Daniel
Hoffmann

Suspect: Any person may be suspected of having committed a criminal offense. What follows is the threat of a criminal investigation or even pre-trial detention. This has far-reaching effects on all aspects of the life of the person concerned. Family, social status and of course the situation at work. Even if you are acquitted, the negative consequences are often not easily reversible.

The adherence of procedural law on the side of the authorities and the rights of defense are therefore of fundamental importance at the beginning of a criminal investigation. The goal at this stage is to limit the harmful consequences for the concerned persons as far as possible. During a criminal procedure, the civil liberty of the accused person is often severely limited.

Pre-trial detention: This is only permissible if the accused person is strongly suspected of a felony or misdemeanor (suspicion) and there is a serious fear that he or she will evade criminal proceedings or the expected sanction by absconding (risk of absconding), or will influence persons or interfere with evidence in order to impair the establishment of the truth (risk of collusion or collusion), or will significantly endanger the safety of others by committing serious felonies or misdemeanors after having previously committed similar criminal acts (risk of repetition). Pre-trial detention must be requested from the court by the public prosecutor’s office.

Involvement of a criminal defense lawyer: Therefore, the assistance and the fast reaction of a criminal defense lawyer as early as possible is often decisive for the outcome of the procedure. Contact me before you go to an interrogation at the police, the public prosecutor’s office or an authority. If you are involved in a traffic accident, remain silent, already at the scene of the accident. You are entitled by law to say nothing. Make use of it. Therefore, do not speak to anyone, not to the police and not to other persons present. The area of activities of criminal law includes the criminal defense, the criminal procedure law, the road traffic law, the criminal law relating to young offenders, the representation of the injured and victims, and the criminal law in the area of administration, such as for instance the environmental criminal law or the foreigners criminal law. This also includes subjects as domestic violation, stalking and the complaint of an offence.The field of criminal law is comprehensive. It includes the classical criminal defense up to and including the main trial and further up to the Federal Court. Or by termination with a penalty order (Strafbefehl) or with a discontinuation order (Einstellungsverfügung). The penalty order and the discontinuation oder can be contested within 10 days. This being the case when you are of the opinion that you are not guilty or that a lesser penalty would be fair. As the defendant, you do not have to give reasons for the appeal. Before you go to the police or the public prosecutor’s office for a hearing, I advise you to consult a criminal defense lawyer.

Criminal law also includes the representation of injured parties and victims as well as administrative criminal law, such as criminal law concerning foreigners. I also draft a criminal complaint for you if you have been harmed by a criminal act.