How does a criminal proceeding proceed and what are the individual steps?
March 4, 2022 | 40,00 EUR | answered by Lukas Schlüter
Dear Criminal Defense Lawyer,
My name is Verena Bittner and I have a question regarding the process of a criminal proceeding. My brother was recently accused of theft and I am very worried about him. He was questioned by the police and now I am wondering what will happen next and what steps will be taken in the criminal proceeding.
I am unsure if I, as a family member, will be informed about the current status and what consequences my brother may face. I am concerned that he may have to go to prison and how long the criminal proceeding will take. I feel helpless and I would like to understand what rights and obligations my brother has and what I can do to support him.
Could you please explain to me in detail how a criminal proceeding works and what specific steps are taken in this process? I would be very grateful if you could suggest possible ways in which I can support my brother in this difficult situation.
Thank you in advance for your assistance.
Sincerely,
Verena Bittner
Dear Mrs. Bittner,
I understand your concern for your brother and would like to help you better understand the criminal proceedings and the steps involved.
A criminal proceeding usually begins with a report to the police. Your brother has already been questioned to present his side of the story. The next step will be for the prosecution to start the investigations. This will involve gathering evidence, questioning witnesses, and reviewing the case to decide whether to initiate criminal proceedings.
If the prosecution determines that there is enough evidence, charges will be brought and there will be a court trial. This is where the guilt or innocence of your brother will be decided. It is important to know that your brother has the right to speak, to consult with a lawyer, and to defend himself in court throughout the entire process.
As a family member, you generally do not have the right to information about the current status of the proceedings. However, your brother can decide whether he wants to inform you. It is advisable to talk to him about your concerns and fears and offer him your support. For example, you can help him find an experienced defense lawyer or provide emotional support.
When it comes to the potential consequences of a theft, it is important to differentiate. The punishment depends on various factors, such as the amount of damage, your brother's criminal record, and his cooperation during the proceedings. In the worst case, a prison sentence could be imposed, but this varies from case to case.
A criminal proceeding can take some time, depending on the complexity of the case and the workload of the court. It is important to be patient and trust that justice will prevail. During this time, it is important for you and your brother to support each other and stick together.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Lukas Schlüter
