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Shoplifting & lpar; complicated case & rpar;

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This answer is dated 05/20/2011 and may be out of date. Ask your current question now and get a legally binding answer from a lawyer.

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Dear person seeking advice,

I can answer your request on the basis of your information and taking into account your commitment as follows.

1. Can I plead attempted theft?

No. The theft is complete when you pass the security checkpoints

2. How should I proceed in the Magnet case? Can I contact the StA?

You can contact the public prosecutor either by telephone or in writing. If the magnet does not have a particularly high material or ideal value for you, it makes little sense to object to the destruction. However, you could try to request the release. However, this application would probably not be granted, as it is an alleged instrument of crime.

3. If the case goes to court, will it happen in Osterholz Scharmbeck, my district town, or in Bremen?

Both are actually possible here. & Lpar; ยงยง 7, 8 StPO & rpar ;. However, since the StA Bremen is conducting the proceedings, there would probably be charges in Bremen.

4. How do I contact the StA?

Either in writing or by telephone, stating the file number. However, you should probably leave this to a lawyer.

5. Will I be contacted by the police / the StA, e.g. for a hearing & lpar; before the penalty order is issued & rpar ;, when is it estimated that this could happen?

Basically, you are to be granted a fair hearing. This is usually done by contacting the police in writing. When this occurs is extremely different. The period can vary between 1 week and several months after the crime.

6. Do I have to contact a lawyer from my group or can he also come from Bremen / be admitted in Bremen?

You can contact any lawyer licensed in the Federal Republic of Germany, regardless of where your colleague is based. Any lawyer licensed in Germany may defend you in criminal matters before any German court. However, it is advisable to choose a lawyer near your place of residence or at the place of the court because of the travel costs alone.

7. Do I get an appointment for counseling for juvenile offenders?

This authority will decide at its own discretion whether or not the juvenile court assistance will act in your case. In your case, I think that the JGH is relatively unlikely to act.

8. I will write a letter of apology to the management. Should I also make a confession?

I can only answer this question conscientiously after reading the investigation file. Basically, a confession, like an apology letter, has a mitigating effect.

9. Can someone actually add something to me because of the pants from other department stores? If so, should I confess here too?

This question is also difficult to answer without looking at the investigation file. In any case, as long as you are not accused of anything concrete & lpar; crime scene, time & rpar; make no statement.

10. My mother has legal expenses insurance, maybe even the whole family. Is it possible that this will take effect?

Legal protection insurances intervene in the case of an accusation of a deliberate act & lpar; such as theft & rpar; usually not one. I would be very surprised if this was covered by your mother's insurance.

11. What else can I do with the above goals?

Get a lawyer to defend you. This means you have certain costs, but the chances that the proceedings will be discontinued & lpar; especially if juvenile criminal law is applied & rpar; or goes out with a more favorable penalty for you & lpar; which then does not appear in the certificate of good conduct if the penalty is lower & rpar; rise considerably.

Since you are of legal age, your parents are generally not informed about the matter. However, it is of course possible that the police or the court will find this post for you.

I hope that my answer has given you an insight into the legal situation and will continue to do so

Inquiry from the questioner22.05.2011 | 16:43

Thanks for the helpful answers.
I still have the following ambiguities:
1. Will the police ask me for a hearing even though I have already made a brief interview on site & lpar; the police officer filled out a form with basic information & rpar; and although I do not get a court case, but first a penalty order?
2. Should I contact a lawyer before receiving the penalty order or can he influence the penalty order or only possible legal proceedings?
3. I don't have a file number, how do I get it or does the lawyer do it for me?
4. Can I find out about the costs of a particular lawyer in advance? There would have to be considerable differences.
5. To the magnet again. It has no value to me, I just don't want it to be used against me, to be destroyed, and then I can no longer prove that the magnet may not be suitable for stealing. Can something like this happen or will the magnet only be destroyed after the process is over?

greeting
Sminter

Answer to the question from the lawyer22.05.2011 | 23:02

Dear person seeking advice,

I can answer your question as follows:

1. Since you have already been granted a fair hearing through the on-site hearing, a renewed granting of a fair hearing would not be necessary, but this is usually normal. It does not matter that you should first receive an order.

2. You should contact a lawyer as soon as possible. this can certainly also influence the greater of the sentence pronounced in the penalty order.

3. It is easiest to contact the responsible public prosecutor by phone or in writing. However, you may not be given any information over the phone. The lawyer can also find out about the file number for you.

4. Yes, you can, once you have picked out one or more potential defense lawyers, simply call or write an e-mail and ask about the expected costs. Actually, every lawyer provides information about this without any problems.

5. If the magnet is to be used as evidence against you, it may only be destroyed after the proceedings have been concluded. In this respect you have nothing to fear.

With best regards

Bath
Lawyer