Effective defense is only possible when one is aware of the circumstances of the allegations.
Thus, it is crucial not to make any statements regarding allegations or accusations without knowing the status of the investigation—especially if you believe you have done nothing wrong!
Only detailed information about the charges and the reasons for the investigation allows for the preparation of a well-founded and targeted defense—the sooner, the better.
All results of criminal investigations are documented in the investigation file maintained by the prosecutor’s office. If charges are filed in court, the information in the file forms the sole basis for the court proceedings—any information outside the file is irrelevant unless formally introduced during the trial.
Who Has the Right to Access Case Files?
The right to full access to case files is granted only to the defense attorney. The accused themselves cannot and will not be given complete access—without a defense attorney, they may only receive excerpts of the file if deemed necessary by the court.
A defense attorney’s right to access case files includes all procedural records, interrogation transcripts, expert reports, video, image, and audio recordings, computer files, criminal records, as well as written notes and investigation reports. These are typically sent to or provided to the defense attorney’s office. The attorney may then make copies and share them with their client.
Before charges are filed or a penalty order is issued, the defense attorney must be given the opportunity to provide a statement on the investigation results. Otherwise, the fundamental right of the accused to be heard is violated.
Timing of Case File Access
From the moment an individual becomes aware of a criminal investigation, their defense attorney has the right to access case files. Prosecutors regularly grant access upon request from the attorney. Only if the prosecution believes that access could jeopardize the investigation may it be temporarily denied—but no longer than the completion of the investigation, meaning at most until the decision to file charges.
To ensure an effective defense, early access to the case file is essential. This allows for optimal preparation, a legal assessment of the allegations, and, in some cases, the ability to counter accusations through an early statement, including requesting witnesses, physical evidence, or expert opinions. In many cases, allegations can be weakened sufficiently in pretrial proceedings to result in case dismissal or an out-of-court resolution.
If the accused is in pretrial detention or the investigation is concluded, the defense attorney has an unrestricted right to access the case files. Any potential threat to the investigation no longer justifies limiting access.
Thus, access to case files must be granted in instances of pretrial detention, case dismissal, indictment, and before the main trial. Even during the court proceedings, renewed access must be granted if necessary at that stage.
After the case has been legally concluded, the defense attorney may request case file access for purposes such as filing an appeal, parole applications, early release requests, or clemency petitions.
Why Is (Early) Access to Case Files So Important?
Only through access to the case file can the defense attorney determine what exactly the accused is being charged with. The investigation file contains all police investigation records, and the prosecutor’s office is required to include all case-relevant information in the file. Maintaining “secret files” is illegal—thus, once the defense attorney has access to the complete case file, they possess the same information as the prosecutor and, later, the judge.
Being fully informed of the evidence and indications against the accused is essential for an effective defense. At this stage, the defense can initiate further investigations, such as identifying exculpatory witnesses, submitting evidence requests, or, in rare cases, conducting independent investigations.
In some cases, a (pre-approved) statement by the defendant can successfully influence the course of the investigation.
In many instances, a case can be dismissed through a comprehensive written statement by the attorney, preventing the need for charges or a penalty order.
If the alleged offense was committed and can be proven, an early and complete confession can lead to significant sentence reductions and cost savings.
On the other hand, it may be more prudent to initially remain silent—refraining from making any statements—since the burden of proof lies with the prosecution, and the defendant’s silence cannot be used against them. Once a statement is made, it cannot be retracted, whereas there is almost always an opportunity to speak later—typically, a confession made after charges are filed is not “less valuable” than one made during the investigation or at the police station.
The best defense strategy can only be determined after reviewing the case file and must always be tailored to the case details!
An experienced attorney will, after thoroughly examining the complete case file and consulting with the client, assess whether the available evidence is sufficient for charges or conviction, or whether an acquittal is likely. Prosecutors often make unfavorable decisions in “borderline cases“—particularly when dealing with unrepresented defendants—without thoroughly investigating all evidence or fully considering the legal complexities of the case.
Given the benefits of early case file access, it is advisable to hire a criminal defense attorney as soon as possible upon learning of an investigation. An experienced defense attorney will develop an individualized and effective defense strategy with their client. The attorney can also determine which parts of the often voluminous case file pose potential risks to the client and how to address them. Even seemingly simple cases can involve case files hundreds of pages long, with legal intricacies that are difficult for non-lawyers to understand. However, the client can often provide crucial background information about witnesses, locations, or incidents—details that can be highly valuable for the defense.
If the case file indicates upcoming or already ordered coercive measures against the client, the defense attorney will inform them accordingly—they are even legally obligated to share all case-relevant information learned from reviewing the files.
Our law firm is committed to exploiting all legal options in criminal proceedings and developing effective defense strategies that target weaknesses in the justice system.
No other area of law provides such broad discretion in legal outcomes, ranging from case dismissals (with or without financial penalties) and written penalty orders to the decision not to proceed with charges, acquittals, warnings, reduced sentences, or prison terms from a few months to many years—with or without probation.
The outcome of a criminal case depends significantly on choosing the right attorney.
As with selecting a doctor, trusting the best legal representation is the most crucial factor in hiring an attorney. Contact us anytime for an initial consultation to assess our experience and expertise
