Lawyers for criminal law in Regensburg
Our focus is on narcotics criminal law, capital criminal law, youth criminal law and criminal law.
You have received a letter from the police informing you that your questioning as an accused is necessary?
Keep in mind that as a defendant, you generally do not have to participate in your own criminal prosecution, which means you do not have to get involved at any time. This is one of the most important rights of an accused person.
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This is especially important because you do not know at this stage which offense you are accused of exactly or which statements which investigation results are already available to the law enforcement authorities and you are not at this point in the first instance on an equal footing with the authorities ,
The first objective in the context of criminal defense is the gathering of information, that is, the defender will as soon as possible to the law enforcement authorities as your defender and claim access to file. That's the only way to know if and what the prosecution has against you.
Upon access to the file, the defense counsel will discuss the facts and legal situation with you on a meeting date and decide whether to make an entry or whether the right of silence will continue to be exercised.
Please note that you can not contact a defender early enough. A defense attorney can play a key role in the investigation and, by contacting the prosecutor's office, may be able to terminate the proceedings or be adjudicated in a penalty investigation. The latter is especially in sensitive offenses, such as the possession of child pornographic writings often in the interest of the accused.
When is a house search permitted? Do you need to let the investigators into your house / apartment? What rights do you have in a house search?
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Often you will first learn that the search is against you. Such a house search is a not inconsiderable interference. For this very reason, it is important that you know your rights and contact a lawyer.
Unless there is a risk of default, due to the serious interference with the privacy of the accused, a judicial order is required. In that case, you should in any case have a copy of the search warrant displayed and handed over, especially as this decision often explicitly stipulates which items or documents should be searched for. Furthermore, you will learn by the court's decision what action is attributed to you.
Although house searches are carried out on a regular basis in the early hours of the morning and you will be considerably surprised, it is important that you keep calm and call a lawyer.
After receiving the search warrant and notifying you of what you are being charged with and what items or documents are being searched, you should cooperate in a lawful search warrant and not complicate the search. This will help you avoid another and possibly more significant search.
However, it is important that you have the right to have search warrants present, so you should contact a lawyer as soon as possible so that he is present during the search and has some equality of arms. Due to the unannounced visit, accused persons are often unable to maintain the necessary peace of mind, and it is not uncommon for the accused to make mistakes that can not be corrected afterwards.
For this reason, you should not get involved during the search warrant, but rather contact a defense lawyer.
What should you do if you get arrested? What rights do you have in an arrest? What is remand? Again, you should first keep calm and contact a lawyer. We are at your disposal at any time of the day.
Since an arrest is a deprivation of liberty and thus significantly affects the person concerned in his fundamental rights, such a measure is highly demanding. In particular, it requires an urgent suspicion and a reason for detention. Only if these conditions are met can the court issue an arrest warrant and arrest the person concerned, even though there has been no final conviction.
Please note that, even in this difficult situation, you should always exercise your right to refuse to testify and not get involved in the hope of a quick release. Often at this stage of the procedure, statements are made that can no longer be corrected afterwards. Rather, you should contact a defense attorney. Do not rely on investigators' assurances that you can "go home" after your admission.
Your defense lawyer will immediately contact the investigating authorities and the court to obtain the necessary information. In particular, he can avoid the execution of an arrest warrant by a skilful procedure.
However, if a warrant arrests you and you are remanded to custody, it is essential to have a lawyer by your side who will not only look after the matter legally, but also your family members.
Do not hesitate for a second and make use of your right to contact a defense lawyer at arrest.
Should the public prosecutor's office be convinced of your guilt and thus terminate the proceedings (due to lack of evidence or lack of criminal conduct), the prosecutor may request the issuance of a penalty order, which is then issued by the competent court, or bring charges and the opening apply for the main proceedings.
A penalty order is basically a simplified procedure, as it does not lead to a main hearing. Especially with sensitive offenses, the person concerned will often be interested in a simplified procedure, as this does not lead to a public trial.
Within two weeks of the delivery of the penalty order, you can appeal against it. On the one hand, you should not rush to accept the punitive order, on the other hand, you should bear in mind that it comes through the objection to a trial in the competent court and this in turn can have negative effects.
Contact a defense attorney. Only this person can inspect the files and then decide whether the objection to the penalty order is the right course of action. If the objection has already been lodged, it can be withdrawn at any time after viewing the files.
Note that after the preliminary investigation and before the main proceedings, there is still an intermediate procedure in which a defense counsel can avoid opening the main proceedings. In particular, if there are any legal or factual objections to the indictment, your defense counsel will notify the Tribunal and request that the main proceedings not be opened.
Should the court nevertheless open the main proceedings and thus set a date for trial, it is important to have a competent and reliable defense attorney with you who will develop the right strategy with you, especially as the defendant often enough already because of the tension and uncertainty is self-employed.
If you have further questions about the topic criminal law or if you are affected yourself, please contact us. Our lawyer Alexander Greithaner specializes in the field of criminal law and a passionate defense lawyer. This passion coupled with the necessary expertise is a prerequisite for our clients to be an essential support during a criminal proceedings and beyond to achieve the best possible result.