Police Summons in Germany? Lawyer in Nuremberg
Summons, written questionnaire, house search or arrest: know your rights – and why remaining silent is almost always right.
A letter from the police? How to react correctly
A summons to a police interview as a suspect (Vorladung als Beschuldigter), a written questionnaire (Anhörungsbogen) or a house search – this is usually how people find out that criminal proceedings are being conducted against them in Germany. This is exactly the moment when the course is set.
Do I have to go to the police?
- As a suspect: No. You do not have to attend a police interview and you do not have to say anything about the allegations. You only have to provide personal details (name, address, date of birth etc.).
- Summons by the public prosecutor or the court: You must appear – but you may still remain silent.
- As a witness: Witnesses generally have to testify, before the police at least if the summons is issued on behalf of the public prosecutor. There are, however, rights to refuse testimony – for example for close relatives or if you would incriminate yourself.
I inform the police that you are represented and will not make a statement for now, and I request access to the file from the public prosecutor. Only then do we decide together whether and how to respond.
House search – what to do
- Stay calm and do not resist.
- Ask to see the search warrant and request a copy.
- Do not say anything about the allegations – not even in a “casual chat”.
- Expressly object to the seizure of items and have this recorded.
- Call your defence lawyer immediately.
Arrest
After an arrest, you must be brought before a judge no later than the end of the following day. You have the right to contact a lawyer, to an interpreter and – as a foreign national – to have your consulate informed. I apply for a detention review and fight for your release, for example subject to conditions.
Goal: termination of the proceedings
Many investigations end without an indictment – for lack of sufficient suspicion (§ 170 (2) StPO), for minor guilt (§ 153 StPO) or against a condition such as a payment (§ 153a StPO). A termination under § 153a StPO is not a criminal record.
Defence in investigations in Nuremberg, Fürth, Erlangen and Middle Franconia
Our office is centrally located at Gleißbühlstraße 7, 90402 Nuremberg (Nürnberg), about a five-minute walk from Nuremberg Central Station. We represent clients from Nuremberg and the entire metropolitan region – including Fürth, Erlangen, Schwabach, Zirndorf, Stein, Lauf an der Pegnitz, Hersbruck, Feucht, Roth and Neumarkt – before the local courts, in particular the Nuremberg Local Court (Amtsgericht), the Nuremberg-Fürth Regional Court (Landgericht) and the Nuremberg Higher Regional Court (Oberlandesgericht).
Questions about police summons
Will my silence be held against me?
No. A suspect’s complete silence may not be used against them. Partial statements or careless remarks, on the other hand, can be problematic.
How do I find out what I am accused of?
Through access to the case file, which your defence lawyer is entitled to (§ 147 Code of Criminal Procedure). Only with knowledge of the file can you decide whether and how to comment on the allegations.
Does the summons affect my residence permit?
The summons itself does not. A later conviction can, however, have consequences for residence permits, visas or naturalisation. This is another reason to involve a defence lawyer early.
Received a police summons?
Do not make a statement – call us. We take over all communication with the police and the prosecutor.