Arrested at Oktoberfest: German Criminal Defense Lawyers

Oktoberfest in Munich attracts millions of visitors from around the world each year. While it represents an unforgettable occasion for most attendees filled with joyful gatherings, flowing beer, and a sense of unbridled celebration, it also carries potential risks. Legal difficulties and an arrest at the Wiesn (festival grounds) can turn a beautiful festival into a nightmare, whether involving charges of assault, theft, sexual assault, drug possession, or other criminal activities.

At Schlun & Elseven, we understand how distressing such charges can be. During this difficult time, it is therefore crucial for those affected to engage the services of an experienced criminal defense attorney. Our German criminal defense lawyers ensure that our clients’ rights and freedoms are protected even in the most challenging legal situations.

The Legal Challenges at Oktoberfest

Legal problems regularly occur with festival-goers and other individuals at Oktoberfest, with statistics documenting hundreds of arrests during the festival each year. In this section, we examine some of the most common legal issues visitors might face and the legal implications associated with these incidents.

Assault (Bodily Harm)

Among the most common legal problems at Oktoberfest are physical assaults. If you are accused of assault, the legal consequences can be severe. Assault charges can lead to criminal records, fines, and even imprisonment, jeopardising your future prospects. In 2024, there were 212 reports of assault (including charges for grievous bodily harm).

Theft

The bustling activity at Oktoberfest makes it an ideal environment for theft crimes. Pickpocketing and other forms of theft can occur, disturbing victims and bringing criminal consequences for perpetrators. A conviction for theft can lead to penalties, fines, and damage to reputation. In 2024, 158 theft reports were filed at the Wiesn.

Drug Offences

The possession, distribution, or consumption of illegal substances can have serious legal consequences, including imprisonment and a criminal record that can have permanent effects. In 2024, charges under the German Narcotics Act (Betäubungsmittelgesetz) were filed in 133 cases. In the majority of cases, these involved offences concerning cocaine or cannabis.

Tip: This article explains how to behave best if you are caught with drugs at Oktoberfest.

Public Intoxication and Drunk Driving

Oktoberfest is known for its alcohol consumption, but public intoxication can lead to legal problems. For example, alcohol consumption is prohibited in subways, S-trains, buses, and trams in Munich.

Another area associated with public intoxication is the use of an e-scooter while under the influence of alcohol. If caught using an e-scooter while intoxicated, it can lead to the loss of a driving licence or licence suspension. This issue has played a prominent role in recent years, as e-scooters are considered motor vehicles under German law, and therefore, the same alcohol limits as for driving cars apply.

Sexual Offences

At significant events like Oktoberfest, allegations of sexual assault regularly occur, although an overall decline has been recorded thanks to improved security concepts. In 2024, 56 offences against sexual self-determination were reported – these were mostly sexual harassment or so-called “upskirting,” where intimate images are taken against a person’s will. Such accusations have profound legal and personal consequences, including possible imprisonment and the stigma of being labelled a sex offender. Our lawyers and attorneys have extensive experience advising clients in this situation about what to expect under German law and how to respond in such cases.

Legal Consequences

Understanding the legal implications of these incidents is crucial. Depending on the severity of the offence and available evidence, individuals may face a range of consequences, including:

• Criminal charges
• Arrest and imprisonment
• Fines and restitution
• Probation
• Criminal record
• Immigration consequences for non-German citizens
• Negative effects on employment and future opportunities

Your Rights Under German Criminal Law When Arrested at Oktoberfest

Being arrested at Oktoberfest or any other event can be a distressing experience. It is particularly difficult for tourists in Germany who may not be aware of their rights under German law. Language barriers can also play a crucial role in this discomfort. However, it is often unclear how to handle such charges even for visitors from Germany. You must be aware of your rights and know how to exercise them. In this section, we will explain individuals’ rights when arrested at Oktoberfest and highlight the importance of remaining calm and cooperative during this difficult time.

Right to Remain Silent

You are not required to answer questions from police officers beyond showing your identification. It is often in your interest to exercise this right until you have legal counsel. We at Schlun & Elseven cannot emphasise enough how important it is to use this right, as comments made at this point can be used later and may harm the defense.

The Right to a Criminal Defense Attorney

In Germany, as in many other countries, individuals have the right to legal counsel when facing criminal charges. This is a crucial right that can significantly influence the outcome of your case. We must again emphasise how important it is not to make statements or sign documents without consulting with our defense attorney.

The Right to Know the Charges Against You

Upon your arrest, you have the right to be informed of the charges against you. This includes being clear about what you are accused of and why you are being detained. In Germany, the Criminal Procedure Code (StPO) contains precise legal requirements for how the state can initiate proceedings against a person. Violations of these requirements are taken seriously by the courts. Therefore, it is important to note how police and other authorities interact with you during this time.

The Right to Refuse Searches

In some situations, law enforcement may request to search your property or person. You have the right to refuse such searches if they are conducted without a proper warrant or probable cause. However, it is essential that you communicate your refusal calmly and respectfully.

How Our Experienced Criminal Defense Attorneys Can Support You

Criminal charges, particularly after an arrest at an event like Oktoberfest, underscore the crucial importance of competent legal representation. Here, we explain the essential role our criminal defense team can play in protecting your rights throughout the court proceedings.

The Importance of Legal Representation

Our team is thoroughly familiar with criminal law and court procedures. We are prepared to ensure that your rights are protected and that you are aware of the intricacies of the law and criminal proceedings.

First, our lawyers will work tirelessly to protect your rights and interests. In practice, we examine evidence, question witnesses, and develop a solid defense strategy on your behalf. Our defense strategies are always tailored to our clients’ requirements. Our goal is to provide our clients with clear and well-founded advice and explain every decision’s legal implications.

Second, our team advocates for the protection of your statutory and constitutional rights and ensures that law enforcement follows proper procedures and respects your rights, including the right to remain silent and the right to legal counsel. Our attorneys are happy to advise you regarding your right to remain silent and how you can practically exercise this right in court and during questioning. With this advice, you can be confident that you will not inadvertently incriminate yourself in the proceedings.

Third, our attorneys will thoroughly examine the evidence brought against you, identifying weaknesses or inconsistencies in the charges or evidence that can be used for your defense. When assessing your case, our lawyers always explain what outcome they believe is possible based on the circumstances.

Fourth, our team is prepared to accompany and represent you throughout the entire process. If court proceedings are pending, our criminal defense attorneys will guide you through every step of the court process and ensure that you are well-prepared, informed, and equipped to make sound decisions. It may also be possible to achieve an out-of-court settlement through negotiations, and our lawyers will naturally examine this option.

Schlun & Elseven: Your Legal Counsel in Criminal Law

Being arrested at Oktoberfest is an unpleasant experience, but knowing what steps to take can significantly influence the outcome of your case. At Schlun & Elseven Rechtsanwälte, our criminal defense team is available for legal defense and ensures that you do not fall into the usual legal traps. Our lawyers are aware of the difficulties that visitors to Oktoberfest may face.

If you or someone you know has or is having legal problems at Oktoberfest, please contact us. Our team is here to provide you with the expert legal representation and support you need.