Investigation Proceedings – Defense from the Very Beginning

The investigation phase is the first and often decisive stage of a criminal case. Here, authorities examine whether the suspicion of a crime is sufficiently substantiated to bring charges. Police and prosecution collect evidence, question witnesses and suspects, and make preliminary decisions. At this early stage, the course can already be set – for a dismissal of the case or a lenient sanction.

As a criminal defense lawyer, I stand by your side throughout the investigation, protect your rights, and ensure that you avoid harmful mistakes.

Table of Contents

What is an Investigation?

An investigation is the first stage of criminal proceedings. It begins as soon as law enforcement authorities (police or prosecution) become aware of a potential crime. This may occur through:

  • a criminal complaint,
  • police observation,
  • reports from other authorities,
  • or anonymous tips.

The goal is to determine whether there is sufficient suspicion – meaning a conviction in trial court appears likely.

Course of the Investigation

The investigation consists of several steps:

  1. Initial Suspicion and Commencement

    • Proceedings begin once there is initial suspicion.

  2. Police Investigations

    • Questioning witnesses and suspects
    • Securing evidence (e.g., seizure of items)
    • Surveillance
    • Telephone tapping (under strict conditions)

  3. Interrogation of the Suspect

    • You may choose to give a statement or remain silent.

  4. Review by the Prosecution

    • Assessment of the evidence
    • Decision on whether to press charges

  5. Final Decision

    • Dismissal of the case (§§ 153, 170 II StPO)
    • Penal order
    • Indictment

Rights of the Accused

As a suspect, you have important rights:

  • Right to remain silent
  • Right to consult a lawyer
  • Right to access the case file (via your lawyer)
  • Right to a fair trial

Important advice:
Do not speak to the police before consulting your lawyer.

Police Summons – What to Do?

If you receive a police summons:

  • You are not obliged to appear.
  • Exceptions only apply for summons issued by a judge or prosecutor.
  • Always seek legal advice first.

Many suspects make unconsidered statements that harm their case. A defense lawyer reviews the file and develops a strategy.

Search and Seizure

Police may search your home, business, or car if a search warrant exists. In urgent cases, searches are also allowed without a warrant.

As a suspect, you have the right to:

  • Be present during the search
  • Contact your lawyer
  • Obtain a written search report

Seized items may be reclaimed under certain conditions.

Pre-trial Detention and Arrest Warrant

In serious cases, a judge may issue an arrest warrant if:

  • there is strong suspicion, and
  • a legal ground for detention exists (risk of flight, risk of tampering with evidence, danger of repetition).

Detention is a severe measure. An experienced defense lawyer can:

  • Apply for judicial review or appeal detention
  • Negotiate alternatives such as reporting duties
  • Achieve release from custody

Defense Strategies in the Investigation Phase

The course of the entire case is often determined here. Key strategies include:

  • Making no unconsidered statements
  • Reviewing the file through your lawyer
  • Challenging unlawful investigative measures
  • Commenting on evidence
  • Filing motions for dismissal
  • Early negotiations with the prosecution

Case Dismissal – Take Your Chance

Many cases are dismissed, for example:

  • Lack of evidence (§ 170 II StPO)
  • Minor offense (§ 153 StPO)
  • Dismissal with conditions (§ 153a StPO)

A dismissal may prevent an entry in your criminal record.

Transition to Trial

If charges are pressed, court proceedings begin. Before that, your lawyer often has the chance to argue for dismissal.

My Services as a Defense Lawyer

As your defense lawyer, I support you with:

  • Accessing and reviewing the case file
  • Assessing the evidence
  • Developing a defense strategy
  • Protecting your rights
  • Preparing and attending interrogations
  • Drafting motions and statements
  • Negotiating for dismissal
  • Defending you in court

Get Support Now

Have you received a summons or learned of an investigation against you? Do not wait. The investigation stage lays the foundation for the outcome.

Contact me for an initial consultation.

Phone: +49 172 8974716
E-Mail: beisel@duckscheer.de

I represent clients throughout Germany with committed criminal defense.

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Meta Title: Criminal Defense Lawyer – Legal Support in Investigations
Meta Description: Professional criminal defense during investigations. Protect your rights, avoid mistakes, and benefit from early legal assistance.
Meta Keywords: criminal defense lawyer Germany, investigation proceedings, defense attorney, police summons, search and seizure, pre-trial detention, criminal case dismissal