If your partner, a relative, or a good friend is accused of a crime, the question quickly arises as to whether and to what extent you can help as a family member or friend.
Below, we answer some of the most common and important questions from close friends and relatives of a defendant. It is very common for family members to feel the urgent need to take action. This is entirely understandable, but keep in mind: impulsive actions can often do more harm than good! It is best to contact your friend’s lawyer first before planning any “actions”—an experienced criminal defense attorney can assess far better than you what efforts will actually be helpful, pointless, or even harmful.
Am I a Witness? Can I Testify? Will It Help?
Close relatives (parents, children, siblings, grandchildren, as well as uncles, aunts, and in-laws) and spouses, life partners, and fiancés have a legal right to refuse testimony (§ 52 StPO). This is to prevent the witness from being placed in a loyalty conflict.
For close friends or an unmarried partner, this option does not exist.
If the authorities do not summon the defendant’s close associates for testimony, anyone is free to come forward as a witness, which may be beneficial in certain cases. However, one thing is clear: if you testify as a witness, you must tell the truth! Well-intentioned “favor statements“, whether exaggerations or even lies, cause much more harm than good in practice! In the worst case, your accused friend could face severe consequences such as pretrial detention (for alleged witness tampering) or a much harsher sentence. The “helpful witness” can also face criminal consequences, including imprisonment. Additionally, once a statement has been given to the police, it cannot simply be erased.
In cases of doubt, it may be more sensible to consult the defendant’s attorney first. Contrary to widespread (but incorrect) belief, this is entirely allowed. The lawyer will typically be better able to assess whether your testimony would help your friend or not.
Can I Help a Family Member or Friend Find a Lawyer?
Of course, you can help a relative, friend, or acquaintance find the most suitable legal counsel. This is especially important in the case of pretrial detention (remand custody), where finding the right attorney is urgently recommended! Law enforcement authorities provide little to no assistance to the defendant in finding a lawyer—on the contrary: they often only provide outdated directories or recommend attorneys with whom the police or judiciary “prefer to work.” Judges rarely appoint attorneys known for being confrontational or particularly committed to their clients. While the police are legally obligated to provide general information on legal representation and inform the accused of legal aid services, in practice, investigators have no interest in recommending a strong defense lawyer to a defendant they already presume guilty.
Detained defendants are often left completely alone when choosing a lawyer. They are not allowed to search online for specialized attorneys or make preliminary phone calls for informed decision-making. This is where family and friends can and should assist—just as one would seek out a specialist doctor rather than a general practitioner.
Important to know: If the defendant is in pretrial detention, a relative, friend, or acquaintance can authorize a defense attorney to apply for a visit permit (“interview permit”) from the prosecutor’s office. However, this does not automatically authorize the lawyer to legally represent the defendant. The defendant always has the final say on whether to officially appoint the recommended lawyer as their defense counsel. However, this process at least allows the defendant a private and unsupervised discussion to make an informed choice rather than selecting a lawyer blindly from a phone directory. A specialized defense attorney will then take all necessary steps to secure a quick release from custody. (More information on detention appeals and custody hearings here)
Even if the defendant is not in custody, assisting in finding a good defense attorney can be highly beneficial. In almost all cases, the accused is blindsided by allegations that only the police are aware of at first. This element of surprise is often deliberately exploited, leaving the accused overwhelmed and unable to think clearly. Many defendants hastily hire the nearest available lawyer or a “family lawyer” with no criminal law expertise instead of seeking a specialist. In criminal law, however, expertise, specialization, and experience are crucial—similar to choosing a medical specialist over a general practitioner.
Unfortunately, innocent defendants often naively believe that everything will resolve itself. However, extreme caution is required in criminal proceedings! If the case relies on one person’s word against another’s or if the investigation file is unknown, matters can quickly turn unfavorable. Even if investigators have doubts, they are more likely to prosecute and let the court decide. Given the media impact and risk of a (preliminary) conviction, this can be disastrous for the defendant.
In summary, it is very wise to assist a relative, friend, or acquaintance in finding the right lawyer. Only by engaging an experienced defense attorney early on can mistakes in the investigation or defense strategy be avoided—mistakes that often cannot be corrected later.
What About Attorney Fees? Can I Help?
The lawyer authorized by the defendant does not necessarily have to be paid by them personally. In many cases, legal fees are covered by close family members or trusted friends because the defendant may not be financially capable of paying at the time. If a partner, child, friend, or other close person has difficulty covering the cost of legal representation, most attorneys are open to arranging partial or full payment agreements with a third party.
Our law firm is committed to utilizing all legal avenues in criminal proceedings and developing effective defense strategies that target weaknesses in the justice system.
Criminal law offers vast discretion in legal outcomes, ranging from case dismissals (with or without financial penalties) and written penalty orders to the decision not to proceed to trial, acquittals, warnings, reduced sentences, or prison terms from a few months to many years—with or without probation.
The outcome in criminal law depends largely on choosing the right lawyer.
As with choosing a doctor, trust in the best legal representation is the most important factor in hiring an attorney. You can contact us anytime for an initial consultation to assess our experience and expertise.
