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KLAMERT & PARTNER

Criminal Defense Attorney in Munich — Representation in Criminal Proceedings

Anyone looking for a criminal defense attorney in Munich usually has a specific situation on their hands: a letter from the district attorney’s office, a summons from the police, a summary judgment in a yellow envelope, or a home visit from the tax investigation unit. Most of the clients who come to us aren’t on a path to a life of crime—they’ve simply found themselves in a difficult situation. A DUI after a birthday party, a tax return that can no longer be resolved, an online shop dispute that has escalated, an incident at a bar involving alleged physical altercation, or neglected or overdue bookkeeping. We are your lawyers for precisely these situations.

At KLAMERT & PARTNER, we represent private individuals, self-employed professionals, and business executives in criminal proceedings with a clear focus on the following areas: summary proceedings, criminal tax law, traffic law, property and economic crimes, as well as minor cases involving assault and defamation. We do not handle serious crimes—such as murder, manslaughter, sexual offenses, or organized crime; for these, there are highly specialized criminal law firms in Munich to which we refer clients as needed. This is a deliberate choice: We defend what we do well—and openly state what is not our area of expertise.

When You Need a Criminal Defense Attorney — The First 48 Hours

In most criminal cases, the outcome is not decided during the trial—but rather in the first 48 hours after the charges are brought. Anyone who makes statements to the police without legal counsel during this time frame, allows a summary judgment to become final, or fills out a hearing form without careful consideration closes off avenues of defense that are nearly impossible to reopen later.

The five most common reasons people come to us

• The yellow envelope with a certificate of delivery—usually a penalty notice, a hearing notice, or a summons.
• A call from the police asking you to “stop by the station for a moment”—usually a suspect interview, the significance of which is downplayed over the phone.
• A search of a home authorized by a local court—unexpected, unpleasant, and often involving the seizure of devices or documents.
• A letter from the tax investigation unit or a tax office notifying the recipient that criminal tax proceedings have been initiated—typically following a tax audit or a voluntary disclosure by the tax advisor.
• A provisional arrest following a traffic stop—usually for drunk driving or driving under the influence of drugs—with immediate suspension of the driver's license.

What you should do in the first 48 hours

First: Remain silent. As the accused, you have the right to refuse to make any statements regarding the matter—and you should consistently exercise this right until a lawyer has reviewed the case files and assessed the situation. Second: Do not sign anything—not even so-called instructions or acknowledgments of receipt that are linked to further statements. Third: Gather everything you have related to the case—letters, emails, contracts, photos. Fourth: Give us a call. We’ll schedule an appointment for the same day or the next—by phone or in person—and review the facts as part of a free initial assessment.

Subpoena and Hearing Form — Remain silent, then consult

The most common first encounter with criminal proceedings is a summons from the police or a hearing notice. Both documents often seem harmless—they invite you to “give a statement,” ask for your “cooperation,” and sometimes only mention the word “defendant” in the legal notice in the margin. It is precisely this formality that masks the significance of the situation.

Who is required to make a statement to the police — and who is not

As a suspect, you are not required to comply with a police summons—nor are you required to provide any information regarding the matter. You are only required to provide your personal details (name, address, date of birth). The situation is different if you receive a summons from the district attorney’s office or the court: In this case, you are required to appear, but you are still not compelled to make a statement regarding the matter. Many people are unaware of this distinction—and the police do not typically actively explain it.

Consultation Form — the written version of the same trap

The hearing form is typically sent by mail, often in connection with administrative fine proceedings, but sometimes also in cases that fall somewhere between administrative offenses and criminal proceedings. Those who fill it out often end up providing exactly the statement that will later be used against them. The recommended approach is to provide only your personal information and nothing else. Any details regarding the facts of the case—if provided at all—should be submitted in writing after reviewing the case file and determining your defense strategy.

A summary judgment — what it means and how to respond appropriately

The penalty order is probably the most frequently underestimated document in German criminal law. It arrives in a yellow envelope with a certificate of delivery, already includes a penalty (usually a fine calculated in daily rates, sometimes a driving ban, and in rare cases a suspended prison sentence), and becomes final and binding like a court judgment—unless you file an objection within two weeks.

