Have you received a penal order (Strafbefehl)?
A penal order comes as a surprise to many of those affected. It often imposes a fine, a driving ban (Fahrverbot), the revocation of the driver's license, or other legal consequences, and this without any prior court hearing having taken place.
Appeal Against the Penal Order
Whether an appeal makes sense depends on the circumstances of the individual case. I review your penal order, assess the prospects of success of an appeal, and develop the appropriate defense strategy together with you.
What Legal Consequences Can a Penal Order Impose?
Depending on the charge, a penal order may, for example, contain the following legal consequences:
- Fine
- Driving ban (Fahrverbot)
- Revocation of the driver's license
- Imprisonment of up to one year, if its execution is suspended on probation
In addition, further legal consequences are possible depending on the individual case.
Limiting the Appeal
An appeal does not necessarily have to be directed against the entire penal order. It can also be limited to individual points – such as the legal consequence or the amount of the daily rate (Tagessatz).
The prohibition of reformatio in peius (Verschlechterungsverbot) applies only if the appeal is limited to the amount of the daily rates. In other cases, a decision less favorable to you may result. It should therefore be carefully examined which approach makes sense.
What Should You Do Now?
- Observe the deadline. Keep the yellow delivery envelope. It documents the start of the two-week deadline to appeal.
- Do not act rashly. First have your prospects of success reviewed before you take any further steps.
- Get in touch. I review your penal order and discuss the further course of action with you.
Quick Help After Receiving a Penal Order
The deadline to appeal is short. The sooner you seek legal support, the better your defense options can be reviewed and deadlines observed.