Criminal proceedings are usually a great burden for those affected: a summons for questioning or even a sudden visit from the police, the uncertainty about what will happen next, and the fear of potential criminal consequences such as a criminal record, fines, or even imprisonment.
In criminal law, ANYONE CAN BE AFFECTED, as there is hardly any area of life in Germany that is not subject to some form of criminal sanction, from negligent traffic accidents to forgotten tax declarations or alcohol-related “mistakes.”
Anyone who comes under the scrutiny of criminal investigations should definitely seek legal advice. No other area of law allows for such broad discretion in the further course of criminal proceedings, given the wide range of possible legal consequences: from case dismissal with or without financial conditions, to the written penalty order procedure, to acquittal, waiver of punishment, warning, or imprisonment ranging from a few months to many years—with or without probation.
Additionally, many evidentiary challenges exist because the burden of proof lies entirely with the investigative authorities: The accused is not required to contribute to their own conviction, and the court must acquit the defendant if there is reasonable doubt.
Moreover, it must be proven what the accused was thinking and knew at the time of the alleged offense, as most crimes can only be committed intentionally (i.e., knowingly and willfully).
In other words: The police and prosecutors often rely heavily on the accused’s statement to make a conclusive criminal assessment. Depending on the stage of the investigation, a suspect might provide a seemingly harmless statement that prosecutors later use as a crucial “piece of the puzzle” leading to their conviction—potentially making an inadvertent confession without even realizing it!
For this reason alone, the police and prosecution are not the right parties for the accused to seek an assessment of the risks of an ongoing criminal case. Instead, only a thorough legal consultation can determine whether it makes sense to make a statement to the authorities.
Despite this, many people avoid seeking legal counsel—either because they do not take the allegations seriously or simply do not understand the potential consequences of a criminal case: inclusion in the Federal Central Register and criminal records, notifications from the prosecutor’s office to other authorities leading to additional proceedings, disciplinary actions for civil servants, etc.
Unfortunately, many suspects trust their ability to “handle it themselves” at the beginning of a criminal investigation—with disastrous consequences: A statement once made cannot be removed from the investigation file, and a seemingly clever “white lie” may later become the decisive factor in an unfavorable case outcome—even if the person is actually innocent.
Some even naively trust in the justice system’s fairness, assuming that things will work themselves out or that the case will be dismissed without issue.
Others simply give up under the pressure of criminal proceedings, accepting the charges against them and the associated consequences without thoroughly evaluating their legal rights and options.
Given the wide discretionary scope and often uncertain outcomes in criminal law, seeking legal counsel is essential. Most importantly, one should never make any statements to the police or other authorities without consulting a specialized defense attorney. As mentioned earlier, the legal culpability of most offenses depends on the accused’s subjective knowledge (so-called intent), i.e., what they thought or wanted at the time of the alleged crime.
Beyond the significant evidentiary challenges in criminal law, even if the evidence is substantial, there are numerous options to resolve a criminal case without trial (dismissal, dismissal with a financial condition, penalty order, non-initiation of proceedings, referral to private prosecution, etc.), which can only be effectively pursued with specialized legal counsel.
A lawyer is also the only one who knows the typical weaknesses of the justice system (procedural hurdles, substantive legal issues, case backlog, etc.) and can leverage these to the client’s advantage.
Furthermore, so-called deals, or negotiation discussions with prosecutors regarding a “mutually agreed” resolution of the case, can only be conducted among legal professionals (prosecutor, defense attorney, and possibly judge). Experience shows that the willingness to negotiate is particularly high due to the chronic workload of the judicial system.
Even if a criminal case has not yet been initiated because the authorities have not yet been involved or are unaware of the allegations, it is advisable to consult a specialized lawyer if a crime is in question. This allows for early clarification of whether criminal investigations are imminent and, if so, what consequences to expect, possibly avoiding or mitigating them.
Before hiring a lawyer, it is highly recommended to find one who specializes in the relevant area of criminal law and first seek an initial consultation. As shown above, no other legal field has as many different consequences and procedural outcomes as criminal law.
Because criminal proceedings provide such a wide range of possible scenarios and significant discretion, competence and experience of the lawyer are essential—similar to a doctor. In criminal law, success depends on choosing the right lawyer.
During the initial consultation, the client can personally meet the lawyer, ask critical questions, and assess their competence and experience.
Our law firm is dedicated to utilizing all legal options in criminal proceedings and developing effective defense strategies that specifically target the typical weaknesses of the justice system.
No other area of law offers as much discretion, considering the wide range of legal consequences in criminal proceedings: from case dismissal (with or without financial conditions), to the written penalty order procedure, to non-initiation of proceedings, acquittal, warning, waiver of punishment, or prison sentences ranging from a few months to many years—with or without probation.
The outcome in criminal law heavily depends on the choice of the right lawyer.
Since—just like a doctor—trust in the best possible hands is the most important factor in hiring a lawyer, you can contact us at any time to gain a personal impression of our experience and expertise.
