Need a lawyer

64 posts in this topic

I'm pulling my hair out over this.

Tried Google and various other sites can't find a clear answer.

 

I need a lawyer to defend myself from certain allegations.

 

Can I presume that there is some sort of legal aid here? 

If there is. I can only seem to find lawyers charging 300 an hour.

I also presume if I were summoned to court then I WOULD be appointed a free lawyer.

So is there a reason why I can't seem to find one to preemptively quash allegations and threats of persecution which are damaging to my character.

 

Because of the language barrier I'm not sure. But it seems likely I'm supposed to wait until I'm summoned to court and/or charged.

 

Additionally finding an appropriate lawyer seems another hurdle.

 

To clarify the allegations are from the UK.

And I have a very strong suspicion would not be considered a crime in Germany.

According to my research you cannot be extradited for something not also considered a crime in Germany.

 

Any pointing in the right direction would be greatly appreciated

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Blimey, this is promising. 

I think you will find that if the alleged naughtiness was committed outside of Germany, German courts will have no jurisdiction. But IANAL. Extradition is for the big stuff I believe. 

Looking forward to more details though.:ph34r:

 

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42 minutes ago, Taffyhereford said:

I need a lawyer to defend myself from certain allegations.

I can only seem to find lawyers charging 300 an hour.

is there a reason why I can't seem to find one to preemptively quash allegations and threats of persecution which are damaging to my character.

the allegations are from the UK.

 

The OP's info is a little vague.  Looking for a German or UK lawyer?  To help with what kind of problem? 

 

Yes, lawyers cost money.  Just like auto mechanics. 

 

With the caveat I am not a German or UK lawyer, my thought is that in the event the police want to discuss whatever this is with you, unless YOU are the one making a complaint to the police...  Don't talk to the police.  

As in all situations when the police want to talk to you, your duty is limited regarding the information you have to give the police. 

You are not required to testify against yourself.  That means you don't have to give them hardly any information.  Watch this guy (in German) https://www.youtube.com/watch?v=ctsXfSv1tes  from about 01:15 to 04:30.    Watch this American on same concept https://www.youtube.com/watch?v=d-7o9xYp7eE   at about 19:23 to 25:05.

 

The police might have a duty to investigate and ask you questions.  You generally don't have a duty to answer the questions beyond identifying yourself and sharing the address of your current abode.

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Ask the Verbraucherzentrale. Can you tell us more about the allegations without breaking confidentiality? Where was the offence allegedly committed?

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1 hour ago, Taffyhereford said:

I also presume if I were summoned to court then I WOULD be appointed a free lawyer.

False presumption I'm afraid (for English law at least - which would appear to be the case from your post).

You are entitled to a free lawyer when you are arrested or being questioned by the police (even if you have voluntarily turned up to give an interview to the police). 

Beyond that, you are only entitled to a lawyer if you qualify for legal aid, which will depend upon your financial position and the type of offence.

Here's the law society's summary of criminal law and legal aid (and from this page, you can also access a list of solicitors depending upon the subject matter):

Criminal law | The Law Society

 

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1 hour ago, Taffyhereford said:

Any pointing in the right direction would be greatly appreciated

Your post is so vague that we don't know where to point. It is tolerated that people create an anonymous account to ask sensitive questions. 

 

There is a website https://www.frag-einen-anwalt.de/ where legal questions are answered by lawyers for a reasonable fee, try it. I guess there is a similar service in the UK, too. 

 

Quote

 

And I have a very strong suspicion would not be considered a crime in Germany.

According to my research you cannot be extradited for something not also considered a crime in Germany.


 

If you do not let us know what the case is about, we cannot confirm or deny if this is true. Good news is that the UK has left the European Arrest Warrant system, so cannot impose it, it can only use an international arrest warrant via Interpol (for which you need some good reason). 

