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You have received a transaction proposal from the prosecutor's office. What next?
If the District Attorney believes you are guilty of a criminal offense, in certain cases he may impose a sentence on you himself. You will then receive a criminal or a transaction proposal. Have you received a letter from the CJIB with the letter 'T'? If so, the OM wants to enter into a transaction with you. In the letter the OM proposes a fine of a certain amount. Please note that the OM has not yet imposed a penalty on you. It is only a proposal.
May I refuse the transaction proposal?
You are not obligated to accept the transaction proposal. Of course, it is a proposal for a reason. If you do not accept the transaction proposal, you do not have to do anything. After the payment deadline has passed, the prosecutor will decide whether to accept your criminal case to the police judge. The prosecution will then have to prove that you are guilty of a criminal offense. It is ultimately the police judge who decides whether (and what) punishment will be imposed on you.
What are the consequences of accepting a transaction proposal?
If you accept the transaction proposal, this will prevent you from having to go before the police judge. If you accept the settlement proposal, you have not confessed to the crime. However, it will appear on your criminal record (Judicial Documentation). This fact may interfere with obtaining a Certificate of Good Conduct (VOG). Be aware that this can cause problems in finding an internship or a new job. Therefore, never accept a transaction before you have presented your attorney has spoken.
Why is it wise to hire an attorney when you have received a transaction proposal?
If you accept the transaction proposal, it may affect your future. Your criminal record may not contain sufficient evidence for a conviction. Seeking expert advice can potentially avoid unnecessary consequences. For example, it is conceivable that your criminal record contains insufficient evidence for a conviction. Therefore, never accept a transaction proposal without first seeking the advice of an attorney. Our lawyers specialize in criminal law and can advise you on the transaction proposal. Please feel free to contact on.
Have you been invited to an OM community service hearing?
The Prosecutor's Office may be able to invite you to what is called a community service prosecution hearing. This is also known as a TOM hearing. During this hearing, the Public Prosecutor will make a transaction proposal to you in person. There is no judge present. It is wise to bring a lawyer to a TOM hearing. Your lawyer will ensure that the TOM hearing is conducted in accordance with the rules. In addition, an experienced criminal lawyer can immediately assess whether the transaction proposal is reasonable. If necessary, your attorney will formulate a counterproposal to settle the case immediately. Experience shows that defendants usually feel more comfortable with an attorney by their side helping them through these negotiations with the prosecution. Our criminal lawyers can assist you during the TOM hearing. Please feel free to contact us without obligation.
What is the difference between a criminal charge and a proposed transaction?
When the prosecutor makes you a transaction proposal, you will receive a letter from the CJIB with the letter 'T'. You are not obliged to pay the transaction proposal. When the OM imposes a punishment order on you, you will receive a letter from the CJIB with the letter 'O'. This letter describes the penalty the OM has imposed on you. If you do not opposes the criminal charge, you are obliged to comply with the penalty.
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