An experienced and success-oriented defense is of existential importance in the event of imminent and ongoing pretrial detention. For the accused in criminal proceedings, but also for his relatives and friends, pretrial detention is a radical encroachment on civil liberties and a continuous stress test with far-reaching consequences. As a criminal defense law firm, defense during pretrial detention is one of our absolute core competencies. You can reach us here not only during our office opening hours but also via our emergency number.

What exactly does pretrial detention mean?

Pretrial detention is regulated in Sections 112. When ordering, the court assumes a so-called “urgent suspicion” against the accused. This means that the court is currently assuming that a later conviction for a crime charged with the accused is very likely. In addition, from the point of view of the court, there is a so-called reason for detention; this can be, for example, a so-called risk of escape. If these conditions are met, the court will issue an arrest warrant, which will be carried out through pretrial detention.

What grounds are there, and when are they accepted?

In addition to the already mentioned risk of escape, there is the risk of darkening and the risk of repetition. There are, therefore, three different reasons for detention:

• In the case of the risk of flight, it is assumed that the client will very likely evade court proceedings or any subsequent execution of sentences. This means that, from the point of view of the law enforcement authorities, he will evade legal proceedings and will not appear at a court date or will not obey a summons to begin a criminal offense and thus evade the execution of a prison sentence.
• On the other hand, in the case of the risk of obscuration, it is assumed that the client will very likely influence evidence in his favor in an inadmissible manner. This can be done, for example, by intimidating witnesses and pressuring them not to make incriminating statements. Evidence in the form of documents could also be put aside or destroyed to prevent access by the investigating authorities and make it more difficult to deal with the case. Which actions are permissible and do not justify the assumption of the risk of obscuration should be discussed in detail with your lawyer who specializes in criminal law or us.
• The court assumes if there is a risk of recurrence that it is very likely that the client will re-commit the offense accused of him. If, for example, he is accused of trafficking in narcotic drugs in large quantities, it is assumed that he will trade in narcotics again. The risk of repetition is often assumed with a corresponding criminal record or previous entry. Here, too, it is important to discuss the possibilities with us to counteract the assumption of the risk of repetition.

In principle, the competent court can assume several reasons for detention. Corresponding countermeasures must be taken here, or the defense must be set up in such a way that the reason (s) for arrest no longer applies so that the arrest warrant is canceled or at least suspended.

Who decides on the arrest warrant? Who issues the arrest warrant?

In principle, the public prosecutor applies to the competent court for the arrest warrant to be issued. The competent court or judge is the investigating judge at the competent local court before the indictment is brought. The investigating judge examines the public prosecutor’s request for an arrest warrant to determine whether it is well-founded.

Should the competent judge accept this, he will issue the arrest warrant requested by the public prosecutor’s office. Subsequently, the arrest warrant is announced to the client, i.e., it is made known to him. This happens either in the court’s announcement rooms or – especially on weekends or in the evening – in the announcement rooms at the local police station with the responsible judge.

The promulgation of the arrest warrant is particularly relevant for further criminal proceedings, where you will have the opportunity to express yourself. In order to avert the execution of the arrest warrant, this should be discussed in detail with us. Each of your statements can have a significant – often very negative – influence on the course of the criminal proceedings so that the undefended accused should regularly be advised without giving his defense lawyer any information.

Of course, we accompany our mandates to issue an arrest warrant in order to prevent enforcement as far as possible. After the client has had the opportunity to comment, the judge will decide on the execution of the arrest warrant. Each of your statements can have a significant – often very negative – influence on the course of the criminal proceedings so that the undefended accused should regularly be advised without giving his defense lawyer any information. Of course, we accompany our mandates to issue an arrest warrant in order to prevent enforcement as far as possible.

After the client has had the opportunity to comment, the judge will decide on the execution of the arrest warrant. Each of your statements can have a significant – often very negative – influence on the course of the criminal proceedings so that the undefended accused should regularly be advised without giving his defense lawyer any information. Of course, we accompany our mandates to issue an arrest warrant in order to prevent enforcement as far as possible. After the client has had the opportunity to comment, the judge will decide on the execution of the arrest warrant.

How can I prevent an arrest warrant?

As part of the announcement of the arrest warrant, the judge will decide whether the arrest warrant against the accused is valid or whether it is suspended or, at best, revoked. A previous discussion of the facts with a criminal defense attorney greatly increases the chances of the accused to successfully face the judge and to make the right arguments at the right time so that imprisonment is prevented.

In these cases, we always discuss with our clients in advance whether and which options exist to offer a deposit or whether the client could meet reporting requirements. After inspecting the files, we can assess with the client whether admission can lead to a possible exemption from detention. Particularly sensitive procedures must be taken regularly here, as the information once given to a judge is noted in the file and cannot be withdrawn. In some cases, it is also advisable to only provide information about the living situation.

Ultimately, advice from a lawyer is essential in any case and, due to the fact that it is a matter of encroaching on the accused’s rights to freedom, it is also strongly recommended. In cases where you already know positively that an arrest warrant has been issued against you, but you are still at large, the possibility of self-assessment by the police or the judge can also lead to a more benevolent decision. Such an option, in particular, should be discussed in detail with your defense lawyer beforehand.

Can anyone find out if I have an arrest warrant?

