Criminal Defense Attorney in Vienna
The most important decision in a criminal proceeding is usually made at the very beginning—during the initial interrogation, often before you even know exactly what you are being accused of. What is recorded there will have an impact right up until the verdict.
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If you find a summons in your mailbox: Call before you go. You are not required to testify, and you have the right to consult with a defense attorney beforehand and to have him or her accompany you to the hearing. Neither of these things costs you anything except a phone call—and they often determine the outcome.
Your Rights as a Defendant
Any person being questioned as a suspect must be informed of their rights: the right to remain silent, the right to consult with an attorney, and the right to speak with the attorney before the questioning begins. In practice, this notification is brief and takes place in a situation where hardly anyone is thinking clearly.
The right to remain silent is not an admission of guilt and must not be used against you. Whether remaining silent is the right strategy in a specific case, however, depends on the contents of the case file—and at the outset, only the prosecution knows what those are. That is precisely why access to the case file takes precedence over making a statement, not the other way around.
The Most Common Mistake
It consists of wanting to “get to the bottom of the matter quickly.” Anyone who, without knowing the results of the investigation, recounts what they believe happened is committing to a version of events that cannot be corrected later. Contradictions between a first and second statement are the most effective evidence in criminal proceedings—against the person who created them.
The Preliminary Investigation
It is overseen by the public prosecutor’s office and conducted by the criminal investigation department. You will typically become aware of it through a summons, the seizure of documents or equipment, a search of your home, or the opening of a bank account. There are legal remedies available against coercive measures, in particular an objection on the grounds of a violation of rights—these are subject to time limits and must be substantiated.
Our work during this phase consists of three things: reviewing the case files, working through the facts of the case together with you, and requesting exculpatory evidence while it is still available. A video that will be overwritten after four weeks is a classic example of evidence that can only be preserved at the very beginning.
House Search
Ask to see the warrant, read what it refers to, and call your attorney—you have the right to do so. Do not resist, and do not make any statements about the matter. Anything that is seized must be recorded; the legality of the seizure can be verified later, but a careless remark made at the front door cannot.
Arrest and Pretrial Detention
Pretrial detention requires strong suspicion of a crime and grounds for detention—risk of flight, risk of tampering with evidence, or risk of committing another crime. It must be time-limited and regularly reviewed at detention hearings. In many cases, detention can be avoided through less restrictive measures: mandatory reporting, conditions of release, or posting bail. However, this requires that someone prepare and request these alternatives in a timely manner.
How a case might end
Not every preliminary investigation leads to an indictment. It may be dismissed if there is no longer any suspicion of a crime or if the act is not a criminal offense. For offenses below a certain level of severity, diversion may be considered—a fine, community service, probation, or restorative justice. The advantage is obvious: no guilty verdict, no conviction on the criminal record. Diversion is not an act of clemency; rather, it must be justified and often actively prepared for.
If charges are filed, the case will be decided by a single judge, a lay judges’ court, or a jury court, depending on the potential penalty. The verdict may be appealed, and—in the case of higher courts—a motion to set aside the judgment may be filed. Here, too, there are short deadlines that begin when the verdict is handed down.
White-Collar Crime Law
Proceedings involving embezzlement, fraud, accounting offenses, or tax evasion differ from traditional criminal proceedings in almost every respect: they last for years, the case files run to tens of thousands of pages, and the bulk of the work involves analyzing expert reports and accounting records. Added to this is the liability of the company itself under the Corporate Liability Act—in such cases, both the managing director and the company are implicated simultaneously, often with conflicting interests.
In this situation, we provide early advice on the question of who represents whom, and we assist with internal investigations, voluntary disclosures, and negotiations with the authorities.
Representation as a Victim
We do not represent only defendants. Victims of a crime can join the proceedings as private parties and assert their claims during the criminal proceedings rather than filing a separate lawsuit later. Under certain conditions, victims are entitled to free legal and psychosocial support throughout the proceedings. Criminal and family law often overlap, particularly in cases of domestic violence—see the section on family law for more information.
The Cost of Defense
The costs depend on the stage of the proceedings and the amount of work involved; in criminal proceedings, fees are typically billed on a time-based basis or as a flat fee per stage of the proceedings. Anyone who cannot afford the costs is entitled to legal aid. If the defendant is acquitted, a contribution toward defense costs is due—however, this contribution is capped and generally does not cover the actual costs. You can find an overview of our billing models under “Attorney Fees.”
Charges, a search warrant, or an indictment? Talk to us before you speak with the authorities. In criminal proceedings, every day counts—don’t let it go to waste.
+43 1 99 741 21Frequently Asked Questions About Criminal Proceedings
As a general rule, you must comply with the summons; however, as the accused, you are not required to testify. You have the right to remain silent, the right to an attorney, and the right to consult with your attorney before the interrogation. Whether remaining silent is the right strategy can only be determined after reviewing the case file.
Yes. You have the right to have a defense attorney present during questioning. In certain circumstances, the questioning may be postponed until the attorney arrives. Exercise this right—it is the most effective safeguard against transcripts that are later interpreted differently than intended.
Ask to see the order and read what it refers to. Call your defense attorney. Do not resist, but do not make any statements about the matter, and do not sign anything you do not understand. Make sure that everything taken from you is recorded—this will allow you to verify its legality later.
The termination of proceedings without a conviction, for example, in exchange for a fine, community service, a probationary period, or a restorative justice agreement. It may be considered for offenses below a certain level of severity and requires that the facts of the case have been sufficiently clarified. It is not automatic—diversion must be sought and justified.
Only in part. If a defendant is acquitted, they are required to contribute toward the defense costs; however, this amount is capped and generally does not cover the actual costs. Anyone who cannot afford the costs is entitled to legal aid.
Convictions are recorded, but diversions and dismissals are not. What appears on a criminal record certificate depends on the type and severity of the penalty, as well as the amount of time that has elapsed—for professional purposes, this is often more important than the penalty itself.
Let's talk about it
During our first consultation, we'll clarify what you're accused of, how the proceedings will proceed, and what you need to do in the coming days—and what you should avoid doing.
+43 1 99 741 21 or schedule an appointment online