Getting criminal charges - what to do now?
Those who receive a communication from the police or prosecutor often think first of interrogation, trials or even detention. Exactly in this situation the question arises: get criminal charges what to do? The short answer is: stay calm, do not prematurely explain anything and have the case legally classified early. Especially the first reactions can significantly influence the further course.
Not every criminal charge leads to a charge. And not every police contact means that the allegations are justified. Nevertheless, the matter should be taken seriously from the outset. In criminal law, disadvantages often do not only arise in court, but already in the investigation procedure.
Criminal complaint - what to do first?
First of all, it is important to distinguish exactly what you have received. A criminal complaint is the communication of a suspicion to law enforcement authorities. For those affected, this usually only becomes visible when a subpoena, a hearing as an accused, a house search or other measures follow. So it is not only crucial that an advertisement is in the room, but also at what stage of the procedure you are.
Read each letter completely and pay attention to deadlines, the sender and your role in the process. If it says that you are being accused, you should treat the matter particularly carefully. Anyone who immediately calls the police out of nervousness or spontaneously makes a written statement in this situation often deteriorates his position unnecessarily.
The most important first step is therefore not to make a ill-considered statement. As the accused, you have Right to be silent. Exercising this right is not an admission of guilt, but a legally sensible protective measure.
Why Silence Is Often the Smartest First Reaction
Many people believe they can quickly clear up a misunderstanding themselves. This can be true in individual cases, but often the complete file content is missing. Without knowing what exactly was displayed, what evidence is available or what other people have already made, any submission is risky.
Once given information can hardly be taken back later. Contradictions between an early spontaneous statement and a later defense strategy regularly have an adverse effect. This applies even if the first statement was only made out of uncertainty or under pressure.
Silence does not mean inaction. It means first securing information and then making a controlled decision as to whether, when and in what form an admission makes sense. This is where the difference between an emotional response and a strategic defense emerges.
Do I have to appear for the police subpoena?
One Police Subpoena As a defendant, he is not obliged to appear. It may be different for a summons by the public prosecutor or the court. For this reason, too, every letter should be carefully examined.
Those who appear for a police interrogation without legal advice often expose themselves to unnecessary pressure. Even seemingly harmless entry questions can be used against you later. Whether a statement makes sense can be judged seriously usually only after insight into the investigation file.
Which errors are particularly common after a criminal complaint
The most common mistake is to prematurely contact the police or the other side. Many affected people want to eliminate the matter immediately and provide information that is difficult to correct later. In criminal proceedings, however, it is not a question of being particularly cooperative, but of effectively safeguarding one’s own rights.
Equally problematic are independent justifications by e-mail, messenger or social media. Such messages can be documented and used as evidence. This also applies to contact attempts with witnesses or the reporting person. What is meant as clarification can quickly be interpreted as influencing.
Another mistake is ignoring post. Not every writing requires a statement right away, but almost every writing requires attention. Deadlines, deadlines or coercive measures should never be taken lightly.
Restraint also makes sense in the private environment
Many accused speak out of stress with friends, colleagues or family members in detail about the accusation. This is humanly understandable, but legally not always wise. Statements disseminate, are reproduced in shortened form or enter the proceedings in detours. The more sensitive the accusation, the more important it is to handle information in a controlled manner.
What a criminal defense lawyer can clarify early
Early defense is not merely a formality. An experienced criminal lawyer first checks what you are specifically accused of, at what stage the procedure is and what risks are realistic. Only on this basis can it be judged whether silence, a written statement or another defensive step makes sense.
Access to files is particularly important. Without access to the file, the case is only known in sections. Only the investigative file reveals the suspicion on which the authorities are based, which witnesses were heard, which documents are available and whether procedural errors can be detected.
In addition, legal representation also protects communicatively. Communication with the police and the public prosecutor’s office is orderly via the defense. This relieves those affected and reduces the risk of unthinking statements. For international clients or persons with uncertainty in the German legal system, this is particularly valuable.
Get criminal charges what to do in case of search or seizure?
If the offense is already Home search, seizure of equipment or seizure of documents, the situation is particularly serious. At this moment it is all the more important: no spontaneous declarations, no discussion of the accusation and no voluntary extension of the measure.
Have the search warrant shown, if any, and, if possible, note which officers were on site and what was taken. Resistance does not help. On the other hand, calmness does. Here, too, you are entitled to secrecy.
Especially in the case of digital devices, business documents or allegations with professional consequences, it must be examined very carefully whether the measure was legal and how it should be responded to. Time plays a significant role.
It makes a difference what the accusation is about
Not every criminal complaint is the same. In the case of allegations such as personal injury, fraud, theft, threat, insult, violations under the narcotics criminal law or sexual offences, the evidence, procedural dynamics and defense approach differ in some cases clearly. For statement-versus-state constellations, different practical considerations apply than in cases with chat histories, video recordings or seized items.
Professional or personal consequences are also different. For some affected persons, in addition to the criminal proceedings, the workplace, a residence situation or their own reputation is at stake. Then it is not enough just to look at the core legal accusation. The defence must keep an eye on the overall consequences.
What you should do specifically now
If you as the accused learn of a criminal complaint, three points are particularly important: Keep calm, do not provide any information on the matter and have the procedure legally examined. This sounds simple, but in practice it is often the decisive difference between controlled defense and avoidable disadvantages.
Whether the accusation is tenable, whether the procedure can be discontinued or whether an active admission is useful depends on the individual case. Flat-rate answers rarely help in criminal law. It is crucial to set the right course early.
A law firm specializing in criminal law like MANWALT can start at this point: with a clear classification, consistent defense and a view of the entire procedure instead of just the first letter from the police.
Anyone who is confronted with a criminal charge does not need hasty explanations, but a cool head and a robust strategy. The sooner you exercise your rights in an orderly manner, the better room for manoeuvre can be used.
Häufig gestellte Fragen
Keep calm, do not rush to the matter and examine letters from the police or prosecutor carefully. Early legal advice can help avoid mistakes.
As an accused person, you are generally not obliged to provide information on the matter. Whether an opinion is useful should be decided only after examination of the investigative file.
In the case of a police subpoena as accused, there is in principle no obligation to appear. This can be different for a summons by public prosecutor or court.
Not every criminal charge leads to a charge. The public prosecutor’s office may discontinue proceedings if there is insufficient suspicion or if there are other legal requirements.
The right of secrecy is an important right of defence. In many cases, it makes sense not to provide any information on the matter first and to have the investigative file examined.
After a criminal complaint, the police and prosecutors conduct investigations. Depending on the evidence, the proceedings can be discontinued, a criminal order can be requested or charges can be filed.
Early advice from a criminal defence lawyer can be useful, especially if a subpoena, house search or other investigative measures have already been taken.
During a house search, those affected should remain calm, provide no information about the matter and seek legal assistance as early as possible.