Heerlen - They both went for the same woman. The 30-year-old Mitchell had to pay for it with death, Roy P. (34)
Current criminal case
Know Your Right #2
Imagine your spouse engaged in a struggle, watching someone deliver a fatal blow. Soon the police are on the sidewalk. The officers want to know from you, as a witness, what happened. What a dilemma. Should you tell the truth? Should you make up a story? Can you retract a statement once made? In a panic, you tell the police everything that happened before your eyes, which lands your husband in jail for a long time.
By law, a witness cannot be compelled by the police to make a statement. In court, on the other hand, one must tell the truth. This means not only that a witness can be forced to testify, but also that he is punishable if, under oath, he lies.
However, the obligation to testify does not apply to everyone. For example, immediate family members of a defendant are not required to testify. The legislature, in some cases, places more value on preserving certain family relationships than on establishing the truth.
The right not to testify against a family member, for example, is called the "right of privilege" in the law. Thus, because of this right to privilege, a wife does not have to testify against her husband and a mother does not have to make a statement about one of her children.
But what can a person entitled to privilege do if he, or she, has made a statement to the police anyway? Often I hear clients say that they "then just retract the statement anyway." After all, they were not under oath. However, that is not possible!
A witness may make a new statement to the court, but this does not delete a previous statement. All statements made remain part of the record. And it is up to the judge to judge the reliability of all statements in that file.
Therefore, my advice is:
Be aware that you are not always required to testify. In the case of a suspected family member, you can invoke your right to privilege. If you do wish to testify, be aware that once you have made a statement, it cannot be retracted. Always consult your lawyer before making a statement. He can advise you about your rights and obligations.
In the media
with current criminal cases
Maastricht - How the bassist of the Heideroosjes came into the picture in a child pornography case, the justice department will not say now. The
Heerlen/Stein - A data breach at telecom provider T-Mobile (now Odido) led to the theft of at least 112,000 euros worth of crypto currency.
Kerkrade - One of the two suspects in the robbery murder of Fabian Esser (33) on June 23, 2022 in Kerkrade
Brunssum - A 15-year-old investigation into an aggravated assault in Heerlen has been cracked open thanks to a DNA match. In November
The court sentenced a 58-year-old man and a 60-year-old woman from Apeldoorn for a series of arson attacks in their hometown. They
HELMOND - Jahangir A. is serving a 10-year prison sentence for the manslaughter of Els Slurink of Groningen, but had to be
Police have arrested three men for the stabbing Monday morning in Sittard that injured two people. Three men from