Silence is golden - the motto when being summoned or questioned by the police
If you are summoned by the police for questioning, this is often a cause for concern. Many of those affected are unsure how they should behave. Here is the most important information, brief and clear:
No. As a defendant, you are not obliged to comply with a police summons (Section 163a (3) StPO). You only have to comply with a summons from the public prosecutor's office or the court.
No. You have the right to remain silent (§ 136 StPO). This silence must not be interpreted negatively. Remember the motto: Keep silent and use your Right to refuse to testify.
Every statement you make can be used against you. You often do not yet know the full extent of the accusations. As an experienced criminal defense lawyer, I can better assess whether and how you should make a statement after inspecting the files - the safest way to do this is via a Statement of defensewhich I never submit as an admission by the defendant. This is how I protect you.
Stay calm and polite.
Do not make spontaneous statements.
Inform the police that you would like legal advice first.
You have the right to contact a criminal defense lawyer (§ 136 StPO).
Best immediately after the summons. As a criminal defense lawyer, I can apply for access to the files for you (§ 147 StPO) and advise you comprehensively before you make a statement.
Silence protects! Contact me to protect your rights and avoid making unnecessary mistakes. I will support you competently and discreetly.
