Summons as a Suspect

Summons for a Criminal Offense – What to Do?

Recei­ving such a summons as a suspect under­stan­d­ably and justi­fiably trig­gers signi­fi­cant stress and uncer­tainty. Unans­wered ques­tions may revolve around the optimal way to respond, the rights of a suspect, the right moment to consult a criminal defense attorney, and whether failing to attend the summons increases suspi­cions or is a stra­tegic decision.

This article dispels some myths surroun­ding the rights of a suspect in connec­tion with a police summons and high­lights the crucial importance of invol­ving a criminal defense attorney at this stage of the procee­dings.

Zeigt den Teil der Vorladung als Beschuldigter, woraus der Vernehmungsort, Zeit und Datum hervorgeht.
Summons as a Suspect from the Police – Key Points at a Glance


Contact a Lawyer: As soon as you receive a summons as a suspect, you should urgently consult a criminal defense attorney for advice.

Know Your Rights: As a suspect, you are not required to attend the summons, and it is advi­sable not to do so. Let your defense attorney handle all commu­ni­ca­tion on your behalf!

Silence is Golden: No nega­tive conclu­sions can be drawn from your silence – make use of this right!

Stay Calm: A summons as a suspect is far from the start of a main trial. Try to remain calm and discuss any fears, uncer­tain­ties, and stra­te­gies with your attorney.



Purpose and Procedure of a Suspect Summons

The police will summon you for ques­tio­ning as a suspect only if there is an initial suspi­cion against you. Regard­less of the typi­cally polite and respectful tone, you should not forget that the purpose of the police summons is often to iden­tify you as the perpe­trator and gather evidence against you.

The ques­tio­ning of a suspect gene­rally follows a consis­tent struc­ture. After the police offi­cers have duly informed you of your rights, they will notify you that you are free to respond to the accu­sa­tions or remain silent. If you attend the ques­tio­ning without consul­ting a specia­lized defense attorney before­hand, the police are obli­gated to inform you of your right to contact an attorney. Offi­cers are also required to provide infor­ma­tion about emer­gency legal assis­tance services.

A manda­tory part of this noti­fi­ca­tion includes your right to request the coll­ec­tion of evidence and, under the condi­tions of § 140 StPO, to apply for the appoint­ment of a court-appointed defense attorney accor­ding to §§ 141 Abs. 1, 142 Abs. 1 StPO. These suspect rights, as outlined in §§ 163a Abs. 4 S. 2 in conjunc­tion with § 136 Abs. 1 StPO, shape the entire process of a suspect’s ques­tio­ning.

To ensure adhe­rence to these prin­ci­ples, the entire inter­ro­ga­tion is docu­mented in a protocol. Once the suspect is given the oppor­tu­nity to review the protocol and clarify any inac­cu­ra­cies, they are asked to sign it. After­ward, the suspect is typi­cally dismissed from the inter­ro­ga­tion. Details about the evalua­tion of the protocol and further case procee­dings will be commu­ni­cated to you as the suspect in due course.

The Rights of a Suspect in the Case of Intended Police Questioning

A common miscon­cep­tion is that a suspect must comply with a police summons—whether to avoid crea­ting an impres­sion of guilt by being absent or to assert their inno­cence during ques­tio­ning.

Refusing a Summons: A Fundamental Right of the Suspect

This wide­spread misun­derstan­ding often works to the police’s advan­tage. In reality, you are neither obli­gated to attend a police summons nor is it advi­sable from a stra­tegic perspec­tive.

The police some­times perpe­tuate this miscon­cep­tion through vague state­ments, rein­forced by the note in the summons reques­ting you to inform them (e.g., by phone) in case of your inabi­lity to attend. While noti­fying the police may be considered polite, as a suspect, you are not required to do so, nor must you provide reasons for your absence.

Declining the Summons: Avoid Direct Contact

If you do choose to expli­citly decline the summons, it is advi­sable to avoid direct commu­ni­ca­tion with the police. This prevents you from inad­ver­t­ently justi­fying your absence or being persuaded by offi­cers about the supposed bene­fits of atten­ding the ques­tio­ning. Upon recei­ving your summons, you can contact us imme­dia­tely. We will request access to the case files and, at the same time, cancel the ques­tio­ning appoint­ment on your behalf. This way, you do not need to have any direct inter­ac­tion with the police.

Absage der Vorladung: Ab jetzt erfolgt die Kommunikation über den Anwalt.

Silence is Golden

Before hastily complying with a summons as a suspect, you should remain silent and have your defense attorney cancel the appoint­ment on your behalf.

Refu­sing to attend the summons does not imply guilt, nor does this prin­ciple change if you are inno­cent. Your right to silence is one of your funda­mental rights as a suspect. This includes the assu­rance that your silence cannot be used against you during the later stages of the trial. Even if some police offi­cers suggest other­wise, it is essen­tial to under­stand that only the public prosecutor’s office decides on the further course of the procee­dings, such as dismissal or indict­ment under § 170 StPO. The prose­cutor will always take the suspect’s funda­mental right to silence and its impli­ca­tions into account.

The same applies if you receive a summons as a suspect despite having done nothing illegal and being inno­cent. It is natural to feel the strong urge to refute the false accu­sa­tions during ques­tio­ning. However, complying with a summons without prior consul­ta­tion with a lawyer never works in your favor. Your lack of legal exper­tise combined with the police’s typi­cally high eager­ness to prose­cute can result in an inter­ro­ga­tion protocol that is disad­van­ta­geous to you.

Even though it may be diffi­cult, you should remain silent as soon as you receive a summons and wait until the specia­lized criminal defense lawyer you engage has obtained the inves­ti­ga­tion files and clari­fied the alle­ga­tions against you.

The Role of the Defense Attorney – Equality of Arms & Strategy

As expe­ri­enced criminal defense attor­neys, our primary task is to develop and imple­ment the most effec­tive proce­dural stra­tegy for your case. This is best achieved when you contact us imme­dia­tely after a criminal accu­sa­tion is made against you as a suspect. Early invol­vement allows us to take over corre­spon­dence with the autho­ri­ties from the outset. Follo­wing a summons, we can cancel it on your behalf and request access to the case files. If a detailed review of your case suggests that atten­ding the summons is advi­sable, we will discuss this thoroughly with you. Upon request, we are happy to accom­pany you to the ques­tio­ning.

If a review of the inves­ti­ga­tion files reveals no room for achie­ving our primary goal—having the procee­dings dismissed—we will develop a compre­hen­sive defense stra­tegy for the main trial and continue to provide you with our exper­tise and exten­sive expe­ri­ence at this stage of the procee­dings.

When facing a criminal accu­sa­tion, cont­ac­ting a specia­lized criminal defense attorney promptly is crucial. The sooner you seek profes­sional legal advice, the better you can exer­cise your rights as a suspect after recei­ving a police summons. This also ensures you can use your valuable prepa­ra­tion time effec­tively rather than spen­ding it in uncer­tainty about your rights.

If you have any further ques­tions or are a suspect in a criminal case, please do not hesi­tate to contact us.

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