Best Criminal Litigation Lawyers in Wohlen

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Fricker Seiler Rechtsanwälte
Wohlen, Switzerland

Founded in 1991
10 people in their team
English
Fricker Seiler Rechtsanwälte is a Swiss law and notary firm serving the Freiamt region from offices in Wohlen and Muri. The practice has roots in the area dating back more than four decades and has operated as an independent practice since 1991. Its team combines experienced counsel and a...
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About Criminal Litigation Law in Wohlen, Switzerland

Criminal litigation in Wohlen takes place within the Swiss legal framework and the cantonal structures of Aargau. Substantive criminal law is governed by the Swiss Criminal Code - Strafgesetzbuch (StGB) - while criminal procedure is governed by the Swiss Criminal Procedure Code - Strafprozessordnung (StPO). For cases arising in Wohlen the investigation and prosecution are handled by cantonal authorities - primarily the cantonal public prosecutor's office - Staatsanwaltschaft Aargau - and the cantonal police. Trials and first instance judgments for most matters are decided in the appropriate cantonal or district courts. Serious or complex matters may involve multiple procedural stages including preliminary investigation, indictment, trial and appeals up to the Federal Supreme Court - Bundesgericht.

Why You May Need a Lawyer

Criminal proceedings can threaten personal liberty, finances and reputation. You should consider getting legal help if you face any of the following situations:

- You are arrested or taken in for questioning by the police. A lawyer can protect your rights during interrogation and advise whether to exercise your right to remain silent.

- You receive a summons, penal order or notice of charges. A lawyer can assess the evidence, prepare a defense and handle formal filings or appeals.

- You are at risk of pre-trial detention - Untersuchungshaft - or bail conditions. A lawyer can argue against detention and propose less severe measures.

- You are accused of driving under the influence, assault, theft, drug offenses, domestic violence, sexual offenses, white-collar crime or professional misconduct. Each area has specific defenses and procedural nuances.

- You face potential administrative consequences such as driving licence suspension, professional sanctions or confiscation that require coordinated legal strategy.

- You are a victim seeking to assert rights to compensation, protection orders or participate in criminal proceedings as a private plaintiff - Adhäsionsverfahren.

- You need to apply for legal aid - unentgeltliche Rechtspflege - or ask the court to appoint a defense counsel in serious cases.

Local Laws Overview

Key aspects of Swiss and cantonal law that are particularly relevant in Wohlen include:

- Substantive offences - The StGB defines crimes and penalties. Penalties range from fines to custodial sentences. Financial penalties frequently use the Tagessatz system - daily penalty units scaled to personal income.

- Criminal procedure - The StPO governs investigation, rights of the accused, evidentiary rules, pre-trial detention and time limits. The public prosecutor - Staatsanwaltschaft - leads the preliminary investigation and decides whether to bring charges.

- Cantonal authorities - Police, prosecutor offices and courts in the canton of Aargau administer the process locally. District courts handle many first instance matters; cantonal courts hear appeals.

- Rights of the accused - You have the right to be informed of the accusation, the right to legal counsel, the right to remain silent, and the right to an interpreter if you do not understand the language of proceedings.

- Special procedures - For minor offences, authorities can sometimes use summary procedures or penal orders. For serious offences, full trial and evidentiary hearings are common.

- Administrative sanctions - Some criminal acts also trigger administrative procedures, for example driving licence measures by the Strassenverkehrsamt, independent of criminal penalties.

- Criminal record - Convictions are registered in the national criminal record - Strafregister - maintained by the Federal Office of Justice. Rehabilitation rules determine when convictions no longer appear.

Frequently Asked Questions

What should I do first if the police come to question me in Wohlen?

Remain calm and politely identify yourself. You have the right to remain silent and the right to consult a lawyer before answering substantive questions. Ask whether you are suspected of an offence and whether you are free to leave. If you are not free to leave or you are being detained, request a lawyer immediately. Do not destroy evidence or make voluntary admissions without legal advice.

Am I entitled to a lawyer if I cannot afford one?

Yes. If you cannot afford a lawyer, you can apply for legal aid - unentgeltliche Rechtspflege - through the cantonal court. For serious offences the court will appoint a defense counsel if it is necessary to ensure a fair trial. If you are detained, the authority must inform you of the right to legal assistance and, in many cases, arrange counsel if you lack means.

What is the role of the Staatsanwaltschaft in Aargau?

