The police have sent me a summons. What should I do?

As a suspect you are not obliged to appear before the police or to make any statement. You have the right to remain silent — and that silence may not be held against you. The sensible first step is almost always: say nothing, have a defence lawyer apply for access to the file, then decide. Anyone who makes a statement without knowing the file is speaking blind.

I do not speak German. What does that mean for the proceedings?

You are entitled to an interpreter at the state's expense for the entire proceedings, and to a written translation of the essential documents — including the indictment and any judgment (§ 187 GVG). That is a right, not a favour, and it must be asserted. I advise and correspond with you in English; the proceedings themselves are conducted in German.

When is the right moment for a defence lawyer?

As early as possible. The investigation often decides more than the hearing: what is gathered in evidence there, and what course is set, can only be corrected later with difficulty. Many proceedings end without charges — but only where someone works towards that in time.

I have received a penal order (Strafbefehl). Is everything settled?

No. You can lodge an objection within two weeks of service (§ 410 StPO). After that it becomes final and has the effect of a judgment, with an entry in the criminal records register. The period is short; have the order reviewed before it expires.

Criminal defence in Bonn — Radermacher Law Office

Everyone deserves a committed defence

Conflicts with the criminal law should not be played down. But this is equally true: everyone deserves a committed defence conducted with the means of the rule of law. All the more so a good defence against unfounded accusations.

In my experience, hard work on the detail matters more here than striking words. Criminal proceedings are rarely won by a great closing speech and often by a carefully read file.

The investigation

Most people learn of proceedings through a questionnaire, a police summons or — in the worse case — a search. In all three situations the same principle applies:

You do not have to say anything. The right to silence is not an admission but a procedural right. It may not be used against you. Statements made without knowledge of the file, by contrast, can hardly be taken back.

Access to the file first. Only when I know what the file actually contains can it be assessed whether a statement makes sense, which applications for evidence come into consideration and whether a discontinuance is achievable.

Many proceedings end here. Discontinuance for lack of sufficient suspicion (§ 170 (2) StPO), for insignificance (§ 153 StPO) or subject to conditions (§ 153a StPO) are regular outcomes, not extraordinary ones. They do, however, require someone to work towards them while the prosecution is still deciding.

Language and your rights in the proceedings

If your German is not sufficient to follow proceedings, you are entitled to an interpreter at every stage, at the expense of the state — during questioning, in conversation with your defence lawyer and at the hearing. Essential documents must be translated in writing. These rights exist; in practice they have to be claimed, and claimed early.

Before the court

If it comes to an indictment or a penal order, the issue is the assessment of evidence in detail: how reliable is a witness statement? Were the required cautions given? Is the evidence admissible? Does the expert opinion carry what is being built on it?

I represent you at the main hearing and in the appellate instances — factually, prepared, and without promising you what nobody can promise.

Business crime

Accusations arising from business have their own logic: they are document-heavy, they regularly touch civil and company law questions at the same time, and they hit people who otherwise have everything in their professional lives under control. Here it pays that I have also worked since 2002 as a business consultant and managing director: business processes do not have to be explained to me first.

Also for injured parties

Not everyone involved in criminal proceedings is a suspect. Those who are injured parties or summoned as witnesses have rights of their own — to legal assistance, to access to the file within limits, and in some cases to represent an accessory prosecution. I represent you in those situations too.

How to reach me

In criminal matters the hour often counts. Call — the telephone is the fastest way to reach me. Until then, say nothing about the matter.

Criminal defence