Court Hearing
Court Hearing
Criminal Defense Lawyer Munich
Attorney for Criminal Law Munich
Court hearing
The outcome of every criminal trial is still open!
Every criminal trial is initially based on a one-sided prognosis decision by the public prosecutor’s office with a purely preliminary assessment of the case. That’s why everything is open despite the charges!
However, this also means that the defense attorney must always fight for the best result: whether it’s an acquittal, dismissal of the case or an appropriate sentence, taking into account all possible (procedural) disadvantages.
The right strategy and tactics are crucial!
The right defense tactics and strategy depend first of all on the composition of the court:
If the trial takes place before the criminal judge or the lay judge court, in the event of a negative outcome (with the so-called An appeal is a fully-fledged additional legal remedy to fight against this decision. Since procedural errors by the court in the appeal instance are of no practical relevance and completely “new” evidence can also be presented there, the defense strategy can also be adjusted accordingly. Proceedings before the district court are generally less formal than district court proceedings, and the judgments are therefore often based on more “pragmatic” considerations or simply the court’s “sense of justice” – which can be both to the advantage and to the disadvantage of the client. If the facts and evidence are uncertain, the proceedings are terminated much more often than before the district court through so-called “opportunity dismissals” in order to shorten the hearing and quickly create legal peace. However, it would be a mistake not to take the proceedings before the district court very seriously despite everything: mistakes or successes of the defense in the first instance can have a decisive influence on the chances in the further appeal process!
If, however, the case is heard before the criminal division of the regional court, the person concerned has no second chance to have the facts wrongly assessed by this court or even new evidence examined in full by a higher court. Unlike in the district court, all possible evidence in favor of the defendant must be exhausted, and an adequate and skillful handling of procedural errors by the court can be of crucial importance. With a conviction rate of over 80%, it is therefore all the more essential to choose the right defense right from the start!
In addition, detention cases (pre-trial detention) and cases heard before the regional court require a wide range of qualifications that are not limited to specific knowledge of particular substantive areas of criminal law (economic criminal law, sexual criminal law, tax criminal law, etc.). Very often, additional expertise is required, for example when – with a view to the appeal – it is a matter of obtaining a second chance for further legal remedies in the event of a negative outcome of the proceedings, of questioning witnesses in a professional manner, of convincing the court by offering targeted evidence or of countering a conflictual negotiation.
Procedural agreement
“Deal” for a lenient sentence
If you want to avoid an entry in your criminal record, the stress of a public court case or even a prison sentence, an early agreement (deal) with the public prosecutor and the court may be preferable – especially with a view to a lenient sentence or the possibility of probation.
The core of a successful sentencing defense is usually a confession prepared together with your own lawyer after discussing the file (which can also be read out by the defense attorney). On the one hand, this leads to a conviction, but on the other hand, a very significant reduction in sentence can also be expected. An offender-victim settlement negotiated by the defense, as well as other forms of compensation for damages or assistance with clarification (particularly in economic and drug cases) can have an even greater impact in the defendant’s favor.
In addition, a long court case, which is usually very stressful for the defendant, can be significantly shortened. In appropriate cases, the defense attorney can even agree with the public prosecutor on a written penal order instead of public indictment or, by agreement with the court, avoid incriminating evidence gathering (in particular witness interviews of victims, relatives, friends, neighbors or work colleagues).
Acquittal / Dismissal Exhausting all means
If, on the other hand, the aim is complete rehabilitation (discontinuation of proceedings / acquittal / other punishment) or if the fronts are hardened with the court and / or public prosecutor, every opportunity must be used to seek constructive legal conflict and to fight for the client’s rights with all available criminal procedural means – if necessary, confrontationally.
The defense attorney must contradict incorrect orders and decisions by the star prosecution authorities with courage and assertiveness and, if necessary, force complex evidence gathering by making appropriate applications. This is of course particularly true in complex proceedings before the regional court.
A completely different result can be achieved in particular if the facts relevant to the evidence are not clear, the circumstantial evidence is weak, physical evidence is lacking or witnesses give contradictory information. This of course also applies to contentious legal issues. Here, a targeted mixture of necessary toughness and clever diplomacy is particularly important and promising!
Every negligence on the part of the lawyer is serious!
In appropriate cases, a confession-based defense, including an agreement in criminal proceedings (so-called deal), can be the best and safest option. But even in this constellation, the strategy must always be geared towards an active or even confrontational criminal defense if the public prosecutor or the court assess the facts and evidence to the detriment of the client and evade reasonable arguments through inappropriate or simply unlawful demonstrations of legal power. In such cases, the defense must not avoid the legal conflict, but must work with full commitment to a fair trial: if the crime(s) cannot be proven with the certainty required for a conviction, if problematic legal questions exist, or if there are other diverse reasons that suggest that a better result can be achieved for the client than would be possible within the framework of the deal proposed by the public prosecutor or the court.
Our law firm understands the fundamental task of a good lawyer to be to give the client effective access to the law and to protect him from wrong judicial decisions! Where necessary, a good lawyer must seek out and endure constructive, legal conflict. The main task of the criminal defense lawyer cannot therefore be to embrace the court and the public prosecutor and to see the verdict agreement (deals) as his actual domain. After all, there are conflicting interests between a prosecutor’s indictment aimed at conviction and a defense attorney who is seeking an acquittal or a significantly lesser sentence.
In criminal law in particular, the outcome is almost always open, especially when relevant facts are not clear, physical evidence is missing, or witnesses provide contradictory information. From a legal point of view, too, legal problems can often arise which could ultimately lead to a completely different result. It should not be overlooked that in most cases the public prosecutor’s office has left its investigations largely or even entirely to the police. There is then regularly a lack of both an assessment and an expert opinion and, in particular, a confrontational questioning of the prosecution witnesses, particularly by an experienced lawyer with the aim of obtaining exculpatory evidence. Motions for evidence or other investigative approaches – initiated by the lawyer – are also only possible or effective to a limited extent during the investigation, so that aspects that are decisive for the case often only emerge during the court’s taking of evidence.
However, if you want to successfully overturn the public prosecutor’s charges in court, this often requires a rigorous implementation of the client’s legal position! Incorrect orders from a court cannot then simply be accepted without objection; judges must then be rejected on the grounds of bias or extensive evidence must be requested in ongoing proceedings. Unfortunately, many lawyers shy away from this open conflict, or are simply not up to it. This is all the more true when experience and specialisation in the respective field are lacking, for example when it comes to specialised areas of criminal law or when experienced trial lawyers are required.
Of course, after a comprehensive case-by-case analysis, it may also make sense to shorten lengthy criminal proceedings by means of a procedural agreement (deal) or to reduce the sentence by confessing to cooperating with the law enforcement authorities. But this cannot and must not be the norm if one does not want to give up one’s right to a fair, objective and legal process.
If you don’t fight, you’ve already lost!
Our law firm has therefore made it its mission not to submit to the will of the court, but to fight when this is necessary – with all the criminal procedural means available for this purpose, which we know how to implement in a confrontational and conflictual manner if necessary. Whether it is forceful questioning of witnesses (keyword: “cross-examination”), the recognition and immediate reprimand of formal and legal errors, the submission of complex applications for evidence or the enforcement of the client’s procedural rights – always from the perspective of possible legal remedies!
Our defense team consists of highly qualified specialists whose strategy is tailored precisely to your case, true to the motto: The best lawyer in criminal law is the one who achieves the best result for the client in court!
