How do I avoid an arrest
I have received a summons to begin my sentence!
The letter from the responsible public prosecutor's office asking you to be in a certain penal institution by a certain date at the latest in order to serve your sentence there is certainly one of the most unpleasant pieces of mail there is.
As with the other catastrophes in criminal law - arrest, pre-trial detention, house search - it is now important to keep a cool head.
Basically, two constellations are conceivable:
1. You are completely surprised by the mail or
2. You knew it would happen sooner or later.
In the first case, you should contact your lawyer immediately to discuss what actually happened. If you do not have a lawyer, this would be a good time to seek one: While it would be better to start your defense before the trial rather than after it, the path ahead of you should be professional become.
In the second case you have hopefully already discussed with your lawyer which of the steps that are still possible now should be taken.
In principle, the following steps are possible between the final conviction and the start of imprisonment:
- You can get one Pardon ask or have your lawyer ask. But don't be under too many illusions about this. It is very rare for a sentence to be wholly waived by way of pardon or suspended on probation and, as a rule, presupposes that the circumstances have changed significantly after the conviction.
- You can try, Reprieve to obtain. According to § 456 StPO, this can be granted for up to four months. Please keep in mind, however, that in four months it will usually be just as difficult to go to the correctional facility as it is now. An application for a stay of sentence should therefore only be submitted if there is actually still something that needs to be regulated, such as renovating the family home, completing medical treatment, etc.
- If you are medical for incapable of liability report this as soon as possible, specifying the diagnosis and treatment options. If, for example, an operation has already been scheduled, you will likely be granted a reprieve (see above). In other cases, especially in the case of mental illness, it is important to check the validity of the argument at an early stage. Note: A certificate from your family doctor is not sufficient here, but it can form the basis for the medical examination.
- The other arrangements that you can take are more organizational than legal. Make sure that your relatives know what the visiting regulations are in the respective prison, how they can possibly be reached by public transport, etc. If you are medical If you have problems, get a doctor's certificate. He cannot certify that you are incapable of imprisonment (see above), but the discussion with the medical department of the correctional facility about special needs, for example because of nutrition, is much easier to have if you can present a certificate from a doctor than if you can present your own report health impairments.
One thing is important in any case: do not let the date of the commencement of your sentence pass, but face the situation. Of course it looks as if everything is indifferent now, but that is not true. If you are a so-called "Self-service"When you go into custody, it is much easier to obtain easing than if you are arrested and put into custody. Also, use the time to discuss with your defense attorney how the defense in [sentence enforcement] can be used sensibly There is no question that the situation at the start of detention is not rosy and it will not be really pleasant in the near future, but there are many mistakes that can be avoided now and it is worth thinking about.
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