Arrest, police summons, indictment, appeal?

So, first of all, look for a lawyer who specializes in criminal law. In most cases, these are specialist lawyers for criminal law. But what good is it for you if this specialist is also a specialist in tenancy law, labour law, family law and social law?

Even after almost 25 years of working exclusively as a criminal defence lawyer, I could not say that I have finished learning. That’s why I say: So much, you can’t do “well”. That’s why you don’t go to the lawyer with a criminal case who recently pushed through your divorce so nicely. Because it is about your freedom and in the case of a fine sometimes about a considerable sum.

If you are still looking for a good criminal defence lawyer, give me a call. Direct contact . My big advantage is my accessibility. What good is it to you if you only talk to the paralegal of the good criminal defence lawyer for 14 days, but do not receive an appointment. An ongoing criminal case can be enormously burdensome, the inexperienced client usually has many questions. These must be answered!

Therefore, the often-read objection that the silent lawyer in the main trial is no good, is not always correct. If – and my clients are – the client is informed beforehand, he knows that the good criminal defence lawyer will only intervene if things are going bad for him. If I am calm in a negotiation, it looks good.

Strategic skill and overview – thinking outside the box and anticipating the steps of the judiciary as a reaction – this is the work of a good criminal defence lawyer! Like a good chess player. But that’s why years of experience are so immensely important.

The application of legal norms is only a small part of the activity.

Years ago, I defended a repeated bank robber (the client has since died; the judges are off duty). He was arrested red-handed. After a few months of pre-trial detention, the trial was due. Despite the existence of the prerequisites for preventive detention, the court had not commissioned an expert opinion.

To explain: If preventive detention is ordered, an indefinite detention of the offender is ordered after the actual sentence by judgment solely on the basis of his dangerousness. It is regulated by law in §§ 66 et seq. of the Criminal Code.

Therefore, it was clear that we would go through the main negotiation quietly and quickly. Witnesses were not summoned on my initiative, the client has fully admitted the accusation as correct. I had said only one sentence until one minute before the closing of the evidence: namely a “Good morning”.

Then, … the remark of the assessors that the conditions for preventive detention would be met!

I think the presiding judge can still remember how upset I was, indignantly taking off my robe and throwing it on the table; talking about inhuman treatment and legality after almost 6 months of pre-trial detention one minute before the closing of the evidence to threaten preventive detention.

The chamber disappeared for half an hour for deliberation and the trial was closed. Of course, there was more punishment – but no preventive detention!

The client understood this, he was prepared.

The accused has the right to remain silent. At any stage of the criminal proceedings. As long as you have not hired a defence lawyer and he has been given access to the file, do not provide any information about the person or the matter on your own.

Defendants have already been convicted because you prematurely declared when the arrest warrant was issued: “I am the person named in the arrest warrant”.

There are also numerous convictions because the accused (who were previously known only through telecommunications surveillance) have raised their voices with the police or magistrates.

An accomplice of a client was convicted of asking the harmless question: “Is that your jeans?” answered in the affirmative. In the main hearing, a textile expert opinion was carried out to compare the pleat properties of his jeans with those on surveillance photos of a bank robbery. He was convicted.

As early as possible, i.e., if you expect criminal proceedings against you. Without having to be heard first, a search or even an arrest may be imminent.

At the latest, however, when you have received a hearing sheet from the police or even more so when an indictment has been served.

Unfortunately, no joke: All too often occurring situation that the accused is only incriminated by a witness does not automatically lead to the desired result: testimony against testimony with the consequence of acquittal for the accused.

But why not?

Answer: This is due to the court’s free assessment of evidence.

The criminal judge is free in his assessment of evidence, or as § 261 StPO formulates: The court decides on the result of the taking of evidence “according to its free conviction, drawn from the epitome of the trial.”

Only if the judge is not convinced of the testimony of the incriminating witness, then the situation of testimony against testimony arises and the accused must be acquitted.

In my experience, however, in 90% of all cases the judges have no doubt as to the veracity of the testimony of witnesses and condemn on the basis of these statements, unless the defence counsel can shake the testimony by questioning.

The accused can make use of the assistance of a defence lawyer at any stage of the proceedings and only the defence lawyer has the right to inspect the files – i.e. the collection of evidence that the judiciary believes it has against you in its hands. Without access to files, they face the judicial front without knowledge of the facts.

Only through knowledge of the files you and your defence lawyer are on an equal footing with the law enforcement authorities!

The defence lawyer is without exception exclusively in your interests and strictly bound to secrecy. In addition, as an organ of the administration of justice for the defence lawyer: “I never lie, but I do not have to say everything I know”.

As already mentioned above, the defence lawyer can work out the best strategy for you by knowing the contents of the file and reduce statements of witnesses to the truth.

He can advise you and support you. And achieve the best for you as a good lawyer. In pre-trial detention cases, representation by the drastic criterion of the “lack of freedom” of the accused is so enormously important that by law a public defender must also be assigned by the court.

If the defence lawyer now achieves for you that instead of a prison sentence a suspended sentence is sentenced, this means a benefit of lifetime for you. In what is the long-term relationship between an appropriate lawyer’s fee and the loss of salary during such a – sometimes long-term – prison stay?

Therefore, it is absolutely justified as a public defender with years of experience to demand a so-called “co-payment” in addition to the remuneration by the state.

Read more at: My Fee

To explain: The public defender – also the defence lawyer of your choice (!) – is the defence lawyer who is appointed by court order.

The court decides to the appointment the lawyer as public defender if you and the lawyer request this and the legal requirements for a mandatory defence come into consideration.
Advantage: First, the public defender can settle accounts with the state treasury.

Disadvantage: The public defender can no longer be easily replaced by another lawyer. In this case, the court must be involved in the resignation of the mandate!

If you don’t care, then the court will “force some lawyer on your eye”. This doesn’t have to be a bad lawyer; Whytake the risk if it only requires a brief contact with a defence lawyer? Therefore: Call now!

Another tip – In the case of arrests, attach importance to the formulation at the magistrate:

“May the lawyer be assigned to me only for today.”

In the arrest situation, a lawyer thus represents you. Then find a lawyer of your choice for the rest.