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As a defendant, you are invited to an OM hearing. Now what?
If the District Attorney believes that you are guilty of a criminal offense, in certain cases he can impose a penalty himself. This is called a punishment order. The punishment is imposed without the intervention of a criminal court. This can be done in two ways:
- You will receive the punishment order at home. If you do not agree with the punishment imposed, you can file an objection with the public prosecutor within fourteen days. You will then opposition to the penalty order. Our criminal lawyers are happy to help you file a proper legal statement of opposition.
- You will receive an invitation to a so-called OM hearing. During this meeting, the OM will propose a punishment to you in person. No criminal judge will be present at this.
Can you refuse an invitation to an OM hearing?
You are not obligated to accept the invitation to an OM hearing. If you refuse the invitation, the prosecutor may refuse your criminal case still submit to the police judge. You will then receive a summons. It is then ultimately the police judge who decides whether you will be given a punishment and what punishment is appropriate.
Why is it wise to hire a lawyer prior to the OM hearing?
Never accept an invitation to an OM hearing before speaking with a criminal lawyer. Your lawyer can investigate for you whether there is sufficient evidence against you. In addition, your lawyer will prepare you for the OM hearing. The lawyer will explain your rights and advise you about accepting a criminal charge. If you accept or refuse a punishment order without advice, you may suffer adverse consequences. Please feel free to contact us to avoid this.
Can you refuse the proposed criminal charge during an OM hearing?
You are not required to accept the proposed punishment. If you do not accept the proposed punishment, your case can still be submitted to the police judge. The prosecutor will then have to prove that you are guilty of a criminal offense. The criminal judge will ultimately decide whether you are guilty and what punishment (if any) will be imposed on you.
How does accepting a criminal charge affect your criminal record?
If you accept the punishment order, you no longer have to go to the police judge. This does mean that your guilt has been established. As a result, this will end up on your criminal record (Judicial Documentation). This can get in the way of obtaining a Certificate of Good Conduct (VOG). Keep in mind that this can cause problems in finding an internship or a new job. Therefore, never accept a criminal charge before speaking with your lawyer. Seeking expert advice can prevent adverse consequences in the future.
Why is it wise to bring a lawyer to an OM hearing?
An OM hearing is outside the criminal court. Thus, there is no independent judge evaluating the evidence. Your lawyer will ensure that the OM hearing is conducted according to the rules and will be able to advise you directly on the proposed sentencing order. If the prosecutor has little evidence against you, your lawyer may argue that the prosecutor should not impose a sentence on you. In the event there is enough evidence against you, an experienced criminal defense attorney can immediately assess whether the proposed sentence is reasonable. If necessary, your lawyer will formulate a counterproposal to dismiss the case immediately. 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 OM hearing. Please feel free to take contact with us.
What is the difference between a criminal charge and a proposed transaction?
If the prosecutor wants to impose a punitive order on you, you will be invited to an OM hearing. Do you agree to the punishment order? Then you are admitting guilt. If the Public Prosecutor gives you a transaction proposal wants to do, you may be invited to a so-called TOM hearing. You are not admitting guilt if you accept the proposal. Nevertheless, accepting either way will have consequences for your criminal record. The invitation you received will tell you which hearing it is. Never accept this invitation before speaking with a criminal lawyer. This can prevent adverse consequences in the future.
Are you looking for a criminal lawyer specializing in OM hearing?
Then contact us immediately for legal assistance in OM hearing.
