7 Mistakes to Avoid After a Criminal Report
A criminal complaint can come unexpectedly: by subpoena, a police action, a letter from the prosecutor’s office or a request from the employer. The Seven errors after a criminal complaint Often do not begin with a false intention, but with the understandable desire to explain the matter immediately. However, it is precisely this impulse that can make your own defense more difficult.
A criminal complaint is not yet a conviction and is not even necessarily a reliable accusation. Police and prosecutors must investigate an initial suspicion. Whether the suspicion is confirmed, which evidence can be used and whether a proceeding is discontinued, is only decided in the further course. Those who act calmly now, know their rights and seek criminal advice at an early stage will create a much better starting point.
Seven errors after a criminal complaint
1. Without knowing the facts, testify
Many accused want to clear up misunderstandings immediately. You explain yourself on the phone, during a spontaneous questioning or in the appointment with the police. The problem: At this time, it is usually not known what the concrete accusation is, what statements are already available and what documents the investigating authorities have.
As an accused person, there is basically the right to remain silent. This right is not an admission of guilt. It protects against providing additional starting points for investigation through incomplete memories, inaccurate formulations or hasty classifications. A proper statement can be useful - but regularly only when the defense has received access to the file and examined the evidence.
2. Confusing a police subpoena with a duty
A subpoena of the police usually does not trigger any obligation for accused persons to appear there or to provide information on the matter. It may be different with a summons by public prosecutor or court. Also in the case of a police subpoena on behalf of the public prosecutor's office, it depends on the concrete form and content of the letter.
Anyone who simply ignores a subpoena without having it examined risks avoidable consequences. Those who go unprepared risk uncontrolled statements. The right way lies in between: secure document, observe deadlines and legally clarify whether and how to react. Personal data must be provided, if necessary, but a defendant does not have to comment on the matter itself.
3. Contact complainants, witnesses or co-accused
After an advertisement, it makes sense to seek a conversation: with the former partner, the business partner, a colleague or a person who comes into consideration as a witness. Even a well-intentioned message can be problematic later on. It can be understood as a pressure test, influence or an attempt to vote statements.
Especially risky are messages with demands to withdraw the ad, excuses, justifications or emotional accusations. In addition: A criminal complaint for many offences cannot simply be ended by a declaration of the reporting person. The public prosecutor’s office shall continue the proceedings independently, if there is sufficient reason.
Exceptions may arise, for example, in the case of legally assisted compensation or in the case of necessary communication in family and personal matters. Then the content, tone and time should be coordinated strategically in defense.
4. Delete and modify data, messages or objects
Chats, e-mails, photos, calendar dates or documents can be relieving, but also burdensome. Anyone who deletes content, resets devices or changes objects after knowledge of an investigation procedure often deteriorates their own position. The accusation of darkening is then at least obvious, and potentially relieving material can be irretrievably lost.
This does not mean that accused persons must actively support investigations or voluntarily provide full access to private data. But it means: do not rush to change anything. Secure existing information in its original context and discuss with a criminal defense which documents are relevant for clarification and how to deal with them legally correctly.
5. Uncontrolled participation in searches
A housing or company search is burdensome. In this situation, panic often leads to errors: Affected persons explain folder content, unlock devices without checking, call participants or sign documents they did not understand.
When searched, the Decision required and the measure is documented as calmly as possible. Those affected do not have to physically hinder the measure. However, they should also not provide any information on the matter and should not give consents whose scope they do not understand. A search log and a precise list of confiscated items are essential for later examination.
Whether a device is to be released, whether a Unlocking required whether seizures are lawful depends on the individual case. This is precisely why a criminal lawyer should be involved as early as possible. It may examine the legality of the measure, possible remedies and the handling of data seized.
6. Discuss the case on social media, in the company or in the private environment
A criminal case is not an issue for group chats, posts or public statements. Confidential communications may also be forwarded, stored or later used as evidence. Anyone who publishes a reply out of anger, names names or attacks the complainant may create new legal risks - for example, for insult, bad defamation or violation of personal rights.
There is another point in the employment relationship. Whether and to what extent an employer must be informed depends on the accusation, the position and the employment contractual obligations. Blank disclosure is not always necessary and can cause reputational damage. If there is a concrete reason for information, the communication should be short, factual and legally prepared.
7. Hiring a specialized criminal defense late
The seventh error after a criminal complaint is often the most consequential: Affected people wait until a Indictment, a penalty order or a search is carried out. The decisive course is often set in the investigation procedure. There, after inspection of the file, it can be checked whether the suspicion is viable, which investigations are missing, whether evidence is attackable and whether a statement is at all meaningful.
Early defence does not mean unnecessarily exacerbating the conflict. It means conducting the procedure in an orderly manner. Depending on the situation, a restrained defense with consistent silence may be right. In other cases, comprehensible documents, a precise statement or efforts to compensate for damages speak for an active approach. There is no general standard solution.
What helps immediately after knowledge of the advertisement
Keep all letters and record when and how you learned of the accusation. Stick to set deadlines without hastily responding to the content. Avoid discussions with possible witnesses, complainers and co-accused. Save documents unchanged instead of sorting, deleting or commenting on them.
After that, the focus will be on clarifying the defence strategy. A lawyer who specializes in criminal law can apply for access to the file, file the actual allegation and contact the police and the public prosecutor. For people who do not speak German as a first language, it is especially important to fully understand the content of each letter and explanation. Linguistic uncertainty must not lead to a thoughtless statement.
MANWALT accompanies accused persons in Bavaria and nationwide with a criminal defense aimed at individual cases. It is not crucial to say something as quickly as possible. The crucial thing is to do the right thing at the right time – based on the files, the evidence and a clear defense strategy.