Suspected of a drug offence? Stay silent, and call a lawyer first
A drug case often begins with a raid, an intercepted consignment or a wiretap. What the Public Prosecution Service (OM) then presents as watertight evidence frequently is not. We read the case file against the grain.
What Opium Act cases turn on
The Opium Act distinguishes between hard drugs (list I) and soft drugs (list II). The sentence differs greatly, and the classification — possession, having present, trafficking, production or import and export — determines everything.
In larger cases it is rarely the drugs themselves that matter, but the question of what you knew and what you did. Knowledge, control and involvement must be proven by the OM — not assumed.
Possession, trafficking or merely present?
If drugs are found in a home or car, the OM is quick to assume that you "had them present". Yet mere presence in a space is not enough: there must be a degree of control and knowledge.
The difference between possession and trafficking — sale, transport, delivery — determines the sentence. Quantity, packaging, scales, cash and messages all count. We firmly contest that classification.
Cannabis cultivation and grow operations
When a grow operation is discovered, alongside the cultivation there is often theft of electricity and professional or commercial cultivation. The question of who the grower is, who facilitated it and who merely rented out a space is decisive.
A grow operation in your rented home does not automatically make you criminally liable. We test whether knowledge and involvement are genuinely provable.
Criminal organisation and joint perpetration
Not infrequently the OM also charges participation in a criminal organisation (art. 11a Opium Act, art. 140 Sr). This inflates your role beyond what it is.
Joint perpetration requires close and deliberate cooperation and a substantial contribution. We unpick what you actually did and resist an overly broad attribution.
The evidence is the battlefield
Wiretaps, surveillance, tracking data, phone analysis, encrypted messages (EncroChat, SkyECC, ANOM) and statements by co-suspects form the core. Every method is subject to procedural requirements.
We request the complete case file, have witnesses heard by the examining magistrate and test the origin and reliability of that evidence — especially with hacked evidence from abroad.
Unlawful evidence and exclusion of evidence
If a wiretap was unlawfully ordered, a search conducted without valid grounds or surveillance taken too far, the result may be thrown out.
Such procedural errors (vormfouten) do not always lead to acquittal, but they regularly lead to exclusion of evidence or a reduced sentence. We confront the District Court with every link that does not hold.
Confiscation: the OM also wants your earnings
In addition to the sentence, the OM often seeks confiscation of criminally obtained gains (the "Pluk-ze" asset-recovery scheme). A rough sum can lead to a substantial amount.
We mount an independent defence against that calculation: which income is actually proven, which costs belong to it, and does the substantiation hold up? The claim is often considerably too high.
Sentence, and what it means for your future
The court is guided by the LOVS (national sentencing guidelines), but the ultimate sentence depends on your role, your part and your personal circumstances. Even a small case can have lasting consequences: without a VOG, jobs in care, education and security are out of reach.
From the very first moment we steer towards the outcome that burdens your future least — whether that is acquittal, a lesser classification or a suspended sentence.
When to call us
- There has been a raid or you were arrested after a search
- You have been wiretapped or followed, or there are encrypted messages in the case file
- A co-suspect has made a statement about you
- A cannabis grow operation has been found in your home or premises
- The OM has announced a confiscation claim ("Pluk-ze")
- You have received a summons for an Opium Act case
Frequently asked questions
The police say cooperating is better for me. Is that true?
You are not obliged to make a statement and remaining silent may never be used against you. In drug cases pressure is often applied towards co-suspects; an ill-considered statement is hard to undo later. Consult us first.
Drugs were found in a home, but not on me. Am I criminally liable?
Not automatically. The OM must prove that you had the drugs present or could exercise control over them. Mere presence in a space is not enough. We regularly run that defence successfully.
What is the difference between possession and trafficking?
Possession is about having present; trafficking about sale, transport or delivery. The quantity found, packaging, scales and messages all count. The classification determines the sentence, so we contest it firmly.
There was a grow operation in my rented home. Am I automatically the culprit?
No. The OM must show that you knew about the grow operation and were involved in it. Renting it out or being absent may actually strengthen your position. We investigate what is genuinely provable.
There is evidence from EncroChat or SkyECC. Can I do anything about that?
Yes. The origin, lawfulness and reliability of that hacked evidence are very much in dispute. We request access to the underlying data and run a targeted defence on that basis.
What is a confiscation claim?
In addition to the sentence, the OM wants to recover the estimated amount earned (the "Pluk-ze" asset-recovery scheme). That calculation is often too crude. We mount an independent defence against its scope and substantiation.
Can unlawful evidence be excluded?
Yes. A defective search warrant or an unlawful wiretap can lead to exclusion of evidence or a reduced sentence. We test every link in the investigation.
Will I get a criminal record and will it affect my VOG?
A conviction is recorded in your judicial documentation and can complicate a VOG application. We steer towards an outcome that burdens your work and future as little as possible.