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The phrase silence is golden can be found on the websites of many a renowned defence lawyer. And for the most part, it holds true: you should not give a statement to the police or a public prosecutor in response to any criminal accusation without first consulting a defence lawyer.
In this context, it is vital that everyone is aware of their right to remain silent, as legally codified in the German Code of Criminal Procedure (Strafprozessordnung – StPO).
Anyone accused of having committed a crime may refuse to give a statement on the alleged offence to the police or a public prosecutor (privilege to refuse to give evidence). This applies not only to individuals accused of having committed a crime but also to anyone who is closely related to the defendant in question (fiancée, spouse, etc.) – as also provided for in the StPO (privilege of a witness to decline to answer questions).
Nevertheless, choosing to remain silent during criminal proceedings is not always the smartest option. Having a conclusive, well-thought-out defence strategy is much more likely to be successful. This might also include a statement of the alleged offence. A key consideration here is that the earlier a defence can be prepared, the better the chances of coming out of the criminal proceedings either without punishment or with as minor a punishment as possible.
It is advisable to contact a defence lawyer at the very latest upon receiving the pre-hearing questionnaire (Anhörungsbogen) or upon being served a fixed penalty order. The same goes in the case of provisional detention or a search, where a defence lawyer should be contacted immediately. It is even recommended that you contact a lawyer during a search or as soon as you have been arrested.
We have drawn up a list of key pointers on how best to act during a search.
Contact a defence lawyer as soon as possible if you are charged with a criminal offence. Seeking immediate advice from a defence lawyer secures your rights as a defendant in the preliminary investigation proceedings. Besides this, being able to rely on the support of a defence lawyer ensures that formal provisions (e.g. statutory deadlines) will be observed.
As criminal defence is largely a matter of trust, we would recommend that you speak to a lawyer in person before engaging their services. Only in urgent cases should an initial consultation be carried out over the phone.
Do you need a defence lawyer at short notice?
Make an appointment or contact us at 030 120 87 111
No costs will be incurred for the initial consultation. Further information on fees can be found here.
In terms of your defence, the initial consultation will first allow us to get to know one another – which is vital in this kind of situation. This meeting usually goes as follows:
Criminal law is an extremely extensive legal field covering aspects such as criminal law for medical practitioners, white-collar crime and environmental offences in addition to general criminal offences. To ensure that we represent our clients as well as possible, we have focused our expertise on the following areas of criminal defence. We are active before the courts of all instances here.
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