Criminal Law

Do not make a statement

If you are charged with a criminal offense, you should not comment on the matter. You are only required to provide personal information. If you receive a summons (Vorladung) from the police you should ignore it. You have the right to remain silent and are under no obligation to go to the police.

 

Have a Criminal Lawyer examine your file

Contact a lawyer for criminal law respectively a Criminal Defense Attorney.  The Attorney will first apply for access to your criminal file. Only from the file you can certainly learn what you are specifically accused of and what evidence are available to the police. Often the file reveals that the police does not have sufficient evidence for a conviction or even a formal accusation.

In many cases, however, accused persons are misled into making a premature statement without any need, thereby producing the otherwise lacking evidence themselves. They enter a difficult situation where they often turn themselves over to experienced investigators without knowing what is really at stake and what information is available to the authorities. The police, however, will often know how to ask the questions to lead you onto thin ice. It goes without saying that it is better to make a statement only after looking at their hand.

 

Silence does not lead to a disadvantage

Remaining silent can not be used against you. Law enforcement agencies will therefore also not secretly assume that you are suspicious, as this behavior is absolutely common and any accused person, who is sufficiently informed, remains silent.

 

Information on Criminal Law in Germany

Law Enforcement in Germany

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Arrest and Remand Custody