Arrested — or has someone you know been arrested? Do this now

An arrest catches you off guard — whether you are detained yourself or hear that a family member is at the station. Two things count now: stay silent about the case, and make sure a lawyer stands beside you before the first interview.

Invoke your right to remain silent

You are never obliged to make a statement, and silence may not work against you. What you say in the first interview can hardly be undone later. Say kindly but firmly that you want to speak to your lawyer first.

Nominate our name as preferred lawyer

Tell the police: “I want to be assisted by Keizer Strafrecht in Amsterdam.” The police are then obliged to inform us. If you do not, a random duty lawyer on call will be assigned to you.

Sign nothing without consultation

Do not sign any statement or official report before we have read it together. If it says something other than you meant, we have it corrected.

Is a loved one detained? Call us straight away

Family members are usually not allowed direct contact with an arrested suspect — we are. We go to the station, speak to your loved one confidentially and keep you informed of what we are able to share.

How long may the police hold you?

After the arrest you may be held for a maximum of nine hours for investigation and interview; the hours between midnight and nine in the morning do not count. After that the public prosecutor can place you in police custody (inverzekeringstelling) for a maximum of three days, renewable once.

If you remain detained longer, the examining magistrate must decide on it (remand, bewaring). At each of those moments we mount a defence and monitor the time limits — every day of unnecessary detention is one too many.

The first assistance at the interview is free of charge

If you have been arrested, you have the right to a lawyer before the first interview (consultation assistance) and during the interview (interview assistance). That duty assistance is paid for by the government — it costs you nothing to have us beside you.

Always use that right. The police may ask you to waive it; do not do so before you have spoken to us.

What we do for you straight away

We come to the station, speak to you confidentially, find out what you are suspected of and decide together on your position in the proceedings: to remain silent, to make a statement or to make a partial statement. After that we assist you at every interview and at the remand hearing.

If you are in police custody or remand is threatened, we request release or suspension as soon as possible, with a concrete plan for work, housing and family.

The timeline after an arrest

Every phase of detention has its own decision point — and at each of them there is something to be won. After being held for investigation, the public prosecutor decides on police custody. If that follows, you are brought before the examining magistrate within days.

The examining magistrate reviews whether the police custody was lawful and decides on remand (bewaring): a maximum of fourteen days of pre-trial detention. After that, the court in chambers can order continued detention. At every step we argue against further detention and put your personal circumstances on the table.

Many cases end differently from what suspects fear in the first hours: release after the interview, a suspension under conditions, or a settlement without a hearing. But those outcomes do not happen by themselves — they are fought for in precisely these first days.

Suspension: awaiting your case at home

Even if the court orders pre-trial detention, it can suspend it under conditions — for instance a duty to report, a contact ban or the provision of security. You then await your case at home, keeping your job and family life.

We substantiate a request for suspension concretely: what is at stake in terms of work, education, housing and care duties, and which conditions remove the risk for the justice system. A well-prepared request makes the difference between inside and outside.

Common mistakes in the first 24 hours

Talking in order to “clear up the misunderstanding” before you have spoken to a lawyer. Waiving your right to consultation assistance because “it will be over sooner”. Signing a statement or official report without reading it critically. Talking about the case with cellmates or during telephone calls from the cell complex — those can be recorded.

Each of these mistakes is understandable and avoidable. The rule of thumb is simple: about the case you speak first with us, and only then — if that is wise — with anyone else.

What can you do as a family member?

Call us as soon as possible and tell us where your loved one is being held, since when and — if you know — what he or she is suspected of. We then contact the police straight away and go to the station.

Practically, you can hand in clothing, medication and glasses at the cell complex. Do not discuss the substance of the case by telephone or by message: communication with a suspect can be read out. Whatever you want to know or share about the case runs safely through us — our contact with you and with your loved one is confidential.

Veelgestelde vragen

My partner or child has been arrested. What can I do?

Call us. You yourself usually cannot get in contact with the suspect, but a lawyer can. We go to the station, provide assistance and inform you of what we are allowed to share.

Does the lawyer at the police interview cost money?

No. On an arrest the first assistance (duty) is paid for by the government. Afterwards too you are often eligible for legal aid depending on your income.

The police say it will be over sooner if I cooperate. Is that true?

That is an interview technique, not a rule. Silence may never work against you. What is wise, we decide together — after we know what is in the case file.

Can I choose my own lawyer instead of the duty lawyer?

Yes. Give the police our name as preferred lawyer; then we will be informed and come to the station.

Will I be released after the interview?

Often yes: most suspects are sent home after being held or the period of police custody, after which the case continues in writing. We ensure you know what comes next and remain your point of contact.

Do I have to give the access code of my phone?

The police can seize your phone, but you are not obliged to state your access code. Do not give access and do not make any statement about this before you have spoken to us — this too is part of your right to remain silent.

Will the arrest give me a criminal record?

The arrest itself is not a conviction. Whether anything ends up on your judicial documentation depends on the further course of the case. That is exactly why we steer from the first hour towards the outcome with the fewest consequences, including for your certificate of conduct (VOG).

I was detained wrongly. Am I entitled to compensation?

If your case ends without punishment — for instance through dismissal or acquittal — we can request compensation on your behalf for the days you spent in detention. We monitor the time limit and submit the request for you.

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