Anyone accused of a crime or already charged is in an exceptional situation. How should I behave? What are the next steps? Most people affected ask many questions that fall within the field of activity of a criminal defense lawyer.
If criminal proceedings or investigations by law enforcement authorities occur, those affected can and should seek legal support. You have the right to speak to a criminal defense lawyer or a specialist in criminal law at any time. But what does criminal defense mean? What support can those affected expect? What does good criminal defense cost? – We clarify these and other questions in this article.
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What is a criminal defense lawyer?
In criminal proceedings, the term criminal defense lawyer is often used, while colloquially the term lawyer or attorney is more common. Criminal defense lawyers are also attorneys, i.e., fully qualified lawyers who have completed a law degree.
They advise, represent, or defend clients in criminal proceedings and take on the role of so-called legal counsel. One of their most important tasks is to provide professional support to the accused during an investigation and criminal proceeding.
Good to know: In many criminal proceedings, mandatory legal representation applies. This means that a defendant must have a criminal defense lawyer by their side who can act on their behalf in court. The reason: Both the court and the public prosecutor’s office are legally trained and have years of experience with various criminal trials, which defendants often do not. To create a balance here, the accused should be supported by criminal defense lawyers.
How do you become a criminal defense lawyer?
To become a criminal defense lawyer, you must go through and successfully complete a law degree. The study of law, as it is officially called, is completed at a university in Germany and has a standard period of study of 9 semesters. This is followed by the First State Examination: This consists of a university part and a state part. Law students must write a variety of exams in the fields of criminal law, public law, and civil law and take oral exams. Once this is achieved, you are considered a graduate lawyer (Diplomjurist), but you are not yet allowed to work as an attorney. For this, it is necessary to complete a clerkship and pass the Second State Examination. During the 2-year clerkship, various stages are completed:
- Court
- Public Prosecutor’s Office
- Administrative Authority
- Law Firm
Here, aspiring lawyers learn the practical aspects and gain experience in the various legal professions. Following the clerkship, the Second State Examination is due, with several written exams and an oral exam. If you pass this as well, you can call yourself a fully qualified lawyer (Volljurist) from then on. To work as an attorney or criminal defense lawyer, admission by the responsible Bar Association must still take place – in most cases, however, this is a mere formality.
Duties and obligations of a criminal defense lawyer
The duties and obligations of a criminal defense lawyer are diverse. Fundamentally, criminal defense lawyers are always on the side of the client, i.e., usually on the side of the accused. They ensure that the client receives a fair trial. Although both the court and the public prosecutor’s office are obliged to also bring forward evidence that may exonerate the accused, the reality is often that only incriminating circumstances are discussed. A criminal defense lawyer therefore has the task of restoring this balance and also checking whether procedural principles are being observed. They can also highlight exonerating facts in the trial themselves and thus actively contribute to a fairer judgment.
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The relationship between the criminal defense lawyer and the accused
The task of the criminal defense lawyer is to establish a balance between the legal knowledge of the investigative authorities and the inexperience of the accused or defendant. The criminal defense lawyer and the accused therefore play, so to speak, “on the same team.” The criminal defense lawyer does everything in their power to help their client achieve success in their proceedings.
For this, a certain basis of trust is of great relevance. Specifically, this means:
- Accused persons should always speak honestly with their criminal defense lawyers, as every piece of information can be relevant to the outcome of the proceedings. Withholding information often only leads to a disadvantage for the accused.
- Criminal defense lawyers, like attorneys, are subject to attorney-client privilege. They must fundamentally remain silent about everything they learn as a criminal defense lawyer. The fear that criminal defense lawyers could use this knowledge against their clients is therefore unfounded.
- Mutual trust creates a good relationship and makes the work of both sides easier. Especially in criminal trials, it is important to be able to rely on each other. This includes not only the criminal defense lawyer doing good work but also the accused adhering to what was discussed (for example, remaining silent).
- Through detailed discussions, dangers can be identified, important insights gained, and good arguments for developing the defense strategy can be found.
- For a conviction, it is crucial whether the commission of the act can be proven beyond a reasonable doubt. If proof is not possible, the presumption of innocence applies to the accused. Achieving this is the task of the criminal defense.
