Have you received a summons from the police as a suspect? The correct behavior can now be decisive for the further course of the investigation. The most common questions people ask themselves after receiving a summons are:
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Does it make sense to appear for the summons?
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Is there actually an obligation to appear at the police station?
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Does the appointment with the police have to be canceled?
Does it make sense to appear for the summons?
Every defense lawyer advises a suspect not to appear for the police to question the suspect. In any case, it makes sense to remain silent about the allegations for the time being. The defense attorney informs the police that the accused will not appear for questioning and that we will first request access to the files.
Is there actually an obligation to appear as a suspect?
Whether you have to appear for questioning as a suspect depends on who has summoned you.
If the summons is made by the police, you do not have to appear as the suspect. The summons from the police can therefore be seen more as an “invitation”. However, if you are summoned by a public prosecutor or an investigating judge, then you must obey the summons. This obligation also applies if you have already told the police that you want to remain silent on the matter.
If you do not appear at a summons by the public prosecutor or an investigating judge, you may be forcibly picked up by the police. This will then bring you for questioning. However, the fact that there is an obligation to appear does not mean that you also have to comment on the matter.
Why does it make sense to be silent?
People who are innocent in particular often find it difficult to remain silent. However, the police interrogators are trained to find contradictions in your statements. As a suspect, you can often only emerge as a loser from an interrogation. In addition, information that has already been given to the police makes an effective defense by a lawyer difficult.
Does it have a negative effect if you, as the accused, do not appear at the summons?
If you remain silent, then this must never and will never be interpreted in a disadvantageous way. Do not allow yourself to be confused by statements from police officers such as “it is always better to cooperate”. These only try to achieve quick results through such statements. In the end, the public prosecutor alone will decide whether an indictment will be brought against you, and the public prosecutor’s office must not take a negative view of your silence.
What is the correct behavior if you have received a summons from the police?
In any case, you should contact a criminal law attorney. He will cancel the appointment with the police and at the same time request access to the investigation file. After receiving the investigation file, he will discuss the content and the next steps with you.
I am happy to assist you in the investigation.
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