In brief

You choose your own defence lawyer, from the very moment you learn of a case. There is no need to wait for the court to appoint one.

Section 137(1) StPO: the accused may be assisted by defence counsel at any stage of the proceedings, by no more than three at once. This applies from the first contact with the police to enforcement of the sentence. Counsel notifies the police or prosecutor in writing, with a power of attorney. From then on summonses, enquiries and the file go through the law office.

Costs

Fees are governed either by the Lawyers’ Remuneration Act or by a written fee agreement (Section 3a RVG). The Act provides fee ranges for criminal cases, graded by stage and court: a basic fee, procedural fees for the investigation and the court proceedings, hearing fees for each trial day. In demanding cases these fees often do not cover the actual work. We then agree a flat or hourly fee, in advance and transparently.

If the client is acquitted or the case is discontinued, the state treasury generally bears the necessary expenses under Section 467 StPO, but only up to the statutory fees. After a dismissal under Section 153a StPO the accused usually bears their own costs. Legal expenses insurance generally covers defence against intentional offences only provisionally, traffic offences more often.

Chosen or appointed?

Not opposites in outcome, only in route. Someone who already has chosen counsel and then falls into a case of mandatory defence, for example through pre-trial detention, can have that lawyer appointed as court-appointed counsel. The relationship of trust remains; only the billing changes.

General explanation, not advice on an individual case. As of November 2026.