Have you been called as a witness in a criminal case? As a witness, you play an important role in ensuring that the case is explained in the most correct way possible. In this article, you will get an overview of what it means to be a witness in court, what duties and rights you have, and what you should be prepared for.
You are called as a witness because you may have information that is relevant to a criminal case. It may be something you have seen or experienced yourself, or information you have received through conversations or incidents. The court depends on witnesses telling what they know, so that the court has the best possible basis for deciding the case.
As a general rule, you are obliged to appear in court when summoned. If you fail to appear without a valid reason, the court may impose fines or, in extreme cases, arrange for the police to pick you up. If you are ill or have another compelling reason for not appearing, you must document this and contact the court as soon as possible.
When you appear in court, you will usually wait in the hallway or in a witness room until it is your turn. When you are called in, you must identify yourself. Before you explain yourself, you will be reminded of your duty to tell the truth.
Although you are obligated to meet and speak the truth, you also have rights:
Testifying in a criminal case may feel unfamiliar, but your role is crucial to the functioning of the justice system. You have a duty to appear and tell what you know, but you also have the right to protection and coverage of necessary expenses. By appearing prepared and being honest in court, you contribute to a fair trial.
Insa lawyers have extensive experience in assisting in various criminal cases. We offer a free and non-binding initial consultation, where we can review your case and advise you on your rights. Book a non-binding consultation here .
An interview is a conversation between you and the police. The difference between an interrogation and a normal conversation is that interrogations are a bit more formal and both you and the police have to follow certain laws and rules.
By questioning people who have information about the reported incident, the police will gather relevant information about what happened.
The police must be objective in their investigation, and this also applies to the interview. If you are a suspect or accused in a case, the police must always collect both information that shows that you are guilty as a suspect and information that shows that you are innocent.
Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.
When you are questioned by the police, you are either a victim, witness, suspect or accused in the case. The distinction between suspect and accused can be a little difficult to understand, but it depends, among other things, on whether the police have arrested you, searched your home or seized something from you.
If a person has the status of a suspect, this will give them certain rights. They will obviously have the right to defend themselves against the suspicion. The person can also familiarize themselves with the case documents if this will not harm the investigation or others. Prior to questioning, the person must also be made aware of what the case is about and that they are not obliged to explain themselves. The person must also be informed that he or she has the right to be assisted by a defense counsel. However, as a rule, the public authorities will not pay for a defence counsel until the person has been charged, and in principle only if the prison sentence could be longer than six months.
The status of an accused person carries additional rights that a suspect does not have. For example, the accused is entitled to a defense counsel at all stages of the proceedings. He also has the right to read the case file. Furthermore, the accused has the right to know the evidence against the charge and the evidence in favor of the charge. The accused may also refrain from commenting on matters that may contribute to his conviction. An accused person will also be entitled to compensation for unfair prosecution.
If you are a suspect or accused in a case and are being questioned, you have the right to have a lawyer with you; a defense lawyer. In some cases the defense counsel is paid for by the public authorities, in other cases you have to cover the costs yourself. There is free choice of defense counsel, which means that you can always choose the defense counsel of your choice.
If you are a victim, you also have the right in some serious cases to be accompanied by a lawyer - a publicly funded legal aid lawyer - who can be present during questioning. In addition to a legal aid lawyer, the victim may also have a person you trust with you during questioning. This person should not be a witness in the case. In this case, he or she must be questioned before you, the victim, are questioned.
If you are under 18 years old, suspected or accused and are being questioned, your parents or guardians and the child protection services must be notified and given the opportunity to be present during the questioning if possible.
If you are a witness or victim and you are under 16 years old, your parents, guardian or someone else you trust should be allowed to join you.
If you have any questions about the article or want to talk about a case, you can contact us at Insa lawyers - at no cost to you here.
