Arrested in Germany: What Now? A Guide for English Speakers
An arrest at night, a police letter in German, a court order with a deadline you do not understand – being accused of a crime in a foreign country is overwhelming. Whether you are a tourist, a business traveller, a student or an expat living in Munich: German criminal procedure works differently from what you know from home, and the first steps often decide the outcome. It is not right that language and unfamiliar rules should put you at a disadvantage. This guide gives you an overview and leads you to the detailed articles for your situation.
What should you do immediately after an arrest in Germany?
Stay calm and use your rights. You only have to give your personal details – nothing about the allegation (§ 136 StPO). You are entitled to a lawyer, a free interpreter and to have your consulate and a relative informed. Do not sign anything you do not understand. You must be brought before a judge by the end of the day after your arrest at the latest.
Will you be released or held in custody?
That depends on the allegation and on your ties to Germany. For minor offences, visitors without a residence here are usually released against a security deposit. For more serious charges, the judge may order pre-trial detention because of a risk of flight – but milder measures such as bail must be considered first.
German criminal procedure differs from what many visitors know from home – the first hours after an arrest set the course.
How does a criminal case in Germany proceed?
Most cases follow the same stages. The table shows where you may be right now – and which article explains your next steps in detail.
| Your situation | What it means | Read more |
|---|---|---|
| Police asked you to pay money after an arrest | Security deposit – not a fine, not a confession | Security deposit for foreign suspects |
| You or a relative are in custody | Arrest warrant, risk of flight, bail | Pre-trial detention in Germany |
| You received a letter from the police | Summons or questionnaire – as a suspect, you need not attend | Police summons and right to silence |
| You received a Strafbefehl from a court | Conviction without trial – two-week deadline | Penalty order in Germany |
Which charges do English speakers face most often in Germany?
In our practice in Munich, a few allegations come up again and again – after nights out, football matches, concerts or Oktoberfest, but also in everyday life:
- Assault after a punch or a scuffle – see assault charge in Germany
- Dangerous bodily harm with a beer stein, glass or bottle – see beer stein and bottle assault
- Resisting police officers during an arrest or check – see resisting police officers in Germany
- Assaulting a police officer – see assaulting a police officer in Germany
- Cannabis in banned zones, above the limits or brought across the border – see cannabis rules in Germany
- Cocaine, MDMA and other drugs – see cocaine and MDMA possession
Can you handle a German criminal case from abroad?
In many cases, yes. A defence lawyer can request the file, communicate with the prosecutor and lodge objections on your behalf. After an objection to a penalty order, your lawyer can even represent you at trial (§ 411 StPO). What matters is that court mail reaches you in time – so make sure you know who your authorised recipient in Germany is.
Many criminal cases in Germany can be handled from abroad – by phone, e-mail and video call with your defence lawyer.
What if you live and work in Germany?
For expats and international students, a criminal case can affect more than the penalty: your certificate of conduct, your job, your residence permit, your driving licence or a later naturalisation. For residents, the key question is often how to avoid a conviction altogether – or at least keep the penalty below the thresholds that matter for these areas.
How can a criminal case in Germany end?
Not every case ends in court. Many investigations are dropped – for lack of evidence, for minor guilt or against a payment (§ 153a StPO). Others end with a penalty order or, for more serious allegations, with an indictment and a trial. Which route your case takes depends heavily on the first weeks – and on whether you spoke to the police.
How can I help you as an English-speaking defence lawyer in Munich?
As a specialist criminal lawyer (Fachanwalt für Strafrecht) in Munich, I defend clients from Germany and abroad – in English. I attend detention hearings, request the file, handle all communication with police, prosecutors and courts and explain every step in plain language. The goal, at best, is that your case is dropped and your time in Germany is remembered for the right reasons.
What are the defence lawyer’s final tips?
Defence lawyer’s tip 1: The earlier you involve a lawyer and the earlier they can steer the case, the better the results that can usually be achieved in your investigation or criminal proceedings.
Defence lawyer’s tip 2: Always make use of your right to remain silent! It is one of your most important rights as a suspect. You do not have to incriminate yourself. Do not make any statement about the allegations. Do not attend a police summons for questioning either – contact a lawyer specialising in criminal law first.
Please do not talk to the police – talk to me!
Next steps:
- Contact me at +49 89 228433-55.
- You receive an appointment within 48 hours.
- We discuss your case, including an assessment of your prospects.
- Once instructed, I request access to the case file.
- As soon as the file is available, we plan our strategy together.
