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Attorneys Petr Motyčka and Zuzana Brečková from the endors law firm also break down the entire main trial process in detail in this video. If you would like to hear their explanation directly, please watch it.
If you are currently dealing with an indictment or a court summons, get in touch with us. We will advise you on the next steps. trestni@endors.cz | +420 721 208 275
The judicial phase of criminal proceedings, contrary to what you might see on TV shows, does not start in the courtroom. Criminal proceedings have several phases. It begins with the investigation—the moment when the police typically contact you with a request to provide an explanation. How to handle this situation, we describe in detail in a separate article.
Then, the formal criminal prosecution may be initiated, followed by the investigation, and finally—if the public prosecutor concludes that there is sufficient evidence—an indictment (or a motion for punishment in the case of summary preparatory proceedings) is filed, and the entire matter moves to court.
First, you will receive a brief notice from the public prosecutor— notification that an indictment has been filed. Do not look for the actual indictment in that document, however. The court sends that, usually within a few weeks. And you will rarely receive it alone. The envelope usually contains: the indictment, a request for a statement, and the date of the main trial.
"The court will usually send you the indictment and, at the same time, schedule the main trial for a specific date," explains Petr Motyčka. "It depends on the judge how they conduct the entire proceeding, but it generally works something like this."
The reasons must be relevant. The court will, of course, understand health issues, but an argument like "I can't because I have to work," will not suffice. The court has clear rules for adjournments and mere unwillingness to appear is not a valid reason.
The law gives you the right to submit a written statement regarding the indictment. It is not mandatory. The judge will usually provide a five-day deadline, which is merely a procedural guideline—if you miss it, nothing happens. However, submitting a statement makes a lot of sense, not just for procedural reasons, but for psychological ones as well.
Petr Motyčka adds: "With this statement, you signal your primary perspective on the entire matter to the court. You can announce the evidence you intend to present in advance, and the judge will be familiar with these facts beforehand."
Zuzana Brečková adds by way of contrast: "The opposite situation is when you show up at the main hearing and start pulling out twenty documents, each dozens of pages long. The judge has a planned schedule and will either adjourn the hearing, which they won't be happy about, or they may be more inclined to reject your evidence outright."
Do you need help with your statement of defense? We will prepare it with you. Get in touch with us – trestni@endors.cz | +420 721 208 275
Above all, your position on the charges. Do you plead guilty? Do you want to propose a plea bargain? Are you considering a guilty plea? Or, conversely, do you want to defend yourself, but consider certain facts to be undisputed?
Preparing a statement is a natural moment to sit down with your lawyer and be honest about where you stand. Are you continuing with a vigorous defense? Or has the situation changed so much under the weight of the indictment and the evidence gathered that it is worth considering a plea bargain or a guilty plea?
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Preparation begins long before you step into the courtroom. If your lawyer has been working with you since the beginning of the preliminary proceedings, they know your case in detail. For them, the filed indictment means only one thing – a scheduled date that needs to be prepared for.
However, if you are only hiring a lawyer now, at the moment you have the indictment in hand, the process looks different. After signing the power of attorney, the lawyer will review the file, determine what evidence is there, evaluate it, and only then sit down with you to discuss the strategy.
Zuzana Brečková recommends: „There is no need to panic, but time for preparation is key. That is why it is better to reach out sooner rather than later."
Arrive with plenty of time to spare. When entering the courthouse, you will need to show your ID and pass through a security scanner. Keep in mind that this takes a while, especially in the morning when queues form at the entrance. For clients from Hradec Králové heading to the district court, lawyer Vojtěch Adámek has written a detailed guide
Dress formally. Court is a public institution, and your appearance is part of the impression you make on the judge. Men should wear a shirt and long trousers, ideally with a jacket. Women should wear business attire. You don't need to look like you're going to a gala, but you must look like you are taking the matter seriously.
Simple rules apply in the courtroom. Address the judge as "Your Honor," the prosecutor as "Prosecutor," and expert witnesses as "Expert."
Turn off your mobile phone. Do not comment on the proceedings, even if you disagree with something. Most importantly: whenever you are unsure how to react, ask your lawyer. That is exactly why we are sitting there with you.
Have you received an indictment and don't have a lawyer yet? Contact us at trestni@endors.cz.
The main trial begins with the identification of all persons present. The judge will state what will be discussed that day, and will call upon the prosecutor to present the indictment. It is usually read exactly as it is written.
Then it is the turn of the victim, if present. The court will ask if they wish to file a claim for damages or non-pecuniary harm.
And then the judge turns to the defendant. They will ask if you plead guilty. If you have already sent a written statement to the court, they will verify if your position remains the same.
If you maintain your defense – I did not do it, I do not feel guilty – the evidence will be presented in fullThe court will go through evidence piece by piece, reading documents and questioning witnesses and experts. In more complex economic cases, this can take several days of hearings.
But there is another option. If you propose a plea bargain or plead guilty, the evidentiary process is reduced by eighty to ninety percent. "At that point, guilt is established and no longer needs to be proven," says Petr Motyčka and adds that, essentially, only matters affecting the type and severity of the sentence are addressed then."
Throughout the entire evidentiary process, you have the right – and it is also advisable – to comment on individual pieces of evidence. At the very least, on the key ones. Your lawyer will help you with this and advise you on where to respond and where not to.
Are you unsure how your hearing will go? We will go over it with you in advance. Write to us at trestni@endors.cz
Once the court concludes the evidentiary process, closing arguments follow. The order is determined by law.
The prosecutor speaks first. They generally stick to the indictment, evaluate the evidence presented, and propose a sentence.
"However, it may happen that new facts have come to light during the main trial. Nothing prevents the prosecutor from proposing an acquittal – although this does not happen often,” says Zuzana Brečková.
After them, the victim speaks, if they are participating in the proceedings and have filed a claim.
And finally, the accused. You do not have to deliver your closing statement in person. Your lawyer can deliver it for you, and in most cases, that is how it is done. At the end, the judge will always ask if you have anything else to add. This is your right to a final word, and it always belongs to the defendant.
Then you leave the courtroom. The judge – either alone or as part of a three-member panel – will deliberate. And they will call you back to announce the verdict.
The announcement of the verdict is not a detailed analysis. The judge will state whether they found you guilty, under what legal classification, what sentence they are imposing, and will briefly explain the main reasons. Immediately after the verdict is announced, the judge will ask a key question: do you waive your right to appeal?
This is the time for a brief consultation with your lawyer right in the courtroom. You have two main options.
If the verdict is acceptable, you can waive your right to appeal. The judge will ask if you are also waiving it on behalf of other authorized persons – because someone else can also file an appeal for you. If you, the prosecutor, and potentially the victim all waive the right to appeal, the verdict becomes legally binding immediately. It is final, enforceable, and carries legal consequences.
Or you can say that you want to take time to consider your options. The court must issue the full judgment, including a detailed statement of reasons. It will be served to you, and the eight-day period for filing an appeal begins upon delivery.
That is precisely the question that no article on the internet can answer for you. It depends on the specific type and severity of the sentence, on how the evidence was presented, and on your personal situation. This is where you need a lawyer who was there, heard the entire proceeding, and can evaluate whether an appeal has a realistic chance of success.
A judgment becomes final and binding the moment it can no longer be appealed. This makes it final, binding, and enforceable. This happens if you waive your right to appeal or after the appellate court has made its decision. Even then, we can still find ways to fight for you.
One thing runs through the entire article with Petr Motyčka and Zuzana Brečková like a common thread: time. The sooner you reach out, the more room there is for preparation.
A lawyerwho gets involved in a case early on knows the entire file. They know what evidence is present, how strong the indictment is, and what strategies are viable. They can submit a high-quality response to the indictment, prepare you for the main hearing, and realistically evaluate whether to pursue a full defense or consider alternative solutions.
A lawyer who steps in the day before the main hearing is just playing catch-up. And it is not always possible to catch up enough.
If you have received an indictment, a court summons, or are unsure what to expect in court – get in touch with us. Attorneys Petr Motyčka and Zuzana Brečková from the endors law firm specialize in criminal defense and will guide you through every stage of the process, from the initial consultation to the final verdict.
Write to usat: trestni@endors.cz or call us at: +420 721 208 275
It depends on the complexity of the case and the approach of the parties involved. A simpler matter can be resolved in a single session lasting a few hours. In more complex economic or property-related cases, the main hearing can span several days or even months.
Yes. If you fail to appear without a valid excuse, the court may order you to be brought in. In some cases, the main hearing may proceed in your absence, which is generally not in your best interest.
Eight days from the delivery of the written verdict. If no authorized person files an appeal within this period, the verdict becomes final and binding.
Yes. The judge will ask you directly. If both you and the public prosecutor waive the right to appeal, the verdict becomes final and binding immediately in the courtroom.
A plea of guilt means that you, as the defendant, admit to committing the act stated in the indictment. The result is a significant reduction in the evidence-gathering process, as the court then focuses primarily on the sentencing.
Being charged is an action taken by the police or the public prosecutor during the preliminary proceedings, where the law enforcement authority issues a resolution to initiate criminal prosecution against a specific person. An indictment is the document by which the public prosecutor submits the case to the court for trial. The indictment comes only after the investigation is concluded.
Yes. A statement of defense is typically prepared by your attorney after they have reviewed the case file and consulted with you. Submitting a statement is a right, not an obligation, but it is highly recommended.
Sometimes life takes an unexpected turn, landing you in a situation you never anticipated. Perhaps you have received a police summons. Perhaps criminal proceedings have been initiated against you. Perhaps you are unsure of what is actually happening or what you should do. You are not alone in this.
Attorney and Partner at the firm endors for criminal law. Expert in criminal defense. Over 12+ years of experience before all law enforcement authorities and at all court levels.
Attorney at endors and criminal law expert. She specializes in criminal defense, representing victims, and compliance. Over 10+ years of experience in criminal defense.
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