Ob Acquittal, Case Dismissal or an appropriate sentence – the best results require unwavering commitment to the legal position of the client.
For in criminal proceedings, there is no victory through surrender! The fundamental duty of a criminal defense attorney is to ensure their client has access to justice and is protected from judicial errors. In criminal law, the outcome is uncertain, especially when crucial facts are ambiguous, physical evidence is missing, or witnesses give contradictory statements. Legal issues can also arise, potentially leading to a completely different result. A defense attorney must therefore have the courage and determination to not accept wrongful court decisions without contest, to compel complex evidence gathering even against the court’s will, and to challenge biased judges on grounds of impartiality. In short, the lawyer must use all procedural and legal means to achieve the best possible outcome in court!
Although this should be entirely self-evident, many lawyers avoid such a “confrontational” approach. The usual justification is that maintaining a positive atmosphere in the courtroom can lead to better results—which is sometimes true: Of course, after thoroughly analyzing the case, it may be reasonable to shorten lengthy proceedings through a plea bargain (so-called deal) or, in obvious cases, to reduce the sentence through a cooperative confession with the prosecution.
However, reducing the role of the defense attorney to mere “verdict facilitation” cannot and must not become the norm if one does not wish to relinquish their right to a fair, objective, and lawful trial . Unfortunately, many lawyers practicing criminal law have resigned themselves to this role: Some prefer not to antagonize judges and prosecutors to secure future court-appointed defense cases, while others are generally conflict-averse and do not want to stand out negatively during trial.
We consider this approach to be wrong—especially when there is a justified prospect of a different assessment of the accused act, for example, because the allegations cannot be proven with the certainty required for a conviction, problematic legal issues exist, or other factors suggest the possibility of achieving a better outcome for the client!
In such situations, despite any potential procedural and external disadvantages, a plea-based sentencing defense is entirely ineffective, especially since plea bargains are often used by courts and prosecutors as a pressure tool to simplify work and save time, particularly given chronic overload.
This makes it even more important for us, especially in cases where the court is stubbornly pursuing a conviction course despite a lack of evidence, to utilize all legal avenues—even if this means filing extensive evidentiary motions or even challenges for bias against presiding judges. A proper and effective defense must not shy away from the necessary conflict with the justice system, but this must never be confused with reckless activism! Our success is instead based on a strategic balance of necessary toughness and intelligent diplomacy, tailored to the individual case.
Often, this requires a rigorous enforcement of the client’s legal position. Therefore, we do not care if courts—under the guise of “efficiency in criminal proceedings” and “victim protection”—already perceive any defense aimed at acquittal as an “inconvenience.” The democratic legal order is fundamentally based on the presumption of innocence and the right to a fair trial, and not—as judicial practice sometimes seems to suggest—”when in doubt, against the accused“!
What many do not know: The conviction rate in Germany is well over 80%. Especially in cases where a high sentence expectation and/or significant public interest is involved, there is a particularly high degree of prejudgment by the public, the media, and unfortunately, even the court. Naïve trust in a positive outcome is therefore misplaced.
Our law firm has made it its mission to apply all legal options available in criminal proceedings and develop highly effective defense strategies that specifically target the typical weaknesses of the judicial system. In criminal law, everything is at stake for the accused—no other legal field imposes such severe sanctions, up to and including life imprisonment.
No other legal field has so many discretionary margins, especially considering the broad legal consequences provided by criminal proceedings: from case dismissal (with or without financial conditions), to the summary 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 of a criminal case thus largely depends on the choice of the right attorney.
However, much like choosing a doctor, trusting that you are in the best hands is the most important factor when hiring a lawyer. You can contact us at any time to get a personal impression of our experience and expertise.