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I appreciate there's no specifics. However I don't see it as necessary. As the main point is:

 

1. I'm wanted for something in the UK

2. That thing is highly likely to not be a crime in Germany

3. German law stipulates you cannot be extradited for an offence which isn't also a crime in Germany

(I'll give an example which is nothing to do with me.. Arabia wants to extradite a man for homosexuality. Germany refuses because here homosexuality isn't a crime)

4. I've confirmed the offences here are not a crime.

5. For the UK to extradite. This has to be settled in a GERMAN court . whether or not they will accept. I know the party is applying. But they receive no reply one way or another. (Possibly brexit complexities)

 

The factors above aren't in question. But the element of confusion comes from the fact that the "offences" may not be an offence here per se. But they were offences related to breaking a court order (if you follow. That doesn't mean illegal per se. But illegal for me specifically) 

 

Also this court order amounted to restrictions on my personal freedom of communication.

The UK practices this. But in the European Union. There's legal precedence making these restrictions illegal.

Because the right to communicate via the internet has been ruled a human right (there are numerous precedents right across Europe for this)

 

However the aspect which is still confusing for me is: is breaking a court order grounds for Germany to accept an extradition warrant? 

I'm not so sure. Because while at first it seems yes it would be. 

In the example I used above. If Arabia placed a court order on a man not to have a relationship with another man. Obviously Germany isn't agreeing to that.

 

So surely this cannot be too different. If those things aren't criminal here. Also a court order which imposed them is equally unacceptable in Germany.

 

It's just that I've been here a long time. I'm married and have babies here. And this lingering over my head is unsettling.

So even a small element of doubt is a cause of grief.

 

I'll check out the lawyer question page

 

Thank you 

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4 minutes ago, Taffyhereford said:

 

 

However the aspect which is still confusing for me is: is breaking a court order grounds for Germany to accept an extradition warrant? 

 

 

So, you had some criminal charges in the UK that aren't crimes here. Subsequent to that, the UK court handed down an order that you needed to do XYZ which you have not done. 

 

The violation of a court order would be a crime in Germany. On that basis, although IANAL, I think Germany will extradite you.

 

Lawyer up.

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Ah, restrictions on personal freedom of communication... so, for example, internet stalking has continued, muses Sherlock to herself.

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...the first thing should be to stop immediately doing whatever it is you have been doing which is in breach of a UK court order. 

That has the advantages of 1) making the "victim" of the earlier infringement less likely to chase for enforcement 2) making the CPS less likely to seek to obtain overseas enforcement and 3) leaving you less likely to face a prison sentence for contempt of court.

As an aside, the delay in enforcement you mentioned above, is less likely to be (directly) Brexit related, and more likely due to the UK courts currently being swamped and understaffed. Don't let the delay give you a false sense of security.  

 

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5 hours ago, optimista said:

Ah, restrictions on personal freedom of communication... so, for example, internet stalking has continued, muses Sherlock to herself.

 

I think our intrepid OP has violated a no contact order the instigating offense of which is not illegal in Germany .

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5 hours ago, optimista said:

Ah, restrictions on personal freedom of communication... so, for example, internet stalking has continued, muses Sherlock to herself.

This is why I didn't want to or why the exact details are Irrelevant.

Because otherwise the topic gets bogged down in suspicions, accusations and pointless hyperbole.

 

There's no stalking. Stalking would be a crime anywhere I suspect.

 

It's basic simple communication (using what's app to talk to my wife) 

 

And this restriction was imposed due to circumstances which occurred 5 years ago and imo are not relevant.and also not stalking but a mutual abusive correspondence online/on the phone.

But this coupled with my diagnosis of Aspergers (personality disorder) 

Led to the police and prosecution feeling that I had a history of a bad attitude therefore pushing for a court order curtailing my personal freedom.

In which case the entire order is contrary to the 2010 equality act. Which says you cannot be treated negatively for any condition covered in the equality act.

 

But as already stated numerous times. That isn't the issue here and that route is pointless. As it only leads to drama and mud slinging .

 

The issue is I've had restrictions on my freedom of speech. Mainly using social media (What's app) 

 

Which the European union has made numerous precedential cases stipulating the internet is a human right

 

Therefore

1. I'm exploring the potential for extradition. .i presume it isn't straight forward Hense, I've been here well over a year.

 

2. I'm looking for a lawyer in the relevant field.

 

I'm not looking to be judged or suspected however. Watch your favourite soap for drama

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1 hour ago, dstanners said:

...the first thing should be to stop immediately doing whatever it is you have been doing which is in breach of a UK court order. 