The Staatsanwaltschaft (public prosecutor's office) conducts the preliminary investigation, collects evidence, questions witnesses and decides whether to file charges. The prosecutor can also order coercive measures such as searches or pre-trial detention, subject to judicial review. Defence lawyers interact with the Staatsanwaltschaft to request documents, challenge measures and present exculpatory evidence.

Can I be held in pre-trial detention and for how long?

Yes, pre-trial detention - Untersuchungshaft - can be ordered if there is a risk of flight, evidence tampering or serious repeat offending. The StPO and cantonal rules limit detention periods and require judicial review at defined intervals. Time limits and renewal conditions vary by case complexity, so consult a lawyer quickly to challenge or minimize detention.

How are fines calculated in Switzerland?

Switzerland commonly uses a Tagessatz system for fines. The court determines a number of daily units based on the offence severity and then fixes the daily unit amount according to the offender's economic situation, income and living costs. This approach aims to make fines proportionate across different income levels.

What happens to my driving licence after a DUI in Wohlen?

A DUI can lead to both criminal sanctions and administrative measures. The criminal court may impose fines or custodial sentences, while the cantonal road traffic authority can suspend or revoke your driving licence independently. It is important to coordinate criminal defence and administrative representation to limit combined consequences.

How long does a criminal case in Switzerland typically take?

Durations vary widely. Minor matters may be resolved in weeks or months through summary procedures. Complex investigations, especially those involving forensic evidence or international elements, can take many months or longer. Appeals add additional time. Swiss law contains procedural time limits, but case complexity and court workload affect actual timelines.

Can I appeal a conviction from a district court?

Yes. Convictions at first instance can usually be appealed to the cantonal court and, in limited circumstances, to the Federal Supreme Court - Bundesgericht. The grounds for appeal and procedural deadlines are strictly regulated. A defence lawyer can advise on appeal prospects and prepare the necessary filings.

What should I bring to my first meeting with a criminal defence lawyer?

Bring official notices or correspondence from police or court authorities, any written statements you have made, identification, relevant documents or receipts, witness names and contact details, and a clear timeline of events. Be prepared to discuss finances so the lawyer can advise on fees and whether legal aid is an option.

Will a criminal conviction affect my employment or travel?

Yes, convictions can have collateral effects. Employers may take action depending on the nature of the offence and employment contract. Certain convictions can affect professional licences and future employment in regulated sectors. Convictions may also influence visa applications or travel permissions, including restrictions on entry to some countries. The long-term impact depends on the offence, sentence and rules governing rehabilitation and record disclosure.

Additional Resources

Useful institutions and types of resources for criminal litigation in Wohlen include:

- Staatsanwaltschaft Aargau - the cantonal public prosecutor's office responsible for investigations and prosecution in Aargau.

- Kantonspolizei Aargau - local police for reporting offences and obtaining incident reports.

- The competent district court for the Wohlen area - for information on hearings, filings and local procedures.

- Bundesamt für Justiz - Federal Office of Justice - maintains the national criminal record system - Strafregister - and provides federal legal information.

- Schweizerischer Anwaltsverband and local cantonal bar associations - directories to find qualified criminal defence lawyers and information on professional standards.

- Cantonal legal aid offices - information on applying for unentgeltliche Rechtspflege or court-appointed counsel.

- Official publications of the StPO and StGB - for the texts of procedural and substantive criminal law. Legal commentaries, practice guides and court decisions provide practical interpretation.

Next Steps

If you need legal assistance for a criminal matter in Wohlen, follow these practical steps:

- Stop speaking about the case publicly. Limit communications about the matter and do not discuss it on social media.

- Preserve evidence. Keep documents, messages, receipts, photos and any physical evidence on secure storage. Note timelines, locations and witness names as soon as possible.

- Contact a criminal defence lawyer promptly. Ask about experience in similar cases, fee structure, languages spoken and availability. If you cannot afford a lawyer, ask about legal aid or court-appointed counsel.

- Prepare for your first meeting. Bring identification and any notices, police reports or correspondence. Be honest and complete with your lawyer - confidentiality and the attorney-client duty of secrecy - Anwaltsgeheimnis - protect your communications.

- Follow legal advice on interactions with police and courts. A lawyer can represent you at interrogations, hearings and negotiations with the prosecutor.

- Consider immediate protective measures if you are a victim - for example a protection order - and request support from victim services where needed.

Criminal matters are time sensitive and procedurally strict. Seeking professional legal advice early improves the chance of a reasoned defence and better outcomes. If you are unsure where to start, contact the cantonal prosecutor's office or the local bar association for guidance on finding a qualified defence lawyer in Wohlen and the canton of Aargau.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.