Appear as witness in court for buying cannabis

14 posts in this topic

Hello people

 

A year ago I was caught by police for buying weed(20 euros) in Berlin.I remember the police saying that I might have to come to court to testify against the person who sold me weed since he was caught as well. A month later I received a letter saying that the case against me is dropped. I had to get my criminal record for work purposes and it was clean and no mention of any case. 

 

However now I received a letter asking me to appear in court as a witness. I'm kind of worried now and not sure what I am supposed to do.

 

Has anyone been in a similar situation? Will I need a lawyer? 

 

Thank you. 

 

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I have not but the prosecutor is probably going after the bigger fish (the dealer) and needing you as A witness for the case. Not sure the laws but if I were you id show up, dress nice and be honest about it. 

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I don’t see what you have to worry about. You are just a witness. You are not being prosecuted. You just have to turn up, answer their questions and leave. 

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The OP is obviously worried. Although he is not the one being charged, being in that kind of situation would make most people feel some level of anxiety. Suggesting that his testimony is going to turn him into the receiving end of a vengeful strike by organized crime is abit mean, don’t you think?. Even assuming that the dealer who sold him the dope is not some meaningless loser, but a dearly appreciated part of a criminal organization that would risk getting into serious legal trouble by exacting revenge on a buyer over something so petty, the chances of trouble are slim. 

 

One thing to remeber is that perjury is a crime. However, being forgetful, hesitant or unsure is not. Depending on how the OP feels about his personal safety if his testimony is hard (assuming the accused even knows who he is and how to find him) and “the war on drugs” taken to such ridiculous extremes at the tax-payers’ expense, he can choose to be more less helpful when delivering his testimony. What he says probably doesn’t matter very much. If, as he says, he and the dealer were caught in the act, the police officers’s testimony should be enough for a conviction. He might  have been subpoenaed just to reinforce the prosecutor’s case with his testimony. 

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44 minutes ago, AnswerToLife42 said:

If the "big fish" is a member of an Arabian mafia family,

 

Or a habitual criminal like the 'Besorgte' leader Lutz Bachmann, among other things  a convicted drug dealer? 

 

44 minutes ago, AnswerToLife42 said:

 

I would be very careful with what I would say.

 

 

Do you want to intimidate c999? 

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I sold my bike to a guy last month and I doubt I could pick him out of a lineup.  Asking to testify a year later over a transaction that took maybe 2 minutes places a burden on you that you should bear carefully.  If you're not sure, say so.  If you don't remember, say so.  Your testimony becomes part of the public record, so think twice about showing up as well.  Being asked is not the same as having a warrant.

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7 minutes ago, catjones said:

so think twice about showing up as well. 

 

Not showing up as a witness can get very uncomfortable. 

 

https://www.justizportal.niedersachsen.de/service/ratgeber_gerichtliche_verfahren/rechte-und-pflichten-des-zeugen-vor-gericht-56779.html 

 

"Nimmt ein Zeuge ohne genügende Entschuldigung den Termin nicht wahr, ergeben sich für ihn einschneidende Konsequenzen: Zum einen hat das Gericht dem Zeugen die durch sein Fernbleiben entstehenden Kosten, die z.B. bei Beteiligung von Anwälten und Sachverständigen beträchtlich sein können, aufzuerlegen. Zum anderen hat der Zeuge mit einem Ordnungsgeld und, wenn dieses nicht gezahlt wird, mit der Verhängung von Ordnungshaft zu rechnen. Auch ist die zwangsweise Vorführung des Zeugen gesetzlich vorgesehen."

 

 

"If a witness does not meet the deadline without sufficient excuse, the consequences are drastic: First, the court must order the witness to pay the costs of his absence, which may be considerable if, for example, lawyers and experts are involved. On the other hand, the witness must expect a fine and, if this is not paid, the imposition of a custodial order. The law also provides for the forced presentation of the witness."

 

Translated with www.DeepL.com/Translator

 

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22 hours ago, c999 said:

However now I received a letter asking me to appear in court as a witness. I'm kind of worried now and not sure what I am supposed to do.

 

Has anyone been in a similar situation? Will I need a lawyer? 

 

Thank you. 

 

 

I've been to court as a witness, you just turn up at said time and date, they ask you one or many questions relating to the drug dealer in your case and that's it.

 

If your German is not up to scratch then contact the court as soon as possible and ask for a Dolmetscher/translator, they have to provide one at no cost to you but do not leave it till the day.

 

You do not need a lawyer.

 

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Possession up to 15 grams for one's own use has been decriminalized in Berlin, which is why the charges against the OP were dropped. But selling it is still illegal. Which is pretty much bullshit, because cultivation is also illegal.

 

As others have suggested above, I wouldn't pick the guy out of a book of mug shots, which is what they'll likely ask you to do. It was a one-time thing and just too long ago. So sorry, but there's nothing you can do.

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2 hours ago, El Jeffo said:

As others have suggested above, I wouldn't pick the guy out of a book of mug shots, which is what they'll likely ask you to do.

 

Nope, op is not asked to go to the police to look at mugshots but to court. Courts don't use mugshots, they have living accused at hand. ;) 

 

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2 minutes ago, El Jeffo said:

Missed that part. Still, if the OP can't recognize him, he can't recognize him.

 

Sure. For the sake of completeness, however, it should be mentioned that he can be sworn in as a witness ... with all consequences.  @c999  Do you know if the police had surveillance in place? Did they film or tape the deals?

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  1. Quote

     

    How did it end? I was invited as well on similar case, what questions they asked?

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