What a summary judgment means

A summary judgment is not a recommendation, but a judicial ruling issued in a written proceeding. It is issued by a criminal judge at the request of the public prosecutor’s office, without a trial and without the defendant having been heard. Anyone who allows the summary judgment to stand uncontested is convicted—with all the consequences that entails for the Federal Central Register, professional licenses, insurance, and, where applicable, a driver’s license. The two-week appeal period is non-negotiable.

When it's worth filing an appeal

An objection requires nothing more than a statement that you are filing an objection. It must be submitted in writing to the court within two weeks of service. The statement of grounds follows after reviewing the case file. Strategically speaking, an objection is almost always advisable if the charges, the evidence, or the sentence are open to challenge—and this is more common with summary judgments than one might think. Common points of attack: incorrect daily fine amount, incorrect crediting of advance payments, possible narrowing of the scope of the offense, weaknesses in the evidence, procedural errors during the preliminary investigation.

What the objection is not

The objection is not a confession, an admission of guilt, or a statement on the merits of the case—it is a procedural step that moves the case from written proceedings to a trial. The trial may then result in an acquittal, a more lenient sentence, a dismissal subject to conditions, or—if the evidence is unfavorable—a conviction in the original scope. We will assess these risks with you after reviewing the case file.

Key Practice Areas — the situations in which we most frequently provide legal defense

These situations make up the bulk of our criminal law cases. This is not an exhaustive list—rather, these are the types of cases we handle most frequently and where we know exactly what strategies work.

Summary proceedings at any stage

From a careless online purchase to a missed tax prepayment deadline: summary proceedings cover a wide range of minor and moderate offenses. We review the daily fine amount, the charges, and the evidence, and after reviewing the case file, we prepare an appeal—if it is worthwhile. In many cases, the appeal does not lead to a trial but rather to a dismissal in the preliminary proceedings or to a reduced penalty order.

Criminal Tax Law and Voluntary Disclosure

If the tax office initiates an investigation or formally opens criminal tax proceedings, it is important to act quickly but carefully. An effective voluntary disclosure under §371 of the German Fiscal Code (AO) requires that the offense has not yet been discovered and that the disclosure fully covers all types of evaded taxes for the relevant years. A partial voluntary disclosure is of no use. We coordinate the calculation with your tax advisor, review the criminal statute of limitations, and handle communication with the Office for Administrative and Criminal Matters.

White-Collar Crime Law for Business Owners and the Self-Employed

Delaying the filing of for bankruptcy (Section 15a of the Insolvency Code), withholding social security contributions (Section 266a of the Criminal Code), embezzlement (Section 266 of the Criminal Code), bankruptcy (Sections 283 et seq. of the Criminal Code): Business owners and the self-employed regularly find themselves facing criminal proceedings where the charges do not stem from classic criminal intent, but rather from financial difficulties. This is precisely where criminal defense comes into play—defense that also understands the logic of economic restructuring—because both must proceed in tandem.

Asset Seizure and Confiscation

When criminal proceedings involve asset forfeiture under Sections 73 et seq. of the German Criminal Code (StGB), the threat is twofold: punishment plus restitution. The amounts involved can be substantial, and the forfeiture may also affect third parties—such as family members to whom assets have been attributed. We provide defense both in the main proceedings and against the forfeiture order itself, including representation of third parties.

Minor assaults and offenses involving insults

A confrontation in a bar, an escalated altercation on the street, an incident at a stadium or at Oktoberfest: minor assaults (§223 StGB) and insults (§185 StGB) can quickly lead to criminal charges and summary judgments. Often, the case comes down to one person’s word against another’s, or involves situations of self-defense or provocation. We examine the evidence and explore defense strategies—dismissal with conditions, private prosecution instead of a public offense, self-defense, provocation, and claims of self-protection.

Criminal Law Governing Narcotics in Minor Offenses

Amounts for personal use, one-time purchases, negligent possession: in many cases involving minor drug offenses under the BtMG, proceedings are dismissed under §31a BtMG (minor offense) or §153 StPO. The key is to provide a clear statement—and not to hastily admit to all the charges brought by the police. We exclusively handle cases involving minor offenses; we do not handle organized drug-related crime.

Cybercrime and Internet Fraud

From compromised eBay classifieds accounts to suspected phishing cases and allegations of data manipulation: IT criminal law affects private individuals more often than one might think. The evidence relies on IP addresses, login logs, and platform extracts—and it is precisely this evidence that is rarely as clear-cut as it appears at first glance. We examine the technical chain of evidence and its admissibility.