If you have been the victim of a serious criminal offense, you may be entitled to free legal assistance through a legal aid lawyer. This is an important right that many people are not aware of – and which can be crucial to getting the support and security you need.
In this article, we explain who is entitled to a legal aid lawyer, what the lawyer can assist with, and how to go about having one appointed.
A legal aid lawyer is a lawyer who looks after your interests as an injured party or victim in a criminal case. The lawyer supports you throughout the entire process – from the complaint and investigation to the trial and any compensation claims – and will ensure that your rights are followed up.
You are entitled to free legal assistance in a number of serious cases, including:
In addition, the court may consider that you need legal assistance in other serious cases, even if this is not directly required by law. This is especially true if the case is burdensome, you are in a vulnerable situation, or you have difficulty safeguarding your rights on your own.
Children under the age of 18 are generally entitled to legal representation in all relevant cases – even if they have witnessed serious violence or abuse.
The legal aid lawyer will help ensure that you are heard, understood and well taken care of throughout the case. The lawyer can help you with, among other things:
In many cases, the lawyer will also be able to give you guidance about other rights – for example, access to healthcare, crisis centers or other support services.
No. If you are entitled to legal assistance, the public sector covers all costs. You pay nothing yourself, and there is no deductible.
If you want assistance in a case where the court does not grant an appointment, you must cover the costs yourself. A lawyer can help you assess whether there are grounds for free assistance, and if necessary, submit an application to the court.
In most serious cases, the police or the court will inform you if you are entitled to legal assistance. You are free to suggest which lawyer you want. The court will usually take this into account – as long as the lawyer has the necessary competence and capacity.
If you do not have a specific lawyer in mind, the court will appoint one for you. You can also contact a lawyer who works with such cases directly.
At Insa advokater, we have extensive experience in assisting people affected by criminal acts. We offer a free and non-binding assessment of your case, and can help you to appoint a legal aid lawyer where appropriate.
Contact our criminal law lawyers for a non-binding assessment of your case.
Being subjected to unjustified criminal prosecution can be a heavy burden – both psychologically, socially and financially. Fortunately, there are rules in Norwegian law that give you the opportunity to seek compensation if you have been subjected to unjustified criminal prosecution. Here you will get an overview of who can claim compensation, what you can get covered, and how to proceed.
Wrongful prosecution means that someone has been the subject of an investigation, arrest, detention, indictment or trial – without ultimately being convicted, or if the person concerned is later acquitted. It can also be a case that is dropped after the person concerned has been subjected to significant interference.
The purpose of the compensation scheme is to provide compensation for the injustice and burdens that have been incurred as a result of a process that turns out to have been unjustified.
You may be entitled to compensation if you have been:
Compensation can be granted regardless of whether someone has acted negligently or made a mistake – it is sufficient that you have been subjected to an intervention by the legal system without there being any basis for this.
The compensation can cover both financial and non-financial losses. The most common are:
The amount of compensation is assessed specifically in each individual case, and the amounts may vary depending on how serious the intervention has been.
The state is responsible for paying compensation in the event of wrongful criminal prosecution. Applications for compensation are submitted to the Norwegian Civil Rights Administration (SRF), which assesses the claim in accordance with the rules of the Criminal Procedure Act, Chapter 31.
The application should contain:
It is recommended that you contact a defense attorney with experience in tort law for assistance in the process. In most cases, you can have your attorney's fees covered through the legal aid scheme.
An application for compensation should be submitted as soon as possible after the case has been concluded. You usually have 3 years from the time you learned that the criminal case was dismissed or you were acquitted. It can be unfortunate to wait too long – both because the evidence is weakened, and because a long wait can affect the outcome.
If you have been subjected to wrongful criminal prosecution, you have good opportunities under Norwegian law to claim compensation from the state. The scheme is there to restore a certain amount of justice and provide compensation for the burden you have been through.
Would you like help evaluating your case? Contact one of our experienced lawyers for a free assessment – it may be a good place to start.
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