Law Legal advice and information on lawyer criminal law


Law Legal advice and information on lawyer criminal law. At the latest at the hearing form or the indictment, one asks oneself the question: Do I need a lawyer for criminal law now? And how does it work at all? The lawyer in criminal law is an independent body of the administration of justice. He has a liberal profession. In Germany, only those who have the qualification to become a judge can become a lawyer, i.e. after a successful 2nd state examination. 

Everyone has the right to a lawyer's defence in criminal proceedings. But can't you do it alone or what if you don't have money for a criminal defense lawyer? What is a public defender and when must he be assigned? When do you need a lawyer in criminal law? 

The mixture of barely verifiable judicial "discretion" in the judgment, only a few supervisory authorities and the instruments of power available to the prosecution authorities (arrest warrant, search, public search, etc...), makes the criminal proceedings very quickly an ocean adventurer that allows many decisions in both conceivable directions from fair weather to severe weather, which in the worst case can no longer be revised. 

To get to the point: Yes! You absolutely need a lawyer in criminal proceedings, even if a lawyer obligation is only mandatory in the case of moderate and serious crime. Apart from the profound consequences of criminal proceedings such as imprisonment, entry in the certificate of good conduct, publicity, family and labour law consequences, one should always consider the following: A lawyer has received the same training - to be exact, even exactly the same degree - as a judge or prosecutor, all lawyers have the qualification to become a judge. 

In principle, the lawyer knows just as well as a judge or prosecutor and usually knows the legal problems or challenges of a criminal case very well. Also, the lawyer basically has a completely different "line" to the judge and prosecutor, precisely because he himself is a lawyer and meets the latter on his own level. 



As a rule, the lawyer knows when it is worthwhile to hook in, to address legal questions and problems or to exhaust criminal procedural possibilities. But he also knows when and to what extent it makes sense to cooperate with the law enforcement authorities. 

Ultimately, it is also a question of fair starting conditions, because as a legal layman to be opposed to a prosecutor and a judge without a lawyer, even with the neutrality of both legal organs offered in theory, cannot be described as fair for someone who has no in-depth knowledge of criminal law. 

Does one always have the right to a criminal defence lawyer if a criminal offence is suspected? Yes! "You have the right to a defender." Make use of this right! Hire a criminal defense lawyer! If you now object that you could make yourself suspicious of this, you must keep in mind that you already are for the police officers. 

Otherwise, you would not be the accused of criminal proceedings. At this stage, it is no longer a question of not making oneself suspicious, but of refuted the already existing suspicion. 

Hiring a criminal defense lawyer is not an admission of guilt, but an expression of professionalism. Even if you think you are wrongly exposed to a criminal investigation, you should make full use of your rights. The criminal defense lawyer is important because he is a counterweight to the investigating authorities. He can advise you objectively and thus help you to make the right decisions. 

In addition, the criminal defense lawyer commissioned by you will have access to the file and thus find out what you are specifically accused of, what incriminating evidence is available, etc. 

On the basis of this information, a defence strategy tailored to the specific case can be designed. This is the only way to ensure that suspicions can also be eliminated in a targeted manner. (by lawyer Sebastian Conzen)

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