Note: We do not handle cases involving serious crimes—such as murder, manslaughter, sexual offenses, or organized crime. If your case falls into this category, we will provide you with a recommendation for a specialized criminal law firm in Munich during your free initial consultation.

Traffic Law — Drunk Driving, Hit-and-Run, Coercion in Traffic

Traffic law is likely the most common gateway to criminal proceedings for otherwise law-abiding individuals. Driving under the influence (Section 316 of the German Criminal Code), hit-and-run (Section 142 of the German Criminal Code), and coercion in traffic (Section 240 of the German Criminal Code) are the three offenses we most frequently defend in this area. Proceedings typically take place at the Traffic Division of the Munich Local Court (Linprunstraße 22)—and that is precisely where we are familiar with the sentencing practices from our current cases.

Drunk driving — blood alcohol limits of 0.5 / 1.1

A blood alcohol concentration of 0.5                                                                                                                      �� If signs of impairment are present, relative unfitness to drive may apply even below 0.05%. Defense strategies: the breath alcohol testing procedure, the admissibility of the blood sample, determining the amount consumed, and the claim of post-drinking consumption.

Hit-and-run — the legal definition is narrower than the police often suggest

• Section 142 of the German Criminal Code (StGB) protects the victim’s right to information—not every instance of “leaving the scene of an accident” in the abstract. Anyone who has waited a reasonable amount of time, left a note with legible contact information, or reported the incident immediately often has not committed any offense at all. We carefully examine the objective requirements before engaging with the police—and in many cases find arguments that exclude criminal liability, which would remain undiscovered without a lawyer’s access to the case file.

Coercion in Traffic — The Subjective Element Is Decisive

Cutting in on the highway, tailgating with flashing headlights, braking suddenly, or cutting off another driver: traffic violations often amount to coercion. Penalties: a fine or imprisonment for up to five years, usually accompanied by the revocation of the driver’s license. Defense strategies: subjective element (intent to coerce vs. impulsive reaction), reprehensibility, connection to illegality, provocation by the victim.

Note: If you are visiting this page because you have received a traffic ticket for speeding or running a red light, you can find detailed information on our page about traffic law—traffic tickets, speed cameras, and the 130% rule are covered in greater depth there.

Criminal Tax Law and Voluntary Disclosure — Before the Prosecutor’s Office Comes Knocking

Criminal tax law often affects private individuals, self-employed persons, and business owners at a time when many issues have accumulated over the years—forgotten foreign accounts, unreported rental income, improperly recorded personal withdrawals, and unreported cryptocurrency holdings. The key strategy for defense is voluntary disclosure under Section 371 of the German Fiscal Code (AO) —provided the offense has not yet been discovered and all relevant tax types and years are fully accounted for.

Valid Voluntary Disclosure — The Three Requirements

First: Completeness. The voluntary disclosure must cover all types of evaded taxes for the years not subject to the statute of limitations. A partial or “approximate” voluntary disclosure is not valid. Second: Timeliness. The disclosure must be received before the offense is discovered—and “discovery of the offense” also includes an audit order from the tax office, the initiation of criminal tax proceedings, or the arrival of tax investigators at the taxpayer’s residence. Third: Payment of back taxes. The evaded taxes, interest, and, if applicable, evasion surcharges must be paid within the deadline set by the tax office.

If the proceedings have already been initiated

Once criminal tax proceedings have been formally initiated, voluntary disclosure is generally no longer an option. At that point, the defense shifts to traditional criminal defense: reviewing case files, assessing the evidence, making a statement during the preliminary investigation, and negotiating with the Tax Office’s Division for Fines and Criminal Matters and the Munich Public Prosecutor’s Office. Penalty thresholds: For evasion amounts up to 50,000 euros per offense, a fine is typically imposed; for amounts between 50,000 and 1 million euros, a suspended sentence is typical—these thresholds are guided by Federal Court of Justice (BGH) case law but are negotiable on a case-by-case basis.

Here's how we proceed — A five-phase defense strategy

Our criminal defense process consists of five distinct phases. Each phase has a specific goal—and at the end of each phase, we work with the client to decide how to proceed.

