Criminal Law Berlin

Criminal defense lawyer Berlin for summons and accusations

A summons, a call from the police or news that an investigation has started creates pressure. Many people do not know whether they must appear, what they may say and how to act without weakening their position. Generic internet advice is no substitute for reviewing your specific summons or knowing the file.

As a criminal defense lawyer in Berlin I clarify your role (accused or witness), who issued the summons and which next steps make sense. Where useful I apply for file access (Akteneinsicht) and discuss a defense line that fits your case. Advice is by phone or video; in-person appointments are not part of the offering.

Outline events with dates and send the summons or penal order (Strafbefehl) before the initial consult if possible. Deadlines, file numbers and the wording of the summons matter more than long narratives without papers. Whether discontinuation, objection, negotiated outcome or trial: the aim is to name options and risks clearly before you make far-reaching statements.

The notes on this page are orientation only. They do not replace individual defense advice in your proceedings and do not create a mandate.

Summons, penal order (Strafbefehl), indictment: what applies now

What matters is the capacity in which you are summoned and who issued the summons. Accused persons and witnesses have different duties; mixing them up can hurt. Read the summons carefully: person named, issuing authority, date, caution wording.

The earlier the classification, the more options remain: appointments can be moved or attended with counsel, file access requested, unnecessary statements avoided, objections filed in time.

Typical criminal proceedings in practice

• Property offences: fraud, embezzlement, theft, misappropriation
• Assault and conflicts in private or public settings
• Insult, defamation and related allegations
• Narcotics offences
• Road-traffic offences with a criminal core (separate from pure regulatory fines)
• Penal-order proceedings and defense in investigation and at trial

Pure regulatory offences and fine notices do not belong here — see Regulatory offences and the Self-check. Borderline cases (e.g. hit-and-run, drink-driving) can be criminal; in parallel the traffic-law accident or licence side may be affected. Classification follows the concrete allegation.

Each offence has its own elements and typical evidence picture. Comparisons with “similar cases” among acquaintances do not replace file review. Situations range from a first police contact after a dispute to an indictment or a penal order with a short objection deadline.

Allegations from the digital sphere (insults in chats, online-commerce fraud claims) are included. The distinction matters: not every everyday “criminal” conflict is already an investigation — and not every police letter means you are an accused person.

Silence, file access, defense

1. 1. Contact and documents

   Describe the allegation and send the summons, penal order, authority letters or prior correspondence — ideally before the appointment or deadline.

2. 2. Situation assessment

   I classify what is known, what is missing and whether immediate steps are needed (e.g. file access, attending a date, objection to a penal order).

3. 3. Mandate

   If you instruct me we clarify scope, fees and communication channels — including with relatives if you wish.

4. 4. Defense

   Written submissions, appointments with police, prosecution or court, and ongoing coordination with you.

Do: Keep the summons, penal order and all letters. Note date, time and issuing authority. Send documents to the firm and schedule the initial consult — by phone or video. Disclose any statements already made (including informal ones) so the defense can build on them.

Don’t: Rushed statements to the police, “clarifications” in chats or on social media, contact with the alleged other side without counsel. Statements without file knowledge are often harmful. Relatives should not call the police “for you” without agreement.

File access is often the key: without knowing the investigation status much remains speculation. Whether silence, a confession or a targeted statement helps depends on that status — not on generic internet advice. The firm monitors deadlines only after express acceptance of a mandate.

If search, seizure or custody issues arise, prompt counsel is especially important. State such circumstances clearly in your enquiry.

Frequently asked questions on criminal law

• Must I appear at the police as an accused person?

  With a police-own summons often not. If the summons is commissioned by the public prosecutor or the court, a duty to appear may exist (§ 163a (3) StPO). That does not create a duty to make a statement. Send the summons for review.

• Must I make a statement on the merits?

  As an accused person you are generally not obliged to make a statement. Whether and when a statement helps depends on the case and the file.

• What is a Strafbefehl and how long do I have to object?

  A penal order imposes a sentence without a main hearing. The objection deadline is typically 2 weeks (§ 410 StPO). Exception: peculiarities in the notice or service can change the assessment — have the order reviewed at once.

• What does file access achieve?

  It shows what the investigation actually rests on — and what the defense can build on. Without the file much remains speculation.

• What does the initial consult cost?

  For consumers 190 € incl. VAT. If a mandate follows in the same matter the amount is generally credited.

• How do appointments take place?

  By phone or video. In-person advice is not part of the offering.

• I already said something to the police — is that bad?

  Not necessarily, but the defense must build on it. Describe as precisely as possible what was said and in what setting. Later “corrections” without a strategy can worsen the position.

• Can the case end without a main hearing?

  Yes — e.g. by discontinuation, penal order or other resolutions in the investigation, depending on allegation, evidence and stage. Whether that is realistic often only becomes clear from the file.

Fees & next steps

The initial consultation for consumers costs 190 € incl. VAT; if a mandate follows in the same matter this amount is generally credited. Details on RVG, legal-expenses insurance and the further process are on the Fees page.

About Dilara Ekici, Attorney