What happens after a subpoena at the police?
Anyone who receives a summons from the police often immediately faces the Question: What happens after a subpoena with the police? The answer depends on why you are being investigated against what evidence and how they respond to the subpoena.
First of all, it is important that A subpoena does not automatically mean: that there is later a charge or conviction. Many Investigative procedures are discontinued at an early stage.
What happened after a subpoena?
After summoning, police and Prosecutor's office the existing evidence. These include: other statements of witnesses, documents, chat histories, photos or other investigative documents.
Depending on the outcome of the investigation, different Procedural outcomes:
- Termination of the procedure
- Further investigations
- Criminal order
- Indictment in court
- Acquittal following legal proceedings
What is likely to happen, can often only be judged after insight into the investigation file.
Is the procedure closed after the subpoena?
In many cases, it ends Investigation without charge. The public prosecutor may Cessation of proceedings if there is insufficient suspicion or prosecution is not necessary.
Especially with first-time accusations or weak evidence is often considered an attitude.
You can find out more about this in our article on statement behavior at a police subpoena.
Can further investigations follow after the summons?
Yes. The subpoena is often only part of investigation procedure.
After hearing, for example:
- Other witnesses are questioned.
- Documents are evaluated
- digital data is examined
- Experts shall be engaged:
So no one should assume that the procedure is completed immediately after the date.
When Is there a penalty order?
If the public prosecutor's office is accused considers sufficient evidence and no trial for If necessary, it may request a penalty order.
A penal order may include fines and, in certain cases, further Legal consequences.
Important: Short deadlines apply against a criminal order. Read: also our contribution objection to penal order – deadline and Procedure.
When Is there a charge?
An indictment is considered if the Prosecutors accept a sufficient suspicion and a considers the trial necessary.
However, that does not mean condemnation. of guilt or Innocence is decided by the court.
Should I speak to the police after the subpoena?
Many affected people want the facts Explain immediately. However, without knowledge of the investigative file, this can There are significant risks involved.
Therefore, access to the file is often requested first. First it can be assessed whether an opinion is useful Or whether the right of secrecy should be exercised.
Further information can be found in our article on Right to refuse to testify in criminal proceedings.
When Should I Hire a Criminal Lawyer?
The sooner a defender is involved The better we can avoid mistakes. This shall apply: in particular:
- Fraud allegations
- Physical injury
- Narcotics offences
- Home searches
- Digital criminal charges
Read also our contribution Criminal lawyers in the investigation procedure.
Conclusion
What happens after a subpoena at the police What happens, cannot be answered in general terms. It is possible that: further investigation, a cessation of proceedings, an Punishment order or charge. The decisive factor is the individual evidence.
Who has received a subpoena should not hastily provide information and first check which information The investigating authorities actually exist.
Häufig gestellte Fragen
After a subpoena, the proceedings can be discontinued, further investigations can be made, a criminal order can be issued or charges can be brought.
No. Many investigations are already closed before an indictment.
Yes. If there is insufficient suspicion or other conditions, the public prosecutor's office can stop the proceedings.
A criminal order can be issued if the public prosecutor’s office considers the accusation to be sufficiently substantiated and no trial seems necessary.
Before making a statement, it should be examined what information is already contained in the investigation file. Often, access to files is requested first.