Almost everyone is familiar with the television scene from the Sunday crime thriller evening or the American blockbuster cinema: the suspect is questioned by the police or the public prosecutor and refers – instead of answering – to his right to speak to his lawyer.
1. Absolutely: refuse to testify
Regardless of whether the allegations are right or wrong, you have a right to your statement to deny. You always have this right, regardless of whether you are represented by a lawyer. The assertion of your right to remain silent must not be interpreted to your disadvantage.
2. View the investigation file
You also have the right to a Lawyer of your choice to turn on. You should definitely make use of this in order to either be able to choose the right defense strategy or to avoid further entanglements. The same applies if you have received a penalty order from the court for an allegedly committed offense.
3. Develop defense strategy
The selection of the right defense strategy is only possible after prior inspection of the investigation file, which in turn is only granted to your defense attorney.
If the allegations you are accused of are true, the scope of the investigation results so far can be determined after inspection of the files. The investigation may only focus on a minor offense to be punished or there may be no witnesses or evidence to support the allegations.
If the accusations you are accused of do not apply, after inspection of the files, you can determine how the public prosecutor’s office came to the inaccurate investigation results before you create facts through justifications and explanations that are difficult to refute later
4. My advice:
– Deny statement
– Hire a lawyer of your choice to inspect files
– Discuss defense strategy
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