summons as a defendant

If you have received a summons from the police or law enforcement agency, you have no obligation to appear. Unlike when you have received a summons to interrogation by the prosecutor. In that case you have to appear, they can even be compulsorily demonstrated after a previous threat.

Regardless of where you provide information, there is a duty to provide personal information. It is important that the question of your income is not a question about the person and you do not have to answer them.

At no time is it for you as an accused the obligation to provide information on the matter. At least when questioned by the Public Prosecutor, you have the right to demand the presence of your defense attorney. This right is usually enforceable when interrogated by the police or law enforcement if you refuse to testify without your defense lawyer.

Summons to testify

If you have received a summons from the police or law enforcement agency, you have no obligation to appear. Unlike when you have received a summons to interrogation by the prosecutor. In that case you have to appear, they can even be compulsorily demonstrated after a previous threat.

If you make a statement, you must first provide information about the person.

Basically, you also have the duty to provide truthful information on the matter. If you have a certificate or denial right, you do not have to testify. If the accused is related, bonded or engaged in the process in which you testify as a witness, you have a right to refuse to give evidence.

You also do not have to answer questions if you truthfully testify yourself to a crime. This right to refuse to give testimony can go so far that you do not have to say anything on the matter. You should definitely make use of this, because in such cases, a witness quickly becomes an accused.

arrest

In case of arrest, hurry is required. It must be contacted immediately a defense lawyer. Keep calm as a relative, partner, or friend, and provide the defender with all the information you have. In Berlin, the detainee is taken to the prisoner's detention center. As a rule, the arrest warrant will be issued the next day. Even here, a defender of your choice should be assigned to uphold the rights of the accused. It is already possible in the notice of detention to reach a lifting of the arrest warrant or a detention order.

Search / seizure

If your home and / or business premises are searched, keep calm. Condemn the search, this is not a voluntary permission to search, but averting immediate coercion. Do not you and your relatives or employees comment. Have the search warrant displayed and note down the identity of the officer. You are entitled to contact a lawyer immediately. You can let search warrants get involved. If possible, leave the rooms where you search. This minimizes the risk of getting involved in a conversation. Under no circumstances sign any documents! Objectively object to any seizure.

Strafbefehl

If you have received a penalty order, you have two weeks to file an appeal. Immediately contact a lawyer specializing in criminal law and arrange a timely appointment. Please bring the punishment order and the yellow envelope in which the punishment order was sent. One copy is enough.

The defense attorney will then file an appeal and file access. Thereafter, an opinion and the correct calculation of the daily rate.

After the appeal, the procedure continues "normally". So there is a trial in court.

Otherwise you would be spared.It is important to remember that the so-called prohibition of deterioration does not apply extensively in the penal procedure. This means that after the appeal, the court can also pronounce a higher sentence at the trial.

arrest warrant

If you suspect or even know that a warrant is in the room against you, do not panic. It is important to keep a cool head. Escape is never useful and very rarely successful in the long term. Call your defender. Together with this the best strategy in the individual situation will be discussed.

There are different types of arrest warrants, so that a general statement about the procedure is not possible. The most important arrest warrants are Pre-trial Detention Order, Housing Order, Main Negotiation Order, Hail Order and Execution Order. In any situation, it will be better for the defense counsel to announce that they are self-advocates and to accompany you to the appropriate office. Under certain circumstances, a detention can be achieved.

custody

The pre-trial detention is very stressful for the person concerned as well as for the relatives. It can be applied for detention or a detention complaint. After a period of 6 months, the conditions of the arrest warrant must be re-examined. Unfortunately, if you've exhausted all the resources and are still in custody, you can only wait in custody. However, the time spent in custody is counted towards the sentence.

Teenagers and adolescents

Teenagers are persons from the age of 14 until the age of 18. Adolescents are 18 years of age, but not yet 21 years. A large number of the provisions in the Juvenile Court Act (JGG) are also applicable to adolescents under certain conditions.

If you are suspected as a juvenile of a criminal offense, the juvenile court help is switched on, which wants to lead a conversation with you first. If you do not yet have a lawyer, then let yourself be advised by a defense lawyer. Tell the juvenile court but initially nothing of the deeds. Even as a teenager you should at first remain silent and not put you in danger of burdening yourself. Before it is not clear what can be proved by documents, you should in no case tell the police, the prosecutor, the court or the juvenile court assistant anything about the alleged criminal offenses.

Your defender may not tell your parents what you have entrusted to him without your consent.

The biggest difference to adult criminal law is the nature and amount of the sanctions. While there are only fines and imprisonment for adults, in juvenile justice a wide range of reactions to juvenile delinquency is possible. There are educational measures, these are above all instructions. For example, the instruction to take an anti-aggression training course, to look for an apprenticeship position, to perform social lessons and the like comes into consideration. In addition, the court may impose breeding equipment. Breeding aids include caution, cushions and juvenile detention. And finally, the court can sentence to a juvenile sentence.

Without a defender, the youth and adolescents usually have to expect higher penalties. The defense lawyer tries in the run-up to the trial to stop the proceedings, or to initiate educational measures that mitigate the legal consequences at the end considerably.

legal guardian

As the guardian of a juvenile criminally accused / accused / defendant, you also have the right to assign a defense lawyer of your choice. You are also entitled to various other participation and attendance rights. It should be noted, however, that the client still remains the adolescent. The defense counsel is obliged to secrecy towards this.

In adolescents, the parents have no legal influence on the choice of the defender.

indictment

If you have received a bill of indictment, you are already in the intermediate process. At this point in time, you should appoint a defense lawyer to ensure that he or she is able to attend the file in due time to ensure the best possible defense.

remedy

If you want to appeal against a judgment, then you have to hurry. You have only one week from the delivery of the verdict time. So, hire a lawyer specializing in criminal law in a timely manner.