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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10807
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I must testify tomorrow in Berlin against a man who tried to

Resolved Question:

I must testify tomorrow in Berlin against a man who tried to sell me weed, then ran away with my money was caught by police who watched us, and I was held for questioning against him. Now I received an official letter from the Polizeipräsident to go answer questions against the thief, but I need to know my rights, because although it is legal to smoke weed, the purchase is not legal, and although unsuccessful, I was attempting to purchase. What advice can you give me? The police on the phone told me the intention is to bring charges against just the dealer, but I was also bad by trying to buy. Please, any advice will be appreciated.
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.

legal eagle :

Dear Customer,

legal eagle :

thank you so much for using Just Answer.

legal eagle :

Of course you have rights as a witness.

legal eagle :

One of these rights is that you do not need to testify if your testimony gets you into trouble

legal eagle :

At the same time you must say the truth.

legal eagle :

If the truth is not said this could get you into trouble

legal eagle :

You have the obligation to testify in court.

legal eagle :

You are however NOT obliged to go to the police and testify.

Customer: Oh! Right now I have just the Zeugenvorladung to go to the police. Do you recommend I keep the appointment? I cannot discuss what I experienced without including the fact that I intended to buy weed. However the police already know that about my story. Will this just annoy the police if I don't go tomorrow, and then lead them to charge me with intention to buy?
Customer: I just want to do the safest thing for me
legal eagle :

Well you need to see for yourself and decide what to do.

legal eagle :

It is a bit dangerous but you are on the safe side if you do not name the amount you have bought and if you insist it was all for your own consumption

legal eagle :

Whatever you do do NOT tell them that you intended to share or to sell the stufff

legal eagle :

If they ask you questions taht seem dangerous to you just tell them that you would prefer not to answer

legal eagle :

If this is the case you must always tell. As a witness you are absolutely forbidden to lie

Customer: I see. Ok. Although I am nervous can, I do want to believe the police when they say it is a matter of building a case against the dealer thief, not about me. Can the police lie to me? Can I ask for that schriftlich?
legal eagle :

As sonn as the case is against you you must have your miranda rights.

legal eagle :

They must tell you if the case is against you

Customer: So then I have the right to answer nothing if they say they also make a case against me? What can be the penalties for me if that is their decision? I have my next Zuverlässigkeitsüberprüfung in Sept 2016 And i must pass it to keep my job. I cannot have big consequences from this.
legal eagle :

You cannot be punished if you just use your right as a witness

legal eagle :

The punishment depends on the type and the amount of drug

legal eagle :

If you just wanted to buy weed for your own consumption I do not think there will be any punishment at all

Customer: That is the truth. It was just for me, and only 40€ was stolen. I was not seeking a large amount.
Customer: Is there something formal I should say in the beginning of my conversation about my rights as a witness?
legal eagle :

Ok so there is not gong to be a problem with that

legal eagle :

No you need not say anything, the police must know

Customer: Oh good. That is all nice to hear. I thank you very much. I think that answers all my questions. Will I receive an email of our conversation when I close this chat?
legal eagle :

Yes you will

legal eagle :

I am going t switch to Question and Answer

legal eagle :

If I have helped I would very much appreciate getting a smilng smilie

Customer: :) danke vielmals! In 24 Stunden wird's erledigt sein und hoffentlich das Ende der Geschichte für mich. Die Smileys kommen gleich hinterher.
legal eagle :

Danke schön

legal eagle :

Sie können sehr gut deutsch

Customer: Danke! ich bin aber aus New York, und dachte das es besser ist dieses Gespräch auf englisch zu führen, weil es sehr wichtig ist. Ich wünsche ihnen einen schönen Tag! Danke XXXXX XXXXX den guten Rat.
legal eagle :

Sehr gerne

legal eagle :

Ihnen auch einen schönen Tag und alles Gute

legal eagle :

Ich gebe die Antwort zur Bewertung frei

legal eagle, Attorney
Category: German Law
Satisfied Customers: 10807
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and 3 other German Law Specialists are ready to help you

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