What To Do If You Are A Witness In A Criminal Subject
As a witness in a criminal case, you may be summoned in cases where the competent authorities (the prosecution and the court) consider that you have knowledge and that you are likely to be able to report on the crime and the perpetrator, as well as other important circumstances. For example, if you have seen the crime when it happened, if you have heard something about it and so on. Hire a criminal law firm brampton to help you with this matter.
You will be summoned with a written invitation stating your name and surname, time and place when and where you should come, the criminal case in connection with which you are being summoned, as well as a warning about the consequences in case you do not call the invitation. The invitation will indicate that they are calling you as a witness.
Do you have an obligation to help?
Yes, whenever you receive such an invitation, you are required to contact the body that is calling you, at the time and place indicated in the invitation. But in some circumstances, such as, for example, due to old age, illness or severe physical defects that disable your movement, you can be examined in your home or elsewhere.
If you are duly summoned, and you do not call the summons, without justifying your absence, you may be forcedly brought in by a court order, and the court may punish you with a fine. If you are prevented from coming, you should promptly inform the body that called you. The reasons justifying the absence may be different, but their justification is, of course, assessed by the body conducting the procedure.
Do you need to answer all the questions
Yes, you are obliged to answer the questions asked. If you refuse to answer the questions, you can be fined twice, and if you refuse to testify after the second fine, the court can impose a prison sentence of up to 30 days. Sometimes, if asked by you, giving a statement implies an obligation to recognize the objects and persons who are showing you.
Do you need to reveal the truth
Yes, you are obliged to speak the truth on the questions asked, without silencing anything from what you know about the crime and the offender. When you did not say everything that you know, that is when your statement does not give full a picture of the facts that you have noticed and remembered, then you will be considered to be silent. The testimony is false when it is not in accordance with your knowledge of the event and in general the facts that are the subject of proof. Giving a false statement is also considered if you give a statement that you do not know anything about what is being said, for example, that you have not seen anything, you have not heard anything, and you have actually seen and heard it.
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