If you are suddenly confronted with the accusation of a criminal offence, the shock is profound. Questions such as „Should I appear for questioning?“, „What can I say?“ or „What's in store for me?“ are buzzing around in your head. For many of those affected, the situation is almost impossible to grasp. This is precisely where criminal defence comes in: The aim is to bring the proceedings to an end in the best case scenario - or at least to achieve a lenient sentence.
As experienced criminal defence lawyers, we are at your side - in preliminary proceedings, in court and beyond. In this article, we explain what tasks criminal defence lawyers take on, when it makes sense to seek legal support and why early action gives you real advantages.
1. what actually constitutes a criminal defence?
In Germany, every defendant has the right to be represented by a defence lawyer (Section 137 of the Code of Criminal Procedure). This legal counsel accompanies the client through all phases of the criminal proceedings - from the first contact with the police to the judgement.
In certain constellations, a so-called Necessary defence prescribed by law (§ 140 StPO). This is the case, for example, if
a prison sentence of one year or more,
the proceedings take place before the Regional Court or Higher Regional Court,
a remand in custody has been ordered or
there is a risk of being banned from the profession.
In such cases, the accused may not defend themselves - a criminal defence lawyer is mandatory.
2. mandatory defence or elective defence - what is the difference?
Anyone who chooses their own lawyer is referred to as a defence lawyer of choice. This right is available to all defendants at all times - regardless of the status of the proceedings. In cases of Necessary defence a free choice can also be made. If no appointment is made, the court will appoint a public defender ex officio.
Good to know: Public defence lawyers are also licensed lawyers. Nevertheless, if you want to influence the defence strategy, you should hire your own defence lawyer as early as possible.
3. what does a criminal defence lawyer actually do?
The role of a criminal defence lawyer goes far beyond the mere court hearing. The aim is to achieve the best possible outcome for the client - whether it is through the discontinuation of proceedings, acquittal or mitigation of the sentence.
The most important tasks include
Request access to files: Only those who know the investigation file can develop a viable defence strategy.
Preserve rights: The defence counsel ensures that no procedural errors occur and reprimands any violations.
Strategy development: Depending on the evidence, a decision is made as to whether a statement makes sense - or whether silence is the wiser course.
Negotiation management: During the trial, active influence is exerted on the proceedings, for example through motions, requests for evidence or targeted questioning of witnesses.
In short: criminal defence is not just „accompanying“, but actively helping to shape the proceedings - with a clear strategy and the aim of averting damage.
4. behaviour when summoned by the police: Your rights at a glance
If you receive mail from the police or public prosecutor's office, the following applies: Do not react hastily!
Here are a few important points to bear in mind:
You are not obliged, to comply with a police summons.
Make No statement, before you have spoken to a criminal defence lawyer.
Statements that were made under duress, deception or psychological pressure are not usable.
You have the right at any time, to call in a defence lawyer - even in the middle of the interrogation.
As soon as you need support, we are ready to protect your rights and develop a clear strategy.
5 What happens if I act without a lawyer?
Defending yourself may seem courageous - but it is often a mistake with consequences. Without a sound knowledge of criminal law and procedural rules, it is difficult to recognise mistakes made by the public prosecutor's office or the court. At the same time, laypersons can overlook important opportunities for defence.
Even in the case of confessing behaviour, a lawyer can ensure that:
mitigating circumstances are recognised,
erroneous evidence must be excluded,
the proceedings are discontinued.
In short: good criminal defence makes all the difference - even (and especially) when the facts of the case seem clear.
6 When is the best time to hire a criminal defence lawyer?
Best of all: as early as possible. This is because the earlier legal assistance is involved, the more room for manoeuvre there is - for example, to influence the proceedings at the investigation stage or to prevent escalation.
Typical situations in which you should seek legal help:
You were named as a defendant in a preliminary investigation
A summons to the police or public prosecutor's office has been issued
There is concern that a house search or pre-trial detention could occur
You want to know your rights and avoid mistakes
But even in less dramatic cases - e.g. minor offences or contradictory witness statements - an initial consultation can be enormously helpful.
7 What are the costs of a criminal defence?
The costs are based on the German Lawyers' Fees Act (RVG) or an individual fee agreement. The amount is influenced by factors such as
Type and scope of the procedure
Instance (local court, regional court, etc.)
Effort and duration of the defence
Public defence lawyers receive part of their remuneration from the state coffers - however, defendants often have to bear these costs themselves in the event of a conviction. This also applies to public defence lawyers. In the event of an acquittal, the state treasury usually pays the statutory fees.
Conclusion: Professional criminal defence pays off
Whether you have been wrongly accused or have actually committed a criminal offence - anyone involved in criminal proceedings should be aware of the situation. Never take things lightly. The consequences of a conviction can be serious: Fines, imprisonment, loss of reputation.
Early legal assistance is therefore not only advisable, but often crucial. An experienced criminal defence lawyer can examine evidence, uncover procedural errors and ensure that your rights are protected. In this way, the best possible outcome can be achieved - be it a dismissal of the case, acquittal or mitigation of the sentence.
FAQs on the topic of criminal defence
1. do I have to appear at a police summons?
No. As the accused, you are not obliged to appear before the police or to give evidence. Only the public prosecutor's office or the court can order you to appear.
2 When do I get a public defender?
A public defender is appointed if there is a case of necessary defence - e.g. if there is a threat of imprisonment or proceedings before the regional court.
3. what can I do if I am accused?
Keep calm, do not make a statement without legal assistance and seek legal advice before contacting the investigating authorities.
4. will the state treasury pay the lawyer's fees?
In the event of an acquittal, yes - then the statutory fees are paid. In the event of a conviction, the convicted person usually bears the costs themselves.
German 
English 
Spanish 
Persian