Summons as a suspect

Summons as a suspect – what should you do?

A summons as a suspect understandably triggers significant stress and uncertainty.

Many affected persons do not know whether they may ignore the summons, how to respond correctly, or whether failing to appear has negative consequences.

It is also often unclear what rights a suspect has, when you should definitely involve a criminal defence lawyer, and whether making a statement to the police makes sense at all.

This article dispels the typical myths surrounding a police summons as a suspect and explains step by step

• • what such a summons means,
  • what rights you have
  • and how to behave in the best possible way.

It also explains why involving a criminal defence lawyer at an early stage is crucial and in many cases prevents you from unnecessarily incriminating yourself or making mistakes that are later difficult to correct.

Received a police summons as a suspect – the key points at a glance

If you have received a police summons as a suspect, it is crucial to act quickly and strategically.

1. Contact a criminal defence lawyer immediately

At the latest upon receipt of the summons, you should seek legal assistance.

2. You do not have to comply with the police summons

As a suspect, there is no obligation to appear at the police station. Communication should be handled exclusively through your defence counsel.

3. Silence is your strongest right

No adverse conclusions may be drawn from your silence. Exercise this right before you say anything that could later be used against you.

4. Stay calm

A summons does not automatically mean charges will be brought. A criminal defence lawyer can assess whether there is already solid evidence or whether the proceedings can be discontinued.

Purpose and procedure of a suspect summons

The police will only summon you for an interview as a suspect if there is an initial suspicion against you.

Despite what is often a polite conversational setting, you must not forget that, with a police summons, investigators primarily want to gather evidence and obtain incriminating statements.

How does a suspect interview proceed?

Typically, the interview follows a fixed pattern:

1. 1. Police duty to inform Before the interview begins, you must be informed:

      • • that you are being investigated as a suspect,
        • that you may remain silent,
        • that you may consult a defence lawyer at any time.

   2. Information about legal assistance If you appear unprepared (which you should not), the police must expressly inform you that you can contact a criminal defence lawyer.
   3. Information about further rights These include, among others:

      • • the right to submit motions to take evidence,
        • the possibility of court-appointed defence counsel under Sections 140–142 of the German Code of Criminal Procedure (StPO).

   4. Recording of the interview Every suspect interview is fully recorded. You have the right to review the record and correct any ambiguities immediately.
   5. What happens next? You will learn at a later stage from the public prosecutor’s office how the police assess your statements and how the proceedings will continue.

Important note for suspects

If you appear for questioning unprepared, you risk making careless statements that can later be used against you.

The suspect’s rights in the event of a police summons

A widespread misconception is that you must comply with a police summons as a suspect.

Many affected persons believe that failing to appear could be interpreted as an admission of guilt, or that they must explain their innocence in order to steer the proceedings “in the right direction”.

In fact, the opposite is true: As a suspect, you do not have to appear in response to a police summons.

Why this misconception is dangerous

In summonses, the police often state that you should report any inability to attend “by telephone”. This suggests an obligation – but in fact there is none.

This addition does not serve to protect you; it makes it easier for the police to contact you and increases the likelihood that you will nevertheless make statements – consciously or unconsciously.

Staying away from the summons as your central right as a suspect

The legislator deliberately protects suspects by granting them the right to stay away from a police summons.

You do not have to give reasons.

You do not have to cancel.

Your silence or failure to appear must not be assessed negatively.The police often exploit the mistaken assumption that you are obliged to appear. Anyone who appears without defence counsel often says more than is good for them – especially in summonses relating to property offences such as fraud, breach of trust or theft.

Cancelling the summons – why you should never speak to the police yourself

If you nevertheless wish to cancel the summons, you should never communicate with the police in person or by telephone.

This avoids two risks:

1. 1. You start justifying yourself, often without noticing it.
   2. The police try to persuade you of the “advantages” of appearing, which is usually not in your interest.

If the summons reaches us, we will take over as your lawyer:

• • the informal cancellation,
  • the application for access to the case file,
  • the complete communication with the police.

You do not have to respond, give reasons, or provide any information.

Silence is golden and your strongest protection

Your right to remain silent is one of the central rights in criminal proceedings.

Important to know:

• • Silence must not be held against you.
  • Even innocent persons should remain silent until a lawyer has reviewed the file.
  • Silence protects you from misunderstandings and hasty conclusions.
  • Only the public prosecutor’s office decides on discontinuation or indictment – not the police.

Why silence is so important:

Police interviews are not neutral. Officers regularly seek to uncover inconsistencies, test statements, or record remarks that can later be interpreted as incriminating.

Especially those who feel innocent run the risk of saying things that can later be interpreted against them.

Therefore:

First remain silent. Then access to the file. Then legal strategy.

The role of the criminal defence lawyer – equality of arms & strategy

As experienced criminal defence lawyers, our task is to secure your rights at an early stage and develop an effective defence strategy.

Ideally, you should contact us immediately after receiving a summons as a suspect.

This enables us to take over all communication with the police or the public prosecutor’s office from the outset – including:

• • cancelling the police summons,
  • applying for access to the case file,
  • legal assessment of the allegations against you,
  • strategy planning without the risk of premature statements.

Attending an interview – only after reviewing the file

If a detailed review of your investigation file shows that making a statement could be advisable, we will prepare you thoroughly and, if you wish, accompany you to the interview.

Defence objective: discontinuation instead of indictment

If the file situation allows, our top priority is the discontinuation of the proceedings under Section 170 StPO.

If the evidence does not allow this, we will develop a tailored defence strategy for the main proceedings and provide reliable support throughout all stages of the process.

Why early legal assistance is crucial

The earlier you involve a specialised criminal defence lawyer, the better we can:

• • protect your rights as a suspect,
  • avoid wrong decisions (e.g. premature statements),
  • keep the investigative authorities within their limits,
  • secure or refute evidence.

You not only save time and stress, but also significantly strengthen your position in the investigation proceedings.