- Urgent case? Criminal defence lawyers 24 /7
- Arrested / apprehended by the police?
- The advantages of selecting your own criminal defence lawyer
- Right to remain silent
- Invitation to report to the police
- Detention for interrogation
- Police custody
- Remand in custody
- A proper preparation is vital
- Range of criminal proceedings
- Proceedings in court
- Proceedings before the court of appeal
- Proceedings before the ‘Supreme Court of the Netherlands’
- Proceedings before the European Court of Human Rights
- Information on fees
- Complete the form for free legal advice or other queries.
Urgent case? Criminal defence lawyers 24 /7
In case of an emergency you can always contact a criminal defence lawyer around the clock, thanks to the size of our firm. Whenever, for example, a search is conducted either at your home or company by the police or the FIOD, the Dutch anti-fraud agency, or you are arrested by an investigating service, this qualifies as an emergency.
Our arrival is always inconvenient for the police and for you, we will be right on time.
Arrested / apprehended by the police?
As long as you are free, as a suspect, you can contact a criminal defence lawyer yourself. Immediately after your arrest by the police, you are entitled to consult a lawyer. However, often you are no longer able to contact a criminal defence lawyer yourself, once you have been arrested by the police. In such an event, you can indicate to the police by which criminal defence lawyer you wish to be assisted. The police will phone him on your behalf. Should you be unable to provide the particulars of the preferred lawyer, the duty lawyer is assigned to you. This lawyer often has less expertise in criminal proceedings. Nevertheless, at any given moment, you may choose to be represented by another lawyer.
Arrests are often unexpected and suspects are not prepared. Once in confinement, he is no longer able to search a lawyer.
As the relative of a person who has been arrested by the police, you can, of course, always contact one of our criminal defence lawyers. Often this is appreciated by the suspect. Then, we will act as the lawyer of choice and will proceed immediately to visit your loved one at the police station. In principle, this involves no costs and it offers the additional advantage that we will be able to inform you on the situation of your relative. Contrary to many other lawyers, we consider it self-evident that we keep you informed.
As we act as criminal defence lawyers throughout the Netherlands, one phone call is all it takes to start organizing the defence.
The advantages of selecting your own criminal defence lawyer
Generally, one knows whom one is dealing with and that one is in good hands. Particularly in criminal proceedings this is a comfort. We recommend that you consult with a competent criminal defence lawyer before you are interviewed by the police. Whether you are guilty or not, is not relevant. The criminal defence lawyer can prepare you for the interrogation and explain you what you shall bear in mind. A good criminal defence lawyer will of course point out your rights, amongst which the right to remain silent.
After your arrest, you will have many concerns and it is important that you do not have to worry about your legal assistance. It is important that you feel safe and that your interests are being served by a trusted criminal defence lawyer who provides you with appropriate advice. You need to team up and align with your lawyer to design a good defence.
Right to remain silent
Many people want to tell the police all sorts of things and answer the questions raised by them. Often because they think they have nothing to hide or because they consider it impolite not to answer.
We tell these people that they should be aware of the fact that they are suspects. The police is having a suspicion, rightfully or wrongfully. Either way, as a suspect you have the right to remain silent. A right that is explicitly included in the law.
Anything you state to the police, may be used against you. This applies equally to any comment made outside of the interrogation. Moreover, it is complicated to reverse anything you have said. For this reason, we recommend, in advance, that you invoke your right to remain silent in all cases until, after consulting with your criminal defence lawyer, you may choose a different course of action.
Invitation to report to the police
You may receive an invitation to report to the police if they want to interview you. Before you go there, contact a criminal defence lawyer.
You can consult with the criminal defence lawyer whether or not to report and possible consequences, should you decide not to. Furthermore, a lawyer can advice you about your rights during the police interview. For example, if you have not been arrested, you are free to leave whenever you want to.
It is our criminal defence lawyers’ pleasure to talk you through your rights.
Detention for interrogation
In principle, if you are arrested, the police can hold you 6 hours for questioning. The period of time between midnight and 9 a.m. is not taken into account. During this period of time you are entitled to the assistance of a criminal defence lawyer.
Never waive your right to consult a lawyer before the first interrogation!
After you have been arrested by the police and interrogated they can decide to extend your custody. This is called police custody and, in principle, it may last 3 days. During this period of time, the police can continue to interrogate you and carry on to investigate. In this period of time, it is crucial, that you have access to the assistance of a criminal defence lawