There are numerous inquiries that we receive from clients who, alarmed, inform us that they have received a court summons summoning them as investigated for the holding of a trial for a minor offense.
First of all, we must know that minor crimes are only prosecutable at the request of the party or the legal representative of the aggrieved person, except in cases of gender violence. The catalog of minor crimes is extensive, however, in practice, the most commonly reported are minor crimes that constitute injuries, threats, coercion and theft.
In the summons for the holding of the trial for a minor offense, the possibility of being assisted by a lawyer will be informed and that they must attend the trial with the means of proof that they try to use.
Although the intervention of a lawyer in these proceedings is not mandatory, we consider that it is advisable and convenient, given that the Lawyer representing the accused may have access to the proceedings, prior to the holding of the trial, and know the scope of the complaint and the facts attributed to him, which will facilitate both the defense strategy and the choice of the most effective means of evidence for the success of the procedure.
Unjustified failure to appear may give rise to an arrest warrant, although the general rule is that the absence of the accused does not prevent the holding of the trial, or their conviction, in view of the penalties associated with minor crimes.
Any questions or concerns about a court summons? Contact us
At APALATEGUI ABOGADOS we are specialists in criminal law, as well as civil law. In case you have any questions about a court summons or require the assistance of a lawyer, do not hesitate to contact our law firm in Malaga.