Those who unexpectedly receive an indictment letter may not even recall the matter or may have mentally dismissed it: Although a police summons was typically received months earlier, it may have been ignored or statements may have been made in the hope that the issue would resolve itself.
It is not unusual for a significant amount of time to pass between the initial allegations and a formal indictment. However, receiving an indictment means that the investigation has not resulted in a favorable outcome for the accused: An indictment is typically filed only when the prosecutor is sufficiently convinced of a conviction and considers the offense serious enough that it cannot be addressed with milder measures such as case dismissal (e.g., in exchange for a fine) or a written penalty order.
However, receiving an indictment does not mean it is too late to turn things around. In cases involving minor to moderate crimes, investigations are often conducted superficially due to judicial workload, failing to sufficiently examine whether the alleged act is truly provable, whether all evidence has been fully evaluated, or whether the offense is legally punishable. Missing evidence or contradictory witness statements are often overlooked.
Frequently, the case involves divergent factual or legal issues that can be leveraged in an effective defense strategy. Experienced defense attorneys understand that prosecutors often opt for indictment in cases involving unrepresented defendants, leaving complex legal or evidentiary issues to be resolved by the judge. Prosecutors do not operate under the principle of “in dubio pro reo“—in doubt, for the accused—and are allowed to proceed with an indictment even when the case is legally or factually uncertain.
From a procedural standpoint, legal problems frequently arise that can significantly impact the outcome, such as evidence being deemed inadmissible due to improper police questioning or searches. Additionally, if a key witness invoked their right to remain silent in court, the prosecution’s case may weaken significantly.
Moreover, if the accused has not yet given a statement to law enforcement, their testimony may provide an entirely different interpretation of the events, particularly concerning intent, which is a requirement for many criminal offenses.
Prosecutors are not infallible—some indictments are based on misinterpretations of facts or incorrect legal assessments.
This explains why, despite the prosecutor’s confidence in a conviction, about 20% of all indictments do not result in convictions, instead leading to dismissals or acquittals. Courts often provide the accused with an opportunity to respond to the indictment and request exonerating evidence before deciding whether to proceed with a trial.
Even after an indictment has been issued, there are multiple options to avoid a public trial, including situations where the prosecutor withdraws the indictment or the court refuses to proceed with the case.
End of the Investigation Phase
A criminal investigation concludes either with an indictment or a request for a penalty order, or alternatively, with the case being dismissed due to insufficient evidence, lack of public interest, or minor culpability.
Receiving an indictment letter means that the prosecutor considers the investigation complete and believes there is enough evidence to convict the accused in court.
In many cases, the investigation has largely been handled by the police, who may lack expertise in specific areas. Expert opinions may not have been obtained, witness testimonies may not have been thoroughly challenged, and police interrogation records often misrepresent what was actually said.
Thus, an indictment is ultimately a prosecutorial prediction about how the case may proceed in court—it does not mean the investigation was thorough or that a conviction is inevitable. 20% of indictments do not result in convictions, and in many cases, charges are reduced during trial (e.g., aggravated assault being reduced to simple assault).
Receiving an indictment also means that the prosecutor did not consider alternative resolutions such as case dismissal or a penalty order, signaling that they are pursuing a formal trial.
Consequences of an Indictment
Receiving an indictment typically means that the prosecutor believes the offense is serious enough that a fine or suspended sentence would be inadequate. In some cases, even with a full confession, the prosecution may still seek a prison sentence—either with or without probation.
A close examination of the indictment letter can provide insight into the potential sentence. The type of court handling the case is particularly important:
– If the case is before a district court judge, a sentence of up to two years is expected.
– If it is before a district court panel (Schöffengericht), a sentence of two to four years is anticipated.
– If the indictment is filed with a higher regional court, the expected sentence is typically over four years and could be as high as fifteen years.
How to Respond to an Indictment?
Upon receiving an indictment, one should immediately seek legal representation from a specialized criminal defense attorney, particularly one experienced in the relevant area (e.g., white-collar crime, sexual offenses, drug offenses, or appeals).
Immediate action is crucial, as the deadline for responding to an indictment and requesting exculpatory evidence is often just one to two weeks.
If the court requests the appointment of a public defender, this indicates that a significant sentence is expected. However, defendants are free to choose their own defense lawyer, and switching lawyers is possible at any stage of the process.
A defense attorney can immediately request access to the full investigation file, which is crucial for crafting an effective defense.
Contact a Lawyer Immediately
Our firm specializes in using all available legal options in criminal proceedings to build effective defense strategies that target weaknesses in the justice system.
Given the potential consequences, hiring the right lawyer is essential.