Phase 1 — Initial Consultation and Emergency Measures

We will get back to you with an initial response within one business day. We will systematically review the facts of the case, check the deadlines—such as the deadline for appealing a summary judgment, the deadline for a hearing, and the deadline for filing a complaint regarding detention—and take the necessary urgent measures. This phase is free of charge (free initial assessment) and non-binding.

Phase 2 — Review and Evaluation of Documents

We will request access to the case file from the Munich I or Munich II Public Prosecutor’s Office or the relevant police station. Once we have the file, we will review the charges, the evidence, the legality of the proceedings, and the likely sentence. Based on this, we will discuss realistic options for proceeding with you.

Phase 3 — Defense Strategy

We define the objective of the proceedings—dismissal pursuant to §170(2) of the Code of Criminal Procedure, dismissal subject to conditions pursuant to §153a of the Code of Criminal Procedure, a summary judgment with a reduced sentence, or a trial resulting in an acquittal or a lenient sentence. Our written submissions to the public prosecutor’s office and the court are based on this objective.

Phase 4 — Out-of-court or in-court defense

Ideally, the case can be resolved during the preliminary investigation phase. If a trial proceeds, we will represent you before the Munich Local Court (Pacellistraße 5, Linprunstraße 22) or the Munich I Regional Court (Nymphenburger Straße 16). We will prepare you for the hearing—including the proceedings, seating arrangements, your rights to testify and remain silent, and a strategy for responding to cross-examination.

Phase 5 — Follow-up Procedures and Consequence Management

Once the proceedings are concluded, we assess the resulting implications: entry in the Federal Central Register, impact on criminal records, consequences for professional licenses, insurance, and interactions with government agencies. In appropriate cases, we assist with applications to have entries expunged from the Federal Central Register or to shorten the expungement period.

Frequently Asked Questions for Your Criminal Defense Attorney in Munich

How much does a criminal defense attorney cost in Munich?

Our initial assessment of the prospects of success is free of charge and non-binding. We bill subsequent cases in accordance with the RVG (German Lawyers’ Fees Act) or based on an individual fee agreement. In criminal law, fee agreements are the norm because the RVG rates often do not reflect the actual time required for the work. We discuss the fees transparently before accepting the case and conclude a written agreement before beginning work.

Does my legal protection insurance cover criminal defense costs?

Criminal legal protection is not included in every standard legal protection policy—it is a separate coverage option that must be added. In the case of traffic-related criminal legal protection, drunk driving is generally covered. For allegations of intentional offenses outside the traffic context, coverage is often granted on a provisional basis—the final decision depends on the outcome of the proceedings. We will handle the coverage request with your insurance company.

I received my summary judgment ten days ago—do I still have time?

Yes, but not by much. The deadline for filing an objection is two weeks from the date of delivery. The date that counts is not the one on the penalty notice, but the one on the postal delivery receipt or the yellow envelope. If you received the letter ten days ago, you have four business days left. Call us immediately—we can file the objection in time to meet the deadline, even if we haven’t yet finished reviewing the details of the case.

Do I have to bring my lawyer to the police interview?

No. As a defendant, you are not required to appear when summoned by the police—and as a general rule, we advise against attending an interrogation without prior preparation by a lawyer. If you are summoned by the public prosecutor’s office or the court, you are required to appear, but you are not compelled to testify on the matter. We will accompany you to such appointments and ensure that nothing is said that could later be used against you.

What happens if I pay the fine?

Anyone who pays the fine or allows the appeal period to expire is deemed convicted—with all the consequences that entails. This includes an entry in the Federal Central Register and, if applicable, on a criminal record certificate, as well as potential consequences for professional licenses, insurance, dealings with government agencies, and residence permits for non-German clients. Once the decision becomes final, it can only be overturned in rare, exceptional cases through a retrial. Therefore: Have a lawyer review the matter before making any payment.

I've already told the police something—is everything lost?

No, but the defense is more challenging. Once a statement has been recorded, it remains in the file—it cannot be retracted. However, it can be contextualized, put into perspective, or placed in a different context through supplementary explanations. Sometimes, the file reveals grounds for excluding evidence (such as a failure to provide proper instruction), which legally invalidate the statement. The first question in such cases is: What exactly is in the record?

What does “dismissal pursuant to §153a of the Code of Criminal Procedure” mean?

