Legal assistance with TOM hearing | Legal aid centre

Questioner

Good evening, I was invited to a tom session because I hit someone. Now my question is, does it have positive consequences if that person withdraws the report? greeting

Lawyer

In principle, no. A report cannot really be withdrawn. That person could write a letter to generate positive influence on the case.

Lawyer

Dear reader, The public prosecutor has already decided to prosecute you. The informant can indeed write a letter, but the decision to prosecute you (further) ultimately lies with the public prosecutor. At the TOM hearing, you will be offered a punishment. This can be community service or a fine. Please note: if you accept the punishment, you will have a note on your criminal record. This can cause problems in the future if you need a Certificate of Good Conduct. You may be wise to take a lawyer with you to the TOM hearing. He/she can request the file in advance and discuss your chances. Good luck with that.

Lawyer

A declaration cannot indeed be withdrawn. However, a letter from the declarant can make a positive contribution. In some cases, the Public Prosecutor can also decide at the TOM hearing to dismiss the case or to dismiss it conditionally. In the first case, the case will be archived without consequences. In the second case, you will be given a probationary period; if you commit a new criminal offence during the probationary period, this offence will still be prosecuted - together with the new offence. A lawyer can review the file with you and all your personal circumstances to determine the best possible outcome. In any case, I wish you much strength.