Course of criminal proceedings - your criminal defense

 
Briefly and concisely the most important steps in criminal proceedings:

1. initiation of a preliminary investigation

Criminal proceedings usually begin with a report to the police or public prosecutor's office. It is checked whether there is an initial suspicion. The police carry out investigations, e.g. questioning or securing evidence.

Your right: You must do not burden yourself. As a defendant in a criminal investigation or criminal proceedings, you have the following rights under the §§ Sections 136, 163a Code of Criminal Procedure the so-called "Right to silence" or also the Right to refuse to testify.

My recommendation: Use your right to refuse to testify. Do not make any statements. Contact me for an initial Free preliminary inquiry and Legal advice.

The defense lawyer can already avert major damage here. Through clever criminal defense with sensible and early motions for evidence, it is often possible to nip the investigation proceedings in the bud and prevent the Proceedings to be discontinued - often against Conditions such as fines.

2. conclusion of the investigation

The public prosecutor's office decides whether:

• Proceedings discontinued if there is no reasonable suspicion.
• A penalty order is requested (for minor offenses).
• Charges brought if there is sufficient evidence for a main hearing.

3. interim proceedings

If charges are brought, the court examines whether the charges are admissible. If it is admissible, it opens the main proceedings. Otherwise, the charges are dismissed, §§ 199 ff. Code of Criminal Procedure.

4. main hearing

The court hearing begins. Important steps are:

• Reading of the indictment
• Admission or silence of the defendant(s)
• Taking of evidence (witnesses, experts, documents)
• Pleadings of the prosecution and defense
• Sentencing

Your advantage with a lawyer: A sound defense strategy and sensible motions for evidence can make all the difference here. Without a criminal defense lawyer, you usually have little chance of a good outcome at this stage of the proceedings.

5. legal remedies

Do you disagree with the ruling? You have the following options:

• Appeal: The judgment will be completely reviewed in the next instance.
• RevisionOnly legal errors are examined.

6. enforcement of sentences

After a final judgment, the sentence is enforced - e.g. fine, prison sentence or other measures.

My recommendation

The sooner you involve a criminal defense lawyer, the better I can protect your rights. Therefore, please contact me for an initial Free preliminary inquiry and Legal advice.