A Summons from the court is regularly of great importance and should always be taken particularly seriously. Often you will have already received mail from the police or the public prosecutor’s office in the case of a subpoena by the court; however, in some cases, a subpoena can catch you unprepared.

What is the reason for my subpoena by the court?

A distinction must first be made here between a summons as a defendant and a summons as a witness. In what capacity you have been summoned, results from the court summons.

If you have been summoned as a defendant, criminal proceedings are pending in the court against you. At the main hearing, you will then have the opportunity to raise the previously served charges on which you

have been to comment. There is also the possibility that witnesses have been summoned to your summons or are still being summoned.

If you have received a summons from the court as a witness, you should report to an incident you, e.g., could observe and provide information.

Do I have to show up for the appointment?

For example, if you receive a summons from the Düsseldorf or Mönchengladbach regional court, you must always appear at the appointment, regardless of whether you have received a summons from the court as a defendant or a witness.

What are the disadvantages if I fail to appear at the court hearing?

There is always a risk of significant disadvantages if you fail to comply with a summons from a court.

If you, as a defendant in criminal proceedings, do not appear on the scheduled date, the court can – depending on the gravity of the allegation – order that you be brought to the appointment or the next appointment with the police to issue a criminal warrant or even an arrest warrant against you. If you do not comply with the court’s summons as a witness, the court can impose a fine on you. This can quickly amount to a few hundred euros. Also, the court may impose the costs of the appointment on you, i.e., it would be possible that you have to bear the costs that have arisen from arranging the appointment and possibly the arrival of other witnesses. The court can also order to be taken to the court for the (next) appointment with the police.

What should I do if I receive a summons from the court?

As a defendant, if you have received a summons to a court hearing, you should contact your defense lawyer as soon as possible. Legal advice in the context of (pending) criminal proceedings is one of our core competencies, and we are happy to advise you not only at our locations in USA but also nationwide. Since the main hearing is regularly “about everything” for the accused, prior detailed processing of the files by us and detailed consultation with the definition of the defense objective is advisable and necessary.

If you receive a summons from the court as a witness, it makes sense to seek legal advice in cases where you, as the injured party, want a joint plaintiff or want to assert claims for pain and suffering. In addition, you could run the risk of incriminating yourself with your testimony, so that you could be entitled to refuse to provide information. This should be discussed with your criminal defense lawyer or a lawyer specialized in criminal law, at least in cases of doubt.

What can I do if I am prevented?

If you are prevented from attending, you must always react with particular care, as all summons by the court are generally binding.

If, as a defendant, you are prevented from attending the scheduled appointment due to work or vacation, for example, this is initially not a sufficient reason for the court to postpone the appointment. If you have already booked a holiday abroad before receiving the cargo, it makes sense to consult the court early on, which we will be happy to take over for you.

However, in cases in which you have only booked a trip after receiving your summons, the court will regularly fail to comply. The same applies to prevention through work; Here too, the court summons takes precedence over your professional obligations. If you, as the defendant, are ill on the date of the appointment, it is to be expected that the court will not simply cancel the main hearing. In any case, it is a certificate that should meet special requirements. This can and will still be checked by the judge.

We are at your disposal for details and, given the potential disadvantages, we strongly recommend that you seek legal advice beforehand. If you as a witness are prevented from attending the appointment set by the court, a distinction must also be made here. If the prevention (e.g. vacation) was already established at the time of the summons, you should notify the court promptly in writing or by telephone. The court will now decide whether to unload or reload for you.

However, should the prevention only arise after receiving your cargo (e.g. vacation), the court often no longer complies with your request for unloading or reloading. Here too, a professional obligation is always subordinate to the summons you received from the court.