Minor crimes (misdemeanors) include theft and assault, while major crimes include murder, robbery and manslaughter. Even an incomplete tax return or drunk driving can often bring you into contact with the criminal prosecution authorities more quickly than expected.
As soon as criminal law takes effect, it is important to remain calm and to seek legal advice as early as possible in order to avoid mistakes that may be difficult to correct later on, which are often caused by misjudgements or lack of better knowledge. In particular, if you have been served with a summons, an order of summary punishment or an indictment, as time limits for appeal as well as other time limits set for you or statutory time limits begin to run herewith.
I support you as a criminal defense lawyer in all phases of the criminal proceedings, which can range from the preliminary investigation to the main hearing and the appeal proceedings. You can always rely on me in the event of an arrest, house or apartment search, seizure or interrogation by the police or the public prosecutor’s office.
In addition, I am at your disposal in the victim’s as well as in the accessory action.
Criminal Defense Lawyer Tip:
Silence is golden! And talking is not silver but in case of doubt big "crap"! As a defendant in a preliminary investigation, you have a comprehensive right to remain silent.
You do not have to incriminate yourself. For this reason, I recommend that you do not make any statements about the case at first. Contact me or. my office. I will request the investigation file for you and explain it to you.
This is essential for a successful criminal defense, because only after we have obtained access to the files do we have an overview of the information that the public prosecutor’s office and the police have.
Basic terms in criminal law
In the following I would like to explain to you the most important terms of the criminal procedure.
1. Preliminary proceedings
In criminal law, the proceedings begin with the preliminary proceedings.
The preliminary proceedings begin with the investigation by the police, including the questioning of the accused by the police and/or the investigating public prosecutor of the responsible public prosecutor’s office.
In this regard, it should be briefly noted that the accused is under no obligation to comply with a summons to appear before the police for questioning. The situation is different in the case of summonses from the public prosecutor or the court, which must be obeyed absolutely and compulsorily. However, the accused, as well as the later defendant, has the right to refuse to testify at any stage of the criminal proceedings. In any interrogation, the defendant is only required to provide personal information and is not obliged to provide information on the subject matter. Once again, I strongly recommend that you make use of your right to remain silent.
Already at this stage of the criminal proceedings it is possible to inspect the file through the lawyer you have hired. Depending on the investigation and evidence, the prosecutor can then work towards discontinuing the criminal proceedings, issuing the indictment or issuing a penalty order.
The investigation ends with the discontinuation of the criminal proceedings, an indictment or the application for the issuance of a penalty order.
2. Indictment and penalty order
Insofar as the public prosecutor’s office brings charges, the competent court decides on the opening of the main proceedings.
If the court decides to open criminal proceedings, the main hearing will then take place.
In the case of a penalty order, the competent court pronounces a penalty without an oral main hearing. The penalty order is served on the defendant. This has from the time of delivery of the penalty order the possibility within an objection period of two weeks to object to the penalty order. Following the validly lodged appeal, a date will be set for the main hearing.
A search is carried out on the basis of a judicial search warrant or, in the case of imminent danger, by order of the public prosecutor’s office or the police. In case of a search of your apartment or house, you should remain calm and possibly contact a lawyer by phone already now, if you can. The search itself, however, you will have to endure for the time being.
After the fact, the lawyer you hire can review the legality of the search warrant and possibly have the illegality of the search warrant established.
Here too – as in the preliminary proceedings – silence is golden, do not allow yourself to be "seduced" into making a (possibly incriminating) statement.
A search may be able to be shortened or averted by voluntarily surrendering what you are looking for. This approach is particularly useful if it is feared that a continued search will reveal further incriminating material – so-called "evidence". Chance finds – are found.
4. Detention and pre-trial detention
U-detention (pre-trial detention) may only be ordered under certain conditions. There must be an urgent suspicion and a reason for detention, in addition, the U-detention (pre-trial detention) must not be disproportionate to the importance of the case and the expected penalty.
grounds for pre-trial detention are:
The reason for detention, the danger of repetition, has the purpose of preventing future crimes and is a preventive measure of preventive detention for the protection of the general public. It is an exception to the principle that the aim of criminal procedure law is only to prosecute crimes that have already been committed. The norm thus has less of a criminal law structure than a preventive police structure.
The review of the legality of the order of a U-detention is carried out by oral detention review at the investigating judge and after the charge has been raised at the, for the main case responsible judge. For a review of the legality, it is also advisable to engage an attorney as a criminal defense lawyer.