FAQ Criminal Law: Answers to the Most Important Questions
Frequently Asked Questions on Criminal Law
An investigation, a summons or a house search takes most people by surprise. In situations like these, every correct decision counts. On this page I answer the questions I am asked most often in practice. The answers give you initial guidance but do not replace individual advice on your specific case.
I have received a summons from the police. Do I have to appear?
You are not required to appear for a police summons issued to you as an accused person. You are under no obligation to make a statement to the police or even to attend the appointment. The situation is different for a summons from the public prosecutor or the court. My advice: do not react hastily and say nothing about the matter before you have obtained legal advice. It is often wise to first request access to the case file through a lawyer, so that you know what you are actually being accused of.
Do I have to make a statement to the police?
No. As an accused person you have the right to remain silent, and this silence may not be used against you. You only have to provide your personal details (name, address, date of birth). Regarding the matter itself, you should generally make no statement without prior access to the file and legal advice. Whatever you say can hardly be corrected later.
When should I involve a criminal defense lawyer?
As early as possible. The biggest mistake is to wait or to try to resolve the matter on your own. The course is often set during the investigation, long before any charges are brought. The earlier I review the case file and build the defense, the more room there is to act, for example to have proceedings discontinued before they become public.
What does it mean to be an accused person in an investigation?
It means that the public prosecutor is examining whether there is initial suspicion of a criminal offense against you. An investigation is not yet a charge and not a verdict. Many proceedings are discontinued before they ever reach court. What matters is that the defense begins early and works towards a discontinuation or a favorable outcome.
A house search is to take place at my home. How should I behave?
Stay calm and do not resist. Ask to see the search warrant and object to the search explicitly (even if this does not prevent it, the objection is important for the later proceedings). Say nothing about the matter and sign nothing. Contact a lawyer as quickly as possible. You are not required to help the officers search or to answer any questions.
What can I do if I have received a penalty order?
A penalty order is not yet final. You have two weeks to file an objection. If this deadline is missed, the penalty order becomes equivalent to a final judgment, with all its consequences, such as an entry in your record. Precisely because the deadline is short, you should have a penalty order reviewed by a lawyer immediately. An objection is often worthwhile, for example to reduce the penalty or to end the proceedings entirely.
A relative is in pre-trial detention. What can a lawyer do?
In pre-trial detention, every hour counts. A defense lawyer can request a review of the detention, access the case file and work towards suspending the arrest warrant, for example subject to conditions. Contact with the detained person is also important, which a lawyer, unlike relatives, can maintain without supervision. The sooner the defense begins, the better the chances.
How much does a criminal defense lawyer cost?
The cost depends on the scope and severity of the proceedings. In an initial consultation I discuss transparently with you what costs you can expect, so that you have a clear basis for your decision. It is important to me that you know what you are paying for: a well-considered strategy and the consistent representation of your interests.
Is a lawyer worthwhile even for minor accusations?
Yes. Even a seemingly minor accusation can have significant consequences, for example entries that affect your profession, your residence permit or your driver's license. Especially at an early stage, much can often be achieved because there is still room for a discontinuation. What seems small at first can quickly grow without a defense.
I have been summoned as a witness. Do I still need a lawyer?
This can make sense. As a witness you are generally obliged to testify, but under certain circumstances you have the right to refuse to give evidence, for example if you would incriminate yourself or close relatives. If the line between witness and accused is unclear, you should obtain legal advice beforehand so as not to incriminate yourself unintentionally.
Can criminal proceedings be discontinued without a trial?
Yes, this is in fact common. Proceedings can be discontinued for various reasons, for example for lack of sufficient suspicion, subject to a condition, or because the degree of guilt is minor. An early, well-reasoned defense can work towards exactly this. The goal is to end the proceedings as quietly as possible and without a public trial.
Do you also represent clients nationwide?
Yes. I represent clients throughout Germany and advise in German, English and Russian. Especially in urgent cases such as an arrest or a search, I am quickly reachable in an emergency so that no valuable time is lost.
Do you have a question that is not answered here, or a specific case? Do not hesitate to contact me directly. In criminal law, acting quickly is often decisive.