The police have summoned you as a suspect

A letter arrives with a date and the information that you are the subject of an investigation. The instinctive response is to attend and explain. In German criminal procedure, that is the mistake that costs cases.

Who is summoning you

The police. No obligation to attend as a suspect. You can let the date pass. Normally your lawyer responds instead and applies for access to the file.

The public prosecutor. You must attend. You still do not have to answer questions about the matter.

The court. You must attend, and attendance can be enforced. Again: personal details yes, the substance no.

So the first thing to check is who signed the letter.

Suspect or witness?

The letter normally says which, and the difference is substantial. As a witness before the prosecutor or the court, you are generally obliged to give truthful evidence — with exceptions, including where you would incriminate yourself or where the accused is a close relative.

If you are summoned as a witness but might be involved yourself, clarify that before attending. These roles can change during an investigation.

Why silence is the right starting point

Not because silence is always right, but because at this stage you do not know what is in the file. You have not seen the witness statements, the evidence, or the precise formulation of the allegation.

Anything you say is recorded and becomes part of the file. It cannot be withdrawn. Even an accurate account can work against you in ways you cannot assess — by confirming a point that was previously open, for example.

The silence is provisional. Once I have seen the file, we decide together whether a statement helps and, if so, what it should say. In many cases a carefully prepared written statement is what ends the proceedings before they become public.

One point that matters particularly if German is not your first language: an interview conducted in a language you are not fully comfortable in produces a record you cannot properly check. Interpreters are provided, but nuance is lost — and the record, not your intention, is what stays in the file.

What you must provide

Personal details: name, date and place of birth, marital status, occupation, address, nationality. Nothing beyond that.

Everything else — where you were, whom you know, what you were thinking — is substance.

How I proceed

1. Notify the authority that I am acting, and apply for access to the file
2. Review it — what exactly is alleged, on what evidence, and where the gaps are
3. Go through it with you in English, including realistic outcomes
4. Decide whether to make a statement, and in what terms
5. Negotiate with the prosecutor where that is the sensible route — many investigations are discontinued without any hearing

Common questions

Does staying silent make me look guilty?

No. Complete silence by a suspect may not be held against them — that is settled law. Partial silence is different: answering some questions and not others can be damaging. Which is why it should be all or nothing, and prepared.

Could this affect my residence status?

Criminal proceedings can have consequences beyond the criminal court. I do not advise on immigration law, but it affects how a case should be handled — a discontinuance and a conviction are very different outcomes in that respect. Tell me at the outset if this is a concern.

I already said something on the phone.

This happens often and is not fatal. What matters is what was recorded and how it came about. Say nothing further and have the file reviewed.

What does a defence cost?

In criminal matters I usually work on the basis of a fee agreement, settled before you instruct me. Legal expenses insurance covers criminal proceedings only to a limited extent — I will check your policy.

General information only, not advice on an individual case. Last updated: August 2026.