In criminal proceedings, the police and the public prosecutor's office often appear to be unequal opponents. However, you have rights in the various stages of criminal proceedings and exercising these rights plays an important role. As a defendant, you can influence the outcome of the proceedings as early as the preliminary proceedings.
First of all, there is the right to have a defense lawyer present. Accused persons often try to complete an interrogation without a defense lawyer. Due to the pressure situation alone, you should make use of your right to a defense lawyer. Regardless of whether you are caught in the act or during a police interrogation - you can always call in a defense lawyer.
Many people do not know or inform themselves about the contents of the file before such an interrogation. If you are under investigation and are questioned, you also have the right to know why. The contents of the file represent the current status of the investigation by the authorities. Inspection of the files can therefore be used to discuss why you are being investigated and what evidence is available to the public prosecutor's office. The inspection of files by your defense lawyer is therefore crucial for a hearing.
In general, the accused (and also the defendant) is free to decide how to respond to the accusations. This also includes the possibility of making a written statement. This can be done by means of a written statement. This is a clear advantage - on the one hand, you can avoid unpleasant pressure situations during questioning by the police, and on the other hand, you can present your view of the matter precisely and refute the accusations. This can already lead to the proceedings being discontinued.
In both the preliminary and main proceedings, attempts are often made to exert pressure on the accused or defendant. A lenient sentence or diversion is offered in return for a confession. However, an essential right of the accused or defendant is to remain silent. You are therefore not obliged to testify.
To avoid mistakes, you should consult a criminal defense lawyer as soon as possible in criminal proceedings. With their help, you can discuss the status of the investigation and work out an individual defense strategy.