• Section 153a of the Code of Criminal Procedure allows the public prosecutor’s office (during the preliminary investigation) or the court (during the trial) to dismiss criminal proceedings subject to certain conditions—typically, payment of a sum of money to a charitable organization or the state treasury, and sometimes conditions such as restitution or anti-aggression training. The dismissal is not a conviction, does not result in an entry in the Federal Central Register, and does not appear on a criminal record. In many cases, it is realistically the best possible outcome.

Are criminal trials held in public?

Trials before the criminal court are generally open to the public (Section 169 of the German Code of Criminal Procedure). The public may be excluded if there are legitimate interests (private life, trade secrets, juvenile cases) that justify it. In summary proceedings, no trial takes place; in the event of an objection, a trial is held, which is generally open to the public. In practice, those who require discretion have a particular interest in having the proceedings concluded at an early stage—for example, through dismissal.

How long do criminal proceedings take in Munich?

That depends on the complexity of the case, the workload of the relevant district attorney’s office, and the type of proceeding. Summary proceedings involving an appeal typically reach the trial stage after three to six months. Traditional preliminary investigations take an average of nine to fourteen months to reach the filing of charges or dismissal. Criminal tax proceedings often take longer—one and a half to three years is not uncommon. During the initial consultation, we provide a realistic assessment based on comparable cases.

Will this result in an entry on my criminal record?

Not every conviction automatically results in an entry on the criminal record. Fines of less than 90 daily rates (for a first conviction) typically do not appear on the standard criminal record, but they do appear in the Federal Central Register. Dismissals under §153 or §153a of the Code of Criminal Procedure do not appear in either the Federal Central Register or the criminal record. These thresholds are an important factor in sentencing negotiations—and a reason why a dismissal or a reduced fine is often the economically relevant goal.

Can you also defend your thesis in foreign languages?

Yes. We provide legal advice in German, English, Ukrainian, Russian, and Portuguese. Legal work is handled by our licensed attorneys; multilingual communication is managed by the respective team members. For clients with limited German language skills, we also ensure that a sworn interpreter is appointed during court proceedings (Section 185 GVG)—an important point, because language barriers in defendant interrogations regularly lead to the exclusion of evidence.

Criminal Defense Attorney in Munich — Right Next to Theresienwiese

Our office is located at 37 Pettenkoferstraße —right next to Theresienwiese, in the heart of the Ludwigsvorstadt-Isarvorstadt hospital district. Important for criminal law matters: It is a twelve-minute walk from the Munich District Court at Pacellistraße 5, a fifteen-minute walk from the Munich I Regional Court at Nymphenburger Straße 16, a ten-minute walk from the Police Headquarters at Ettstraße, and a twelve-minute walk from the Munich I Public Prosecutor’s Office (also on Pacellistraße).

Directions to the relevant judicial authorities

• Munich Local Court, Main Building — Pacellistraße 5, 80333 Munich
• Munich Local Court, Traffic Division — Linprunstraße 22, 80335 Munich
• Munich Regional Court I — Nymphenburger Straße 16, 80335 Munich
• Munich I Public Prosecutor's Office — Pacellistraße 5, 80333 Munich
• Munich Police Headquarters — Ettstraße 2, 80333 Munich

Directions by public transportation

• U4/U5 subway: Theresienwiese station (a three-minute walk)
• Subway U3/U6: Goetheplatz Station (five-minute walk)
• Subway lines U1, U2, U7, and U8: Sendlinger Tor station (an eight-minute walk)
• All S-Bahn lines: Munich Central Station (a ten-minute walk)

Office Hours and Contact Information

Mon–Fri, 8:00 a.m. to 5:30 p.m., in person at our office. By phone at 089 540 239 0, by fax at 089 540 239 199. Appointments outside of office hours and confidential evening consultations are available by individual arrangement—this is particularly important in criminal law cases, as many clients prefer not to schedule appointments during their lunch break at work.

Free Initial Consultation with Your Criminal Defense Attorney in Munich

In criminal law, every day counts—the deadline for appealing a summary judgment, the deadline for a hearing, and the deadline for filing a complaint regarding detention. As part of our free initial assessment, we will review your case to identify potential defense strategies, with no obligation on your part. Any further legal advice will be provided only after you retain our services and we agree on our fees—this approach is transparent and predictable.