How does a criminal proceeding proceed and what rights do I have as a suspect?
September 10, 2022 | 40,00 EUR | answered by Lina Strauss
Dear lawyer,
my name is Marie Schenkenberg and I have recently been initiated as a suspect in a criminal proceeding. I am unsure about how such a proceeding unfolds and what rights I have as a suspect. The situation came as a complete surprise to me and I am very concerned about my future.
I have heard that there are different phases in a criminal proceeding, such as the investigations, the filing of charges, and finally the trial. I wonder what exactly happens in each of these phases and what steps I need to take to defend myself as best as possible.
Furthermore, I am concerned about whether my rights as a suspect will be respected throughout the entire proceeding. I have heard that I have the right to a defense attorney, but I am unsure about how to find the right lawyer and if I can afford one.
Could you please explain in detail how a criminal proceeding works and what rights I have as a suspect? Are there ways for me to defend myself effectively and what steps should I take next?
Thank you in advance for your help.
Sincerely,
Marie Schenkenberg
Dear Mrs. Schenkenberg,
Thank you for your message and your trust in my expertise as a criminal defense attorney. I understand that you are concerned and unsure, as a criminal proceeding is a serious matter. I would like to explain in detail how such a process works and what rights you have as the accused.
A criminal proceeding consists of various phases, starting with the investigation. During this phase, the prosecution gathers evidence and clues to determine if there is sufficient suspicion against you. During this time, as the accused, you have the right not to self-incriminate and can exercise your right to remain silent. It is important to seek legal advice during this phase to protect your rights and develop an appropriate defense strategy.
The next phase is the filing of charges, where the prosecution decides whether to press charges against you. If they do, the trial will follow in court. During this phase, you have the right to respond to the allegations, name witnesses, and present evidence. It is crucial to be represented by an experienced criminal defense attorney to effectively represent your interests.
As the accused, you have various rights in the criminal proceeding, including the right to access the files, the right to defense by an attorney, the right to be present at all hearings, and the right to request evidence. Additionally, you have the right to remain silent and not self-incriminate.
To best defend yourself, it is advisable to consult with an experienced criminal defense attorney early on to guide you through the process and effectively represent your interests. A good attorney will assist you in developing a defense strategy, examining evidence, questioning witnesses, and supporting you throughout the entire proceeding.
I recommend that you contact a criminal defense attorney as soon as possible to protect your rights and defend yourself effectively. Do not hesitate to contact me if you have any further questions or need legal assistance.
Sincerely,
Lina Strauss, Criminal Defense Attorney