Criminal defense lawyers are active in these legal areas
Criminal defense lawyers do not necessarily have to be specialized lawyers in criminal law. In principle, any admitted attorney can represent their client in criminal court.
Nevertheless, it makes sense to look for a specialized lawyer for criminal law in an emergency, who has years of experience with criminal trials and knows the specifics of criminal law. A criminal defense lawyer can be active in all areas of criminal law or have specialized in certain criminal law areas:
- Narcotics law
- White-collar criminal law
- Sexual criminal law
- Property Criminal Law
- Environmental criminal law
- Juvenile criminal law
- Medical criminal law
- Homicide offences
- Traffic criminal law
- Cybercrime law
This list is not exhaustive but serves as a rough guide. Not all offenses are found in the Criminal Code (StGB), but also in separate laws, such as the Narcotics Act (BtMG) or the Military Criminal Code (WStG).
Public defender or defense lawyer of choice: What are the differences?
Criminal defense lawyers can be appointed as public defenders or defense lawyers of choice. However, their duties, rights, and obligations do not change as a result.
Defense lawyers of choice are appointed voluntarily by clients. This is possible, on the one hand, if mandatory legal representation does not exist in court, but the defendant nevertheless decides to mandate a criminal defense lawyer. The defendant can freely choose this criminal defense lawyer (so they have the “choice”). The investigative authorities must give the accused the opportunity to contact and mandate a criminal defense lawyer of their choice at any time.
Furthermore, there are cases of so-called “necessary defense,” in which a defense lawyer is mandatory. Here, too, the accused must be given the opportunity to mandate a defense lawyer of their choice to represent them in court. However, if the accused does not do so, a so-called public defender is appointed by the competent court. This person can also be selected by the accused themselves. If the accused does not select a lawyer, the court can appoint any available attorney, who then has to represent and advise the accused.
How much does a criminal defense lawyer cost?
How much a criminal defense lawyer costs in the course of a proceeding cannot be answered in general terms, as every proceeding is different.
The remuneration for legal work can be based either on the statutory fee elements of the Law on the Remuneration of Attorneys or on the basis of a fee agreement.
The conclusion of such a fee agreement is always free for the lawyer and client, but is subject to certain legal requirements (Section 49b of the Federal Lawyers’ Act, Sections 3a to 4b of the Law on the Remuneration of Attorneys).
Good to know: A public defender is always appointed, even if the defendant does not have the financial means to afford a defense. Unlike in civil proceedings, there is generally no legal aid in criminal proceedings, with a few exceptions. The defendant must bear the costs of the defense lawyer themselves if there is a conviction or a dismissal of the proceedings. It is different only if there is an acquittal: in this case, the state treasury bears the costs.
When do I need a criminal defense lawyer?
As soon as you first learn of an accusation against you, you should contact a criminal defense lawyer and seek legal advice. Usually, you are already being investigated at this point. An experienced criminal defense lawyer can intervene with a good defense strategy and steer the proceedings in your favor.
Often, a criminal accusation is not perceived as serious and is therefore taken lightly. However, this can have significant consequences for the professional and social environment. It is not uncommon for accusations to affect residency status under immigration law, weapons/hunting licenses, civil service status, driver’s licenses, or business licenses. To recognize these dangers, comprehensive legal advice from a criminal defense lawyer is usually required. The goal is to identify risks, counteract them, or at least prepare the person affected for them.
It is important that you should never speak to the investigative authorities without legal counsel. Even if you are convinced of your innocence, it is dangerous to make a statement to the police alone and unprepared. The risk is high that you will incriminate yourself through a statement to the police and thus contribute to your own conviction, even without realizing it.
Therefore, you should have a lawyer cancel a police summons, refuse to make a statement, and instead contact a defense lawyer who will take on your case. If you appear for a summons or if a search occurs, exercise your right to remain silent and contact your lawyer as soon as possible.
Our experienced criminal defense lawyers are happy to support you in your case at any time. Even if your situation may seem hopeless, we will always find a solution together. We try to help you obtain your rights in the best possible way through our expertise and years of experience in criminal law. Therefore, contact us at any time for a non-binding initial consultation.
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