Received a summons? This is what it means and what you should do.
Have you received a summons from the Public Prosecutor's Office? This means that you are being summoned to appear in court in a criminal case. For many people, this comes as a shock. The content is often legal and unclear, while the consequences can be significant.
Every day, people search for terms such as "received a summons, " "what does a criminal summons mean, " and "do I have to go to court." In this blog, we explain what a summons is, what it contains, and why you should immediately engage a criminal defense attorney.
What is a summons?
A summons is an official document from the Public Prosecutor's Office stating that you are suspected of a criminal offense and must appear in court. The summons includes the following information:
what criminal offense you are accused of,
when and where the hearing will take place,
which court will hear your case,
what evidence the Public Prosecution Service believes it has.
A summons means that your case will actually be heard in court.
Do you always have to attend the hearing?
In principle, you are required to appear at the hearing. If you fail to do so, the judge may:
hear the case in absentia,
or issue a summons to appear.
In some cases, your lawyer may:
appear on your behalf,
or have the case adjourned.
Never decide on this yourself without legal advice.
Is a summons always valid?
No. A summons must meet strict legal requirements. In practice, it often happens that a summons:
legally unclear,
insufficiently described in factual terms,
or contains procedural errors.
A criminal lawyer can assess whether:
the summons is invalid,
whether a defense against the prosecution is possible.
This could have major consequences for the further course of the criminal proceedings.
What can you expect at the hearing?
During the hearing:
the judge reads out the case,
you will have the opportunity to respond,
your lawyer can mount a defense,
the public prosecutor formulates a sentence demand.
The judge sometimes gives a ruling immediately, but often the ruling is given at a later date.
Why hire a criminal defense attorney immediately?
A summons is not a formality. It is the starting point for the substantive hearing of your criminal case. An experienced criminal defense attorney:
analyzes the summons and the case file,
assesses the burden of proof,
raises formal and substantive defenses,
works toward acquittal, reduction of sentence, or dismissal.
Anyone who goes to court without a lawyer is almost always at a disadvantage.
Received a summons? Don't wait around
The sooner you seek legal advice, the greater the impact on the course and outcome of your criminal case. Even if the hearing is coming up soon, a lawyer can often still make a significant difference.
Have you received a summons and are you looking for legal assistance? Contact us immediately for a free, no-obligation consultation. We will put you in touch with a specialized criminal defense attorney.