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.

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.

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.