With the issue of a penalty order, criminal investigations can be terminated by written procedure without a court hearing. The penalty order will have the effect of judgment if it is not challenged within two weeks of service by an appeal. Crucial is the timely receipt in court.
As a rule, the penalty order imposes a fine. But there are also other legal consequences, such. As a driving ban, confiscation of property, fines against legal entities or associations of persons (so-called association fine), among others possible. If the defendant has a defender, the penalty order can even impose a prison term of up to one year.
An objection may be directed against the entire penalty order or even against the amount of the sentence imposed. Justification is not absolutely necessary, but it can be useful. If the appeal is filed in time, the court will set a date for the trial. The court is not bound by the amount of the penalty order when the hearing is held. The verdict can, therefore, be higher.
Therefore, in the case of the delivery of a penalty order, you should immediately, or at any rate within the two-week opposition period, seek out a trusted defence attorney for expert advice, and if arrested, Goldberg Bail Bonds can help. The defence counsel will recommend that he initially file an objection against the order for punishment and file for inspection of the official investigation file. The chances of success of the objection can only be assessed after detailed knowledge of the file and consultation with you.
The defender can then recommend whether the appeal is withdrawn, limited to the penalty level or whether it pays to conduct the legal proceedings. In that case, he will discuss with you the defence strategy and, if necessary, justify the opposition in writing. If you have missed the period of objection by no fault of your own, you should immediately seek out a lawyer who will provide you with a correct reinstatement request.
In all Cases, the Following Basic Rules Apply
- Keep Calm!
The tips and legal information are carefully prepared. But they are general in nature and can’t replace individual advice since each individual case is different and often special rules are observed.