Accusation – Criminal Investigation
Criminal Defense Lawyer Munich
Attorney for Criminal Law Munich

Take every accusation seriously from the start – no matter how banal, absurd, wrong or insignificant it seems!

TOP

Very often, criminal accusations are not taken seriously or are only taken seriously much too late, either because the act in question was not perceived as misconduct, it appears to be a trivial matter or is even completely made up.

But even if the allegations are true, it is important to seek professional advice/assistance at an early stage. The course and outcome of criminal proceedings are almost always uncertain!

This is partly because in criminal proceedings the investigative authorities bear the burden of proof and, particularly in criminal law, there are often considerable difficulties in obtaining evidence. On the other hand, no other area of ​​law has such considerable discretion as in criminal law, if you just consider the broad legal consequences: from the discontinuance of proceedings with or without a fine to prison sentences of a few months or even many years (with or without probation).

Conversely, having the law “on your side” unfortunately does not mean that you will get your rights at the same time – this is unfortunately nothing new, but it is all the more true in criminal law! This is because criminal proceedings are subject to a largely free assessment of evidence, i.e. in cases of doubt the purely subjective conviction of a public prosecutor or judge is decisive, without there being any fixed rules of evidence for this. Accordingly, it is all the more important that all evidence gathering options that are favorable to the accused are exhausted.

What to do in the event of a criminal charge?

TOP

1. DO NOT PROVIDE ANY INFORMATION

Given that the outcome of criminal proceedings is usually uncertain, the iron rule applies: Do not make any statements! This is completely independent of guilt or innocence and of whether the allegations are correct, half-correct or completely false. The most dangerous “witness for the prosecution” is the accused himself!

Because an effective defense is only possible if you know the circumstances against you. That is why it is fatal to comment on any accusations or allegations without knowing the status of the investigation, even and especially if you are not aware of any wrongdoing.

Only precise information about the allegations for which you are being investigated or criminal proceedings are initiated enables you to prepare an appropriate and targeted defense – the sooner the better.

Conversely, the investigative authorities do not shy away from using borderline methods to obtain information, precisely because of the often difficult evidence situation in criminal law (70% of all proceedings are based on mere witness statements), in order to obtain usable “information” from the accused, despite the fundamental right not to incriminate oneself and therefore not to have to testify.

In most cases, the person affected is confronted with accusations out of the blue in order to deliberately exploit a certain element of surprise and surprise. It is not uncommon for the accused to be visited in the early hours of the morning or even (provisionally) arrested or house searches carried out. Visiting the accused directly at his workplace or at home is also a common “trick”, knowing that the person affected will do and say pretty much anything just to get out of the tricky situation as quickly and as unscathed as possible.

Many accused then speak out simply because they are overwhelmed by the situation or resort to borderline “arguments” along the lines of “If you are innocent, you can talk to us” etc.

Especially at the beginning of the investigation, one must not forget that when the person concerned is first confronted with a criminal accusation, he or she does not yet know what exactly he or she is accused of, what level of knowledge the investigating authorities have, what real or alleged evidence is available, what any witnesses have said and what the consequences will ultimately be.

Particularly dangerous: The police are obliged to record all findings and pass them on to the public prosecutor, even if this knowledge developed from apparently pleasant “small talk”. This is actually a very popular strategy, because with such “spontaneous statements” outside of a formal interrogation, the accused does not even have to be instructed – after all, he or she is talking to the officers “voluntarily”, according to the logic of the justice system.

But even seemingly harmless statements in formal interrogations can be very dangerous: Unfortunately, statements in criminal proceedings are often not recorded verbatim, but rather written down as a “content record” of what the officer supposedly understood – or wanted to understand. In this way, important exculpatory information and details can disappear from the interrogation transcript – even if only because, from the police officer’s point of view, seemingly “unimportant” details are omitted, which could prove to be decisive exculpatory elements with more precise knowledge of the facts, evidence and legal situation.

In addition, the police can (and will!) record supposedly suspicious, but ultimately purely subjective observations and “impressions” about the accused outside of the interrogation transcript in a so-called “impression note” – which rarely works in the accused’s favor, since the interrogators have usually already decided on him as the alleged perpetrator. Unfortunately, the motto often applies here: If it doesn’t fit, make it fit. Nervousness is regularly described as “suspicious”, although of course even and especially a person who has been wrongly accused will react with surprise and nervousness to unexpected criminal accusations. On the other hand, if one remains calm, this is of course also highly suspicious – the accused then simply does not seem surprised enough at all in view of the accusations made against him, which of course also speaks for his guilt.

If you are accused of a crime – whether by the police, public prosecutor, employer or in your private life – you should avoid any personal / direct contact with the investigating officers. It is also important not to speak to any third party (friends, acquaintances, etc.) about the matter, as all of these people are basically considered witnesses (from hearsay) and can or even must report on the conversation with the person concerned. You should definitely not try to contact the alleged victim, as in the worst case scenario this could even lead to immediate arrest and pre-trial detention (due to the risk of obscuration)!

2. CONTACT A LAWYER

It is best to contact a specialist lawyer immediately after you learn of police investigations – but definitely before you speak to the police or other authorities!
The lawyer can cancel a police interrogation appointment for the accused and first find out what specific allegations are being made and what evidence is available – usually by examining the files at the public prosecutor’s office or the relevant court.

After reviewing the files, the lawyer discusses the contents of the files and all possible incriminating and exculpatory aspects from a factual and legal perspective in detail with the client. In this context, in criminal proceedings, you also have the opportunity to have your lawyer comment specifically on the allegations, request further evidence and present any contradictions, deficiencies in the investigation, new facts or corrections, with the usual aim of obtaining a discontinuation of the proceedings or a favorable outcome (e.g. a penalty order without a public court hearing).

Important: In criminal proceedings, as a person affected, you have the right to consult a lawyer of your choice at any time. The accused must not suffer any disadvantages or be threatened with any disadvantages as a result of this!

For the accused, the investigating officers (police, public prosecutor) are not friends – no matter how friendly they may be. Often, attempts are made to prevent the accused from hiring a lawyer with sayings such as “You don’t need a lawyer – if you confess now, nothing bad will happen – if you have nothing to hide, you can talk to us” etc. In the end, it is the public prosecutor, not the police, who decides whether charges are brought – and a sentence is ultimately determined by a court that was not even involved in the criminal investigation. So even if they want to, police officers cannot make any promises regarding a lenient sentence or something similar. Only the court, public prosecutor and defense can make agreements!

The hackneyed phrase “I won’t say anything without my lawyer” should therefore be heeded under all circumstances!

Anyone accused of a crime faces not only (criminal) legal consequences but also serious extrajudicial consequences (public exposure, entry in the criminal record, travel bans to other countries such as the USA, loss of job, etc.).
It is therefore all the more important to use all legal means to prevent, avert or at least mitigate impending disadvantages, legal measures and court decisions in advance – regardless of guilt or innocence or the question of proof.

In hardly any other area of ​​law is it so important to choose the right experienced and competent legal counsel, who must have not only specialist knowledge but also a high level of expertise in the areas of (statement) psychology, forensic IT and (legal) medicine.

As specialized lawyers and specialist lawyers for criminal law, we advocate for the rights of our clients from the very beginning of criminal proceedings, always with the primary goal of having any charges dropped, dismissed or the client acquitted.

We have made it our mission not to subordinate ourselves to state action under any circumstances, but to fight, if necessary with all criminal procedural means available.