Receiving a summons: what now?

What does a summons mean for your criminal case?

The Public Prosecution Service submits an accusation to the judge with a summons. The judge then reviews the case. This differs from an invitation for an interview with the police: the investigation has now reached a point where a legal hearing is planned. In the overview of the criminal procedure you can see how this step connects to the previous investigation.

Check which role you are being called into. This explanation is about a suspect. A call as a witness entails different rights and obligations. A criminal order is also slightly different: it is issued by the Public Prosecution Service and, in the event of disagreement, it provides the route of resistance. The name of the document therefore partly determines which next step applies to your situation.

Read the accusation and the practical data separately

First search for the public prosecutor's office number or case number, the court, the location, the date and the time. Use the case number when contacting the court or your lawyer. Save all pages, attachments and the envelope. Also note when and how you received the document. This simple administration prevents it from becoming unclear later which call or version you discussed.

Then read the indictment: the legal description of the accusation. Look at the conduct mentioned, period, place and any co-suspects. A formulation can contain multiple legal options. Highlight words you don't understand and discuss them with a lawyer. A recognizable name of a criminal offense does not in itself tell you which elements need to be proven in your case.

A summons is not a complete file

The accusation and the material on which it is based are different things. As a suspect, you in principle have the right to inspect the case documents. This may contain, for example, statements, official reports and research results. Discuss how you can gain access and whether relevant documents are missing. A judgment about the case based on the summons alone leaves important information out of view.

Create a short timeline for the conversation with three columns: what you remember, what a document mentions and what you don't know yet. Save original messages or other potentially relevant data. Don't try to iron out differences afterwards. Rather, write down exactly what you have questions about, for example in a statement from an earlier police interrogation or in events surrounding your arrest.

Arrange help before the court date approaches

A lawyer can translate the summons into concrete questions: what is alleged, which documents are needed, which requests require attention and how do you prepare for the hearing? In many criminal cases involving adults, a lawyer is not required, but age, deprivation of liberty and the type of procedure may lead to different rules. Therefore, have your position assessed separately.

Ask immediately what activities the lawyer will undertake and what agreements apply regarding accessibility and payment. You do not pay court fees for a criminal case, but legal assistance may incur costs. View the explanation about lawyer costs and subsidized legal assistance. An addition and any personal contribution depend on the applicable scheme and your circumstances; a low income is not an automatic confirmation.

Whether you have to appear yourself requires a separate check

Do not rely on the general statement that every adult can stay away. Special rules apply to minor suspects, the judge can order personal presence and in the case of certain serious crimes, detained suspects are legally obliged to appear. Discuss what your call and situation mean. Anyone who cannot attend due to illness or another obstacle must let us know in good time.

If treatment is permitted without your presence, an authorized lawyer can conduct the defense. Without the presence or appropriate representation, the judge may hear the case in absentia in certain circumstances. Absence does not automatically undo the procedure. Also think practically: what information about your personal circumstances do you want the judge to understand, and how is this presented in a careful manner?

Asking for an extension is different from receiving an extension

A request for a postponement is also called a detention request. In the event of a serious impediment, contact your lawyer or the clerk's office as soon as possible. State the case and the reason, and ask what substantiation is required. The judge decides; Sending a request does not automatically change the hearing date. Inquire about the decision and remain available for notification.

Requests regarding witnesses, experts or an interpreter also deserve early attention. Separate conditions and terms may apply for this. Nor is an objection to the summons a standard response available in every proceeding. Have the applicable option and term checked immediately if you think you have been wrongly summoned. A general letter stating that you are innocent does not replace such a formal step.

Hypothetical example: a difference in the timeline

Suppose someone receives a summons for an incident on a Friday evening. The period mentioned is extensive. In your own agenda there is an appointment that may be relevant, but the recipient is no longer sure what time it ended. This is a made-up example, not a description of a real case or prediction of a legal outcome.

A useful preparation consists of keeping the agenda, noting your own uncertainty and discussing the documents on which the Public Prosecution Service bases itself. The question is not only whether the agenda mentions a different time, but what that fact can actually demonstrate. In this way, a feeling that the accusation is incorrect is translated into a verifiable question for the defense.

Also prepare the hearing day and the follow-up

Check the visit information of exactly the location in the call. Take a valid ID and the summons with you, schedule time for access control and report to the indicated counter or usher. Please tell us in advance if you need language support or a facility due to a disability. The house rules and practical facilities may differ per courthouse.

During the treatment, the file, the positions and the personal circumstances are given attention. The demand of the Public Prosecution Service is not the decision of the judge. Afterwards, ask when the decision will come and how you will receive it. If you want to have a ruling assessed, read about appeal and have the term checked immediately. Questions about possible judicial registration also deserve their own assessment.

Checklist for the first conversation about your summons

Collect the points below in one folder. You do not have to write a legal argument yourself. The goal is for a lawyer to quickly see what is going on, what information is missing and what actions cannot wait. You can start looking for suitable assistance via the page find a criminal lawyer.

• Keep the complete summons, attachments and envelope; record receipt and case number.
• Provide a clear overview of the hearing date, location and contact details.
• Highlight unclear allegations and create a factual timeline with open-ended questions.
• Discuss file inspection, attendance, possible requests and costs.
• Ask who performs which action and when you will receive confirmation.

From a received letter to a correct preparation

A summons before the police judge concerns a criminal case before one judge, who handles simple criminal cases. Within criminal law, the subdistrict court judge mainly deals with violations and also the crime of poaching. The Case law describes these various criminal proceedings. The name subdistrict court judge does not therefore mean that the call concerns a civil monetary claim. Read which case and which role are actually included in your summons; the type of judge alone does not determine what registration or punishment will follow.

Don't just start writing your own defense. First identify which case documents are available, which investigation still seems necessary and what decision the judge must make. A timeline and a list of verifiable questions make a conversation with the attorney more purposeful than a long, disorganized email.

If you cannot come on the scheduled date, read the separate explanation about postponement of a criminal hearing. The application, substantiation and confirmation are central. In the case of a minor suspect, it must also be considered which summons applies to the young person and to the parents; see juvenile justice.