Frequently asked questions — Criminal law & your rights

Answers to the most frequently asked questions about criminal cases: your rights on arrest, the right to silence, fees and legal aid, the police interview and the path to court. Criminal defence lawyers Amsterdam.

I have been arrested. What should I do first?

Invoke your right to remain silent and ask for a lawyer. You need not and must not make any statement before you have spoken to us. Contact us as soon as possible; we respond the same day.

What does a criminal law lawyer cost?

That depends on your case and income. If you are eligible for legal aid (a toevoeging), we arrange it through the Legal Aid Board. Otherwise we make clear arrangements about the costs in advance.

Am I eligible for legal aid (pro deo)?

With a lower income and assets, often yes; on arrest, in many cases a lawyer is assigned automatically. We test your situation and apply for the legal aid on your behalf.

Is my conversation with you confidential?

Entirely. Everything you share with us falls under our duty of confidentiality. We may not and will not disclose it to anyone.

Must I cooperate with an interview?

No. You have the right to remain silent and that may never be used against you. Whether, when and what you say, we decide together on the basis of the case file.

How quickly can you take action?

We respond the same day. If you contact us during the day, we will get in touch with you that day. If you contact us at night, we will message you the next day.

What is the difference between a suspect, being arrested and being summoned?

You are a suspect where there is a reasonable suspicion of guilt; being arrested means you have been held for investigation; a summons is the order to appear before the court. At every stage we can and want to assist you.

Do you work throughout the Netherlands?

Our office is in Amsterdam, but we appear at District Courts and Courts of Appeal throughout the Netherlands.

How long may the police hold me?

After an arrest you may first be held for a maximum of nine hours for investigation and interview; the night-time hours do not count towards this. After that the public prosecutor can place you in police custody (inverzekeringstelling) for three days, renewable once. If remand (bewaring) follows, the examining magistrate decides. We monitor every time limit and mount a defence at every moment.

What exactly does my right to remain silent involve?

As a suspect you are never obliged to answer questions. The police must inform you of this in advance (the caution). You may remain entirely silent, and that is often wise until you have spoken to us and the case file is known.

Does remaining silent work against me?

No. Silence may never be used as evidence of guilt. The police sometimes suggest that cooperating is better or that silence leads to a higher sentence; that is an interview technique, not a legal rule.

May I be assisted by a lawyer at the police interview?

Yes. You have the right to consult a lawyer confidentially before the interview (consultation assistance) and to have your lawyer present during the interview (interview assistance). Always make use of this and do not make any statement before you have spoken to us.

I have been summoned for interview, but not arrested. Must I come?

You need not always comply with an invitation, but ignoring it is usually unwise. Call us first: we find out what you are suspected of, decide together on your position in the proceedings and prepare you or come along.

Can I nominate my own lawyer on arrest?

Yes. Give the police our name on your arrest, and we will be informed of your case and come to the station. If you do not, a duty lawyer on call will be assigned to you.

What is a duty lawyer?

That is the lawyer on call who provides the first assistance free of charge on an arrest if you do not nominate a preferred lawyer. You may always ask for your own lawyer; then give our name.

I have been summoned as a witness. Do I need a lawyer?

Often that is wise. The line between witness and suspect is sometimes thin, and what you say as a witness can play a role later. Consult us briefly before you go.

Must I sign the official report of my interview?

You are not obliged to sign. First read the report carefully together with your lawyer: if it says something other than you meant, we have it corrected or supplemented.

What happens after the interview?

The police complete the investigation and send the case file to the Public Prosecution Service. The public prosecutor then decides whether your case is dismissed, dealt with by a penalty order (strafbeschikking) or whether you are summoned. It is precisely in that stage that there is often still room to steer.

I have received a summons. What must I do?

A summons is the order to appear before the court; it states what you are accused of. Take it seriously and call us straight away. We request the case file, decide on the defence and speak on your behalf at the hearing.

What is an OM penalty order and can I object to it?

A penalty order (strafbeschikking) is a sentence imposed by the Public Prosecution Service without a court. Paying means acknowledging. With a timely objection we bring the case before the court after all or achieve a more favourable disposal. The time limit is short, so do not wait.

My driving licence has been seized. Will I get it back?

On seizure the Public Prosecution Service decides within ten days on return or retention. We immediately file a complaint or request for return; speed is decisive here. If it runs via the CBR, that is a separate, administrative-law procedure.

What is pre-trial detention and can it be lifted?

That is being held longer while awaiting your case, on the order of the court. We request suspension or lifting as soon as the grounds allow, with a concrete plan for work, housing and treatment, and mount a defence at every extension.

Will I get a criminal record, and what does that mean for a VOG?

That depends on the outcome of your case. A conviction or penalty order is recorded in your judicial documentation and can have consequences for a Certificate of Good Conduct (VOG). We deliberately steer towards outcomes that burden your future as little as possible.

Can I appeal or go to cassation?

Usually yes. Against a judgment of the District Court you can appeal to the Court of Appeal within fourteen days; against a ruling of the Court of Appeal, cassation is open before the Supreme Court. We discuss together whether that is promising and wise.

I do not speak Dutch well. Is there an interpreter?

Yes. You have the right to free assistance from an interpreter at the interview and at the hearing. We ensure that you understand everything and that your statement is recorded correctly.

Can I change lawyer?

Yes, you decide who assists you and can in principle switch at any time. We request your case file and take over the case carefully.

Do you also assist victims and injured parties?

Yes. We assist not only suspects but also victims who wish to join the criminal proceedings as an injured party and recover their damages. Feel free to put your situation to us free of charge.

What can I do myself before I speak to you?

Stay silent about the case, including to fellow detainees, and do not make any statement without consultation. Keep summonses, letters and messages. Then call us; the sooner we take a look, the more room there is to steer.