Giving Testimony to the Police – Summoned "Just to Testify"? Read This First

Did you receive a call from the police with a summons to give testimony? Many people breathe a sigh of relief — "I'm only a witness, not a suspect" — and arrive at the station unprepared. That is exactly the mistake the police rely on. The line separating a witness from a suspect is very thin, and it can be crossed with one sentence said at the wrong moment. Israel Arama, former Tel Aviv District Attorney's Office prosecutor, explains how to conduct yourself properly when giving testimony to the police.

What is testimony to the police?

Testimony is a procedure in which the police summon a person to provide information about an incident that they believe the person witnessed — saw, heard, or has relevant evidence about. Unlike an interrogation under caution, the witness is not suspected of committing the offense — and is summoned in order to help the police form a picture of the incident and lines of investigation.

But it is important to understand: the testimony you give is evidence in every respect. It will be reviewed by the prosecutor who will decide whether to file an indictment, and if a trial takes place — you will be required to take the witness stand and stand behind every word you said at the station.

The thin line: when does a witness become a suspect?

At any moment during the testimony, the investigator may "suspect" you — stop taking your testimony, caution you, and continue questioning you as a suspect. Sometimes this happens because of one innocent sentence: a witness who said, "I saw him attacking my friend so I grabbed him hard," immediately became a suspect of assault or participation in a brawl.

And there is an even more problematic scenario: sometimes a summons "to give testimony" is a deliberate tactic. The police summon a potential suspect as a "witness" in order to lull them — so they will not consult a lawyer and will arrive unprepared — and inside the interrogation room they discover that they are actually the suspect. Therefore, if you have been summoned to give testimony and have no idea what it is about — that is exactly the moment to be suspicious and seek advice.

Is it mandatory to appear to give testimony?

Section 68 of the Arrest Law regulates powers regarding the detention and summoning of a person who can provide information about an offense. Therefore, it cannot be stated categorically that a summons to give testimony is not binding. The source of the summons, the status, and the date should be clarified, and coordination or advice should be requested if necessary instead of ignoring it.

Your rights as a witness — and what you do not have

• The right against self-incrimination — a witness must cooperate and answer questions, except questions the answers to which may incriminate them in an offense. This is the most important right of a witness — and most witnesses are unfamiliar with it.
• Legal advice — preparation before arrival is helpful, and during the testimony you may request a break for the purpose of receiving advice and clarifying your status. It should not be assumed that in every situation there is an unlimited right to stop the taking of testimony; if suspicion against you is forming, it should be demanded that the status and the suspect's rights be clarified before the questioning continues.
• If during the testimony you become suspected and are cautioned — your status changes, and you are entitled to the full rights of a suspect: the right to remain silent and the right to consult a lawyer.

False testimony — do not be tempted

False testimony or an attempt to "help a friend" with a faltering version are a sure way to get into trouble: a witness who lied may be questioned themselves on suspicion of obstruction of investigative proceedings and providing false information — and turn from a witness into a defendant. Even "withdrawing from testimony" that has already been given puts you at real risk. The rule: truth, precise and considered — without vague answers that investigators will interpret against you.

Why consult a lawyer before giving testimony?

• Risk assessment — checking whether you really are "only a witness" or a candidate to become a suspect, even before you entered the station.
• Preparation for questions — understanding the incident for which you were summoned, mapping the expected questions, and the correct way to answer.
• Knowing your rights — when you are allowed not to answer, how to identify that testimony is becoming an interrogation, and what to do at that moment.

Many witnesses discovered in the interrogation room that a complaint had been filed against them — for assault, theft, sex offenses — without their knowing anything about it. Those who arrived prepared knew how to cope. Those who did not — incriminated themselves out of panic.

The advantage of a former prosecutor as your lawyer

Israel Arama, former Tel Aviv District Attorney's Office prosecutor, has read countless witness statements in the past and knew from the inside how the police build a case: how one testimony changes the strength of suspicion, which wording a prosecutor interprets as incriminating, and when a summons "to give testimony" is actually a trap for a suspect. That familiarity allows him to assess your risk precisely and prepare you for every scenario — before you have said a single word at the station.

Summoned to give testimony to the police? Do not arrive unprepared

Even an "innocent" witness can leave the interrogation room as a suspect and under arrest. One consultation call before arriving at the station can spare you an entire criminal case.

📞 Summoned to give testimony? Call for advice before you arrive at the station: 052-8675433

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