How to serve a subpoena

Conduct as a suspect when summoned by the police

You often find out for the first time through a police summons that a criminal investigation has been initiated against you. Often the right behavior is difficult after such a summons. On the one hand, a summons from the police is a special exceptional situation, on the other hand, there is also a highly emotional moment when you realize that a criminal offense has been reported. Their good reputation is at risk, and economic credibility is often at stake in white-collar crime.

No obligation to appear at the police station

Although the summons from the police often gives the impression that one has to obey the request, there is no obligation to appear at the police station - neither as a suspect nor as a witness. Something different can apply if an identification service measure has been ordered. Otherwise applies:

You only have to comply with the summons if the judge or the public prosecutor's office summons. However, you should not bury your head in the sand when you are summoned to the police, but rather request a lawyer to inspect the files immediately. Because the accusation usually doesn't settle itself any more than a broken leg. At best, it will grow back together crookedly without treatment, at worst, you will be unable to walk or even die of inflammation.

The police authorities often ask for a telephone notification if one is prevented. On the one hand, it often happens in these cases that the officers still try to make an appointment, possibly under the threat that the public prosecutor would otherwise summon (which, however, is the absolute exception), on the other hand, you can already make statements during this telephone call be pushed, which are a hindrance in the later proceedings. If you hire a lawyer as your criminal defense attorney, your lawyer will cancel the appointment for you. We then wait for the files to be inspected.

Do not make a statement to the police

In principle, you should not make a statement to the police. The first way should lead to a criminal defense attorney as soon as possible.

Many suspects fear that their silence will be interpreted negatively. In terms of criminal proceedings, however, the silence should not be viewed negatively, but your testimony can. The same applies to a "partial silence".

As a rule, you can only cause damage to the police with a statement. You can also easily make a statement that could have positive effects at a later stage in the proceedings after consulting an experienced criminal defense attorney.

Also be careful with supposed small talk with a police officer:

Statements that you make to a police officer outside of the actual interrogation are also recorded in the files. Sometimes the police use (apparent) small talk specifically to elicit a statement from you. In this way, the police officer can and will reproduce each of your statements as a witness within the scope of his duty at the main hearing.

Access to files by the defense attorney

Frequently, suspects are surprised by new allegations or evidence during the interrogation. For this reason, the files should first be inspected by a criminal defense attorney. This will keep you on the same page as the investigating authorities and avoid nasty surprises.

Subsequently, it can be discussed with the defense lawyer whether and how one gets involved in the matter. If necessary, your lawyer can suggest that the prosecution be discontinued at this stage. This saves the person concerned a strenuous and usually public trial.

See a criminal defense attorney and keep silent

Thus, a “first aid measure” applies to a police summons or a hearing sheet: Contact one immediately Specialist lawyer for criminal law or defense lawyers and keep silent to the police and other people who might testify against you later. The accused's right to remain silent and the freedom of Defense attorney election are among the most important rights of the accused in German criminal proceedings. Make sure you make use of your rights.

Of course, you can also contact us then Attorney Dr. Böttner contact if you have already made a testimony or even a main hearing has taken place. There is a suitable and correct behavior for every situation in criminal proceedings. Lawyer Dr. Böttner therefore cater to the needs of your respective procedural situation in order to ensure the best response to a summons from the police, an indictment by the public prosecutor or a court decision.

Posted in Criminal Law and White Collar Criminal Law News (News Alerts)
Tagged under testimony, right to refuse to testify, accused, help, police, criminal defense attorney