An accusation is not yet a verdict. What matters is what happens in the first few days — and what is better left unsaid.
Stay silent. And call. If you receive a summons, get a visit from the police or learn that you are under investigation, there is exactly one right first response: say nothing about the matter — and call us.
You are not obliged to make a statement. Your silence may not be held against you. A statement, on the other hand, can harm you permanently, even if you make it with the best of intentions. The most common mistake is not lying but trying to clear things up at the kitchen table. Whatever is said there will later be in the file.
Defence without knowledge of the file is guesswork. As defence counsel, we are entitled to inspect the file — you yourself do not have that right to the same extent. Only once we know what the investigating authority actually has can we decide whether making a statement makes sense, whether you are better off remaining silent, and where the case is open to attack.
That is why instructing a lawyer early matters more in criminal law than in any other area of law. The investigation stage is the phase in which proceedings can still end quietly. Once charges have been brought, that route is usually closed.
Not every case has to be decided in court. Where guilt is minor, the proceedings may be discontinued — without conditions or in return for a monetary payment. Both mean: no conviction, no entry in the certificate of good conduct (Führungszeugnis).
In many cases that is the best achievable outcome, and it is often achievable. It does, however, require someone to propose it in good time and with the right reasoning.
A summary penalty order (Strafbefehl) arrives by post and looks harmless. It is not: if no objection is lodged within two weeks, it has the same effect as a final judgment — with all the consequences for your certificate of good conduct, civil-service status, trade licence or residence permit.
If you receive a summary penalty order, you have two weeks. Not a day longer.
With allegations such as breach of trust (Untreue), fraud or delay in filing for insolvency, the issue is rarely disputed facts and almost always their legal assessment — and figures. Such proceedings are document-intensive and take a long time.
They also regularly affect your professional livelihood, far beyond the criminal proceedings. We keep these collateral consequences in view from the outset, because for most clients they weigh more heavily than the penalty itself.
With drink-driving, leaving the scene of an accident or coercion on the road, the driving licence is usually the central issue — for many people, essential to their livelihood. Here it pays to look closely at measuring methods, cautions on rights and procedural steps.
In administrative fine proceedings, too, a two-week deadline applies for lodging an objection. Measuring devices, signage, driver identification, limitation — there are more points of attack than the hearing questionnaire (Anhörungsbogen) would suggest. Where a driving ban is looming, a review is almost always worthwhile.
In criminal law, we generally charge on the basis of a fee agreement, because the statutory fees rarely reflect the actual work involved in a careful defence. We discuss what to expect before we accept the engagement.
Where intent is alleged, criminal legal expenses insurance often pays only retroactively, after an acquittal — we look at your policy before you count on it.
Not as an accused person. An obligation to appear exists only for a summons by the public prosecutor's office (§ 163a Abs. 3 Satz 1 StPO) or by the court (§ 133 StPO). Witnesses must comply with a police summons if it is issued on behalf of the public prosecutor's office (§ 163 Abs. 3 StPO). In both cases it makes sense to seek legal advice beforehand.
No. Accused persons have the right to remain silent (§ 136 Abs. 1 Satz 2 StPO), and this silence may not be held against them. Personal details — name, address, date of birth — must, however, be given.
Two weeks from service (§ 410 Abs. 1 StPO). If no objection is lodged, the summary penalty order (Strafbefehl) has the same effect as a final judgment (§ 410 Abs. 3 StPO).
Likewise two weeks from service (§ 67 Abs. 1 OWiG). The objection must be lodged in writing, or recorded in person, at the authority that issued the administrative fine notice (Bußgeldbescheid).
Yes. The public prosecutor's office discontinues the proceedings if there is insufficient suspicion (§ 170 Abs. 2 StPO). Where guilt is minor, discontinuance without conditions is possible (§ 153 StPO). If the gravity of the guilt does not stand in the way, discontinuance subject to a condition, such as a monetary payment, may be considered with the consent of the accused (§ 153a StPO). In these cases there is no conviction and no entry in the certificate of good conduct.
The right to inspect the file belongs primarily to the defence (§ 147 Abs. 1 StPO); before the investigation is concluded, it can be restricted if the purpose of the investigation would otherwise be jeopardised (§ 147 Abs. 2 StPO). Accused persons without defence counsel can only be granted access insofar as the purpose of the investigation — including in other criminal proceedings — cannot be jeopardised and overriding interests of third parties worthy of protection do not stand in the way (§ 147 Abs. 4 StPO). That is why inspection of the file comes first in every defence.
Answers as of October 2026. They state the general statutory rule; individual cases may differ.
This text is a general overview and does not replace advice on your individual case. Which rules apply to your matter depends on circumstances that can only be clarified in a consultation.
