreted to its disadvantage.

Why Your Child Should Not Testify

At the moment of questioning, the temptation is great to explain oneself, to describe one's own view or to insist that one has done nothing wrong. Juveniles in particular tend, under the pressure of the situation, to say things that later harm them. What is said to the police is recorded and can no longer be withdrawn.

Only after access to the case file through a defense lawyer can it be assessed at all what is being alleged, what the evidence looks like and whether and how a statement makes sense. A statement without knowledge of the file is a shot in the dark, and in case of doubt it hits one's own child.

"The most common mistake parents make is sending the child to the police to clear the matter up. In truth, it needs exactly the opposite: first remain silent, then review the file with the defense lawyer, then decide."

• →Tom Beisel, Attorney

What You as Parents Should Do Now

React calmly and deliberately. Do not let your child comply with the summons without legal accompaniment and do not encourage it to testify quickly. Cancel the appointment through a defense lawyer or leave it unheeded if it is a police summons as an accused person. Turn to a defense lawyer early, who requests access to the file and discusses the situation with you and your child.

It is also important that you yourself do not try to clear the matter up with the police. Parents want to help, but any explanation of one's own can unintentionally cause harm. All communication with the authorities should go through the defense lawyer.

How an Early Defense Helps

In juvenile criminal law, the idea of education is at the forefront, and there are many paths to a mild, sensible solution. Precisely for this reason, acting early is worthwhile. After accessing the file, a defense lawyer can often work towards having the proceedings discontinued, for example in return for an educational condition, before it even comes to charges. The earlier the defense begins, the greater the room for maneuver.

For young people without a German passport, there is the additional fact that criminal proceedings can also have consequences under residence law. This too should be considered from the start, so that a solution is found that does not unnecessarily burden your child.

Frequently Asked Questions

Does my child have to go to the police summons?

If it is summoned as an accused person, no. It does not have to appear or make any statement on the matter. Seek legal advice first.

Does it make a bad impression if my child remains silent?

No. The right to remain silent is a legally guaranteed right, and silence may not be used to your child's disadvantage.

What if my child is summoned as a witness?

Then different rules apply than for an accused person. Have the summons reviewed by a lawyer to clarify your child's role and obligations.

How quickly should I engage a lawyer?

As early as possible, ideally immediately after receiving the summons and before the stated appointment. The early phase is decisive for the course of the proceedings.

Has your child received a police summons? Have it remain silent at first and seek legal advice immediately before the appointment is due. I defend young people with empathy and determination and keep the consequences under residence law in view. Get in touch directly.