That has the advantages of 1) making the "victim" of the earlier infringement less likely to chase for enforcement 2) making the CPS less likely to seek to obtain overseas enforcement and 3) leaving you less likely to face a prison sentence for contempt of court.

As an aside, the delay in enforcement you mentioned above, is less likely to be (directly) Brexit related, and more likely due to the UK courts currently being swamped and understaffed. Don't let the delay give you a false sense of security.  

 

Believe me I have stopped.

 

In fact even when the order was imposed. The argument which led to it was dead and buried for approximately 6 months.

 

As already stated. My diagnosis of Aspergers is a factor in this. And my civil prosecution on the relevant authorities for their offence under the equality act .

(By The way I got the order quashed but the simple basic communication with my wife occurred while the order was still active)

 

Imo the attempts at extradition are vindictive and in response to my civil action . But that's off topic

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There not going to send interpol agents to pick you up for breaching a court order in the UK.

I wouldn't be booking any flights home for a while though.

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3 minutes ago, Taffyhereford said:

The issue is I've had restrictions on my freedom of speech. Mainly using social media (What's app) 

 

Which the European union has made numerous precedential cases stipulating the internet is a human right

 

First of all, given Brexit I'm not sure how EU laws are relevant. More importantly, you are not entitled to legal aid paid for by German taxpayers for what is at the moment a matter for the British courts.

 

If you want info on legal aid from the UK, you are asking on the wrong forum.

 

 

 

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23 minutes ago, engelchen said:

 

 

 

First of all, given Brexit I'm not sure how EU laws are relevant. More importantly, you are not entitled to legal aid paid for by German taxpayers for what is at the moment a matter for the British courts.

 

If you want info on legal aid from the UK, you are asking on the wrong forum.

 

 

 

It is a matter for Germany.

because I reside in Germany since 2020 

 

German courts have to answer an extradition application. In German courts.

 

Otherwise any country could grab any person for any crime without any oversight of the host country whatsoever.

 

That's not how it works.

 

When it comes to extradition the host decides on the applicants request in court

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28 minutes ago, bennetn said:

There not going to send interpol agents to pick you up for breaching a court order in the UK.

I wouldn't be booking any flights home for a while though.

Definitely not.

There's a warrant for me in the united kingdom.

 

So far (14 months) Germany hasn't responded.

I don't think it's so cut and dry as some people think.

 

If for example the charge was murder. I guess anyone would be extradited immediately.

Brexit or no brexit.

 

This case is more convoluted and involves what in my opinion is an infringement on my personal liberty. 

The likes of which is practiced in Britain but not Europe/Germany

 

I haven't even had a court summons yet.

 

(Which Is how it works btw)

 

If the application is accepted. They don't just grab you . the application is dealt with in court.

The UK makes their case I make mine.

 

Which is the only reason for me posting this. For a relevant lawyer specialising in this. And maybe first-hand experiences.

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11 minutes ago, Taffyhereford said:

It is a matter for Germany.

because I reside in Germany since 2020 

 

German courts have to answer an extradition application. In German courts.

 

Otherwise any country could grab any person for any crime without any oversight of the host country whatsoever.

 

That's not how it works.

 

When it comes to extradition the host decides on the applicants request in court

 

However, based on the information you've provided, you haven't received anything from the German courts. If and when you receive correspondence from the German courts, then you might be eligible for legal aid in Germany. 

 

 

 

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Think you should stop with the "personal freedom" bollocks if a UK court has decided, after considering the evidence of your actions, that your personal freedom is curtailed in a specific way.

 

On the other hand, has there even been a European Arrest Warrant issued yet?  The courts in the UK are very very unlikely to ask the Germans to pick you up and  for a breach of a court order but if, for example, they decided to prosecute you under the a computer related crime then mybe it's a bit more likely.  

 

Seems to me that you would be best checking with a lawyer in the UK first anyway as that is where the arrest warrent will be considered.

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28 minutes ago, Taffyhereford said:

There's a warrant for me in the united kingdom.

 

Hmm. But warrants and court orders do not apply to you because you are somewhere on the autistic spectrum ? 

 

You seek to defend that argument ?

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