This is often difficult, especially without a criminal law attorney. Since the investigative authorities often rely on the element of surprise when issuing arrest warrants, you will not be informed in advance that you have been written out for arrest. If you have the impression that there is an arrest warrant against you, for example, because you have heard from family members or neighbors that the police are looking for you, we are, of course, there for you. After a mandate, we immediately contact the relevant investigative authorities and, in many cases, can tell the client whether he has been issued for arrest by granting access to the files. In some cases, even a short-term telephone request from us leads to success. Should be true

How long can pretrial detention last?

This question cannot be answered across the board and is not least related to the complexity/severity of the charge against the client—the pretrial detention order, according to 112, is in most cases issued before the indictment is drafted and is intended to ensure that the client remains in custody until the court appointment. Waiting for the indictment, without which the court cannot set a date for the main hearing, can take a few weeks.

Following this, the court will formally serve the indictment and set a date, which can again take a few weeks. The question of pretrial detention will then be decided again at the main hearing. As a rule, it can be assumed that the main hearing will be scheduled within 6 months – counting from the date of arrest – since, from this point in time, a review of the pretrial detention would be due ex officio.

However, there is no legal time limit for pretrial detention. In each individual case, the so-called proportionality of an ongoing pretrial detention order must always be checked. The proportionality of a pretrial detention order can be denied, for example, if the duration of the pretrial detention is disproportionate to the charge. We can also have an arrest warrant canceled or enforced if the prosecution authorities have not sufficiently pursued or accelerated the proceedings. Due to the major cuts in the personal area of ​​life, everything should be done to put the client back on “free foot”. In addition to the acquittals, these successful cases are the “salt in the soup” for us.

Can I influence the length of my pretrial detention?

First of all, you should contact us immediately without hesitation in order to set the right course after we have discussed the facts and the criminal charges made against you. During pretrial detention, the client is only able to act to a very limited extent. In this respect, one is dependent on the trustworthy support of the defense attorney in order to initiate the necessary steps so that the prison term is as short as possible.

In addition to the legal remedies of the detention review and appeals, it can have a positive effect, for example, to try to arrange a quick hearing at the court, since the question of pretrial detention is re-examined during an appointment with the court. In these cases, we always try to arrange a short-term appointment with the responsible judge by phone in order to avoid excessively long waiting times. In order to achieve a quick appointment, we regularly keep short-term capacities free for our clients in these cases. In some cases, we can have the arrest warrant lifted in advance by providing suitable conditions (bail/reporting requirements) so that you can be released from custody.

How can I defend myself against pretrial detention?

As legal remedies against pretrial detention, the detention complaint and the detention review are available. The choice and the time of the legal order should ideally be agreed upon with us beforehand. In the event of a mandate, we will discuss the legal remedies in detail with you and work out the best possible course of action together with you.

What is a detention test? What does a detention test mean?

The detention test is regulated in  117 StPO and has priority in relation to the detention complaint. A detention check does not take place automatically but is requested by us for you. This is a non-public appointment in which we are given the opportunity to clear up the suspicion against you and/or the reason for detention. The aim of a detention review is regularly to repeal or at least to have the warrant out of action.

An appointment for the detention test must be arranged quickly – namely, two weeks after the legal warrant has been lodged. We also try directly to get an appointment with the court as early as possible. This means that the detention test is usually the faster legal remedy compared to a complaint.

Who is responsible for the detention check?

The investigating judge at the district court, who also issued the arrest warrant, is responsible for carrying out the detention check before the indictment is brought. Once the indictment has been brought, the competent court or panel to which the indictment was brought is responsible.

What is a detention complaint? What does a complaint mean?

The detention complaint is regulated in 307  and is always inadmissible if there is still an application for a detention review that has not yet been decided. The complaint procedure is a purely written procedure. Here we present in writing for you the reasons why the pretrial detention is to be ended.

Who is responsible for deciding on the appeal?

The investigating judge of the local court is responsible for the decision on the appeal before the indictment is brought; then the panel to which the public prosecutor has brought charges. In response to our written submission, the judge is now able to terminate the arrest warrant and thus also the pretrial detention. If he does not do this, he will submit the file to the next higher instance (e.g., the district court to the regional court), where our arguments will be examined again. It should be noted, however, that a complaint can only be filed once so that the time for maximum success should be discussed with us.

How should I behave while in custody?

In the event of such a drastic event as pretrial detention, it is always advisable to contact us immediately so that we can work out a defense strategy with you in a timely manner that includes rapid action against pretrial detention. As soon as you have reached the correctional facility, you will be given a telephone call with your defense lawyer, which you should use to contact us directly. After the mandate, we will go to you in the correctional facility as soon as possible to discuss the defense strategy together. If you do not appoint a defense attorney, you must assume that after one or more weeks, the court will provide you with a defense attorney whom you can only change at a cost.

Can I have visitors while I am in custody?

First of all, it should be noted that we can visit you as a criminal defense lawyer without restrictions. With regard to visits by relatives and friends, it must first be determined whether the arrest warrant provides for restrictions on the right to visit. These restrictions could, for example, be designed in such a way that only monitored visits are permitted. The court can order that so-called visit permits must be obtained before a visit or that certain persons are denied the visit. Here, too, we are at your disposal, for example, to obtain permits for you to visit.