In collaboration with Zapp Legal
One of the cases that came to the attorney's office Pinto in Nishi is that of B., an elderly man from Jerusalem, a victim of hostilities and a disabled person who was caught up in a long neighbor dispute, during which removal orders were even issued for the two neighbors. One day, the neighbor parked his car and blocked the passage from B's house B. When the latter asked him to move his car, law and order began and a short time later a police car arrived at the scene.
The police officers, who came to deal with the way the neighbor parked his car, entered B's house without a search warrant, while they were asking him if there was anything that shouldn't be in the house, and allowed themselves to search his house, when they ended up finding dozens of grams of cannabis-type drug.
B tried to explain to the police that he had medical documents that would testify to the fact that in the past he held a license allowing him to use medical cannabis, and asked to refer them to medical documents that teach about his medical condition, but the police did not accept his version.
B, who was enraged that the police searched his house, began to rage, and it is alleged that he threw a glass ashtray at them.
Later, the case was transferred to the police prosecution unit, which filed an indictment against B, alleging, among other things, the offense of possession of drugs not for self-consumption.
Only after an indictment was filed against B, he turned to the attorney office of Pinto Binishti, who represented him in the court proceedings.
"We raised a number of preliminary claims within the framework of the proceedings with reference number 50551-08-21 discussed by the Honorable Judge David Shaul Gabai Richter, and at the same time we submitted a request for a stay of proceedings to the Attorney General, in which we raised legal claims and claims concerning the medical condition and personal circumstances of B. D. Tomer Binishti.
"We proved that there is no doubt that medical cannabis is the essential medicine he needs and that without it we cannot maintain a normal lifestyle. We also proved that the ashtray was not smashed towards the police officers but towards the floor and that the versions of the police officers in the action reports were completely different.
After examining our request for a stay of proceedings and after examining all the allegations that were raised, it was decided to return the indictment and the indictment was canceled," says attorney Tomer Benishti.
The request was based, among other things, on the law initiated by the Minister of Justice, Gideon Sa'ar, regarding the disqualification of illegally obtained evidence.
Although, the cancellation of the evidence was not done automatically, but it expanded the discretion of the courts in this matter.
Also, the request gives an expression to the mindset of the legislator with regard to the offenses of possession and use of minor drugs, offenses that in certain circumstances do not cross the criminal threshold and remain within the limits of the decree of an administrative offense.
According to Attorney Benishti, there are preliminary claims that can be made as part of the procedure, with the aim of getting the indictment dismissed, therefore it is important to consult with a lawyer in the field, who understands the procedures in depth so that he knows exactly which claims to make and at what stage.
Pinto-Banishti, law firm // Photo: Nir Kidar,
At what stage in the criminal procedure is it advisable to contact a lawyer?
"In the case in question, B contacted us only after an indictment was filed against him, but in the criminal procedure as a whole, the rationale is to contact a lawyer as soon as a person is summoned for questioning and in no way to give your version to the police before consulting a criminal lawyer, and it does not matter what the nature and severity of the suspicions against you and how sure you are of your righteousness," says Attorney Benishti. According to him, an experienced criminal lawyer will know how to properly diagnose the case and give the client all the right tips and advice.
"When people show up for their first interrogation, they don't know what awaits them. Even if they are sure of their righteousness, and even if it is an apparently insignificant offense, they may make the common mistake and speak for themselves without consulting a lawyer before the interrogation. They think they can pass the investigation on their own , and when they come out of the investigation, they make the mistake of thinking that the incident is over, but in fact it has only just begun."
What can go wrong in an investigation?
"There are rules of conduct that must be applied in a criminal investigation which, by the way, as a rule, are fair and true for all types of offenses. However, of course each case is judged on its merits. Many things can go wrong without proper and professional advice: the suspect does not know what he is allowed or not allowed to say, what he needs Be careful during the investigation, and the police can carry out various interrogation exercises in an attempt to extract from him information that may incriminate him. Even if the suspect says things that in his opinion are negligible and have no meaning in his eyes, on a legal level they may be critical and harmful to him."
Attorney Benishti gives as an example the classic offense of assault: "Most people do not know that in order for the elements of the offense to be met, there is not necessarily a requirement that there be any physical contact, and therefore they are mistaken in thinking that if their version for the purpose of the matter is limited to the fact that there was no physical contact in the event, it will not be possible to establish against them the the offense
Or alternatively, people who threaten to harm the good name of another.
In such a situation, the crime of threats exists and many people are mistaken in thinking that only as long as it is a concrete threat to physically harm another, the crime of threats will exist.
Therefore, we will always return to the first and guiding rule: it is mandatory to consult a criminal lawyer before the investigation and not to waive this right in any way."
Indeed, contacting a lawyer specializing in criminal law, receiving advice prior to the investigation and detailed guidance on how to behave during the investigation can eliminate or significantly reduce the risks inherent in the investigation and the subsequent procedure.
The event is not over, it has just begun
Attorney Benishti explains that most people believe that when the investigation is over and they leave the police station, the incident is over, but there is a big mistake on their hands. The procedure is only in its infancy and it is possible that they will be summoned for further investigation or there may be a confrontation between the victims of the crime and the suspect. There may be additional investigative actions, therefore it is important that a lawyer will accompany the entire procedure from the beginning. "At the end of the day," says Benishti, "the role of the police is to collect the evidence and then, upon completion of the investigation, the case is transferred to one of the prosecuting authorities (prosecutors/prosecutions), who have the mandate to make a decision whether to shelve the case or To file charges".
According to Attorney Benishti, "This is a very important point in time and we must know at any given moment what the status of the case is and in particular when it was transferred to the prosecution.
At the end of the day, there are preliminary procedures that can be exhausted to try and avoid an indictment, for example a felony hearing.
The worst thing is to do nothing and let things take their course and then one morning God forbid receive an indictment and a summons to court," he concludes.
Has a lawsuit been filed against you?
Need assistance in the criminal field?
Contact the Pinto law firm here - in Nishi or by phone - 072-2596616
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In collaboration with Zapp Legal
