Answers about criminal proceedings

As a rule: the earlier, the better. Decisions are made as early as the investigation stage that significantly influence the further course. At the latest when a summons from the public prosecutor arrives, compulsory-measure proceedings loom or a house search has taken place, you should seek legal support. Early advice helps to avoid procedural errors and hasty statements.

Stay calm and clarify your role in advance – whether you are summoned as an accused person or as a person providing information. Your rights and obligations depend on this. It is advisable to seek legal advice before the interview, as the very first questioning sets an important course for the further proceedings.

As an accused person you have the right to refuse to make a statement and to cooperate; you must be informed of this right before the interview (cf. Art. 158 StPO). Whether and to what extent a statement makes sense depends on the specific facts and the stage of proceedings and should, where possible, be discussed with the defence beforehand. Witnesses, by contrast, are in principle under a duty to testify.

The fee is usually based on the time spent and the complexity of the mandate; billing by hourly rate is customary. In certain cases an official defence may be considered, and where financial means are lacking, legal aid can be applied for. In the initial consultation I give a transparent estimate of the expected effort and examine whether official or legal-aid representation is possible.

Mandatory defence is when the law compulsorily requires that an accused person be defended – for instance in serious allegations, in pre-trial detention of a certain duration or where the case is particularly serious. If such a case exists and you do not appoint a defence yourself, an official defence is assigned.

In a seizure, assets are provisionally secured, for example to preserve evidence or in view of later confiscation. You do not thereby lose ownership, but for the time being you cannot freely dispose of the assets. Legal remedies against a seizure exist; often at least a restriction or release can be achieved. A swift legal review is advisable.

Even someone who is not themselves accused can be affected by account freezes or seizures. As an affected third party you have your own procedural rights and can defend yourself against disproportionate or unjustified measures. It is important to examine the freezing order carefully and to respond within the deadline in order to obtain the release of the assets.

With a summary penalty order (Strafbefehl) the public prosecutor disposes of clearer cases without a court hearing; it becomes legally binding if no objection is filed within the deadline. If an indictment is brought, a court judges the case in ordinary proceedings. You should be sure to observe the objection deadline against a summary penalty order if you disagree with the outcome – after it expires, it can hardly be challenged.

In the initial consultation you describe your situation and the available documents to me. I give you a first legal assessment, explain possible next steps and discuss with you the procedure and the costs of any representation. Appointments take place by arrangement; for urgent matters I am reachable by phone.

Attorney–client privilege protects the communication between you and your lawyer regardless of the channel. However, note that unencrypted e-mails are technically not fully secure. For particularly sensitive information, contact by telephone or in person is therefore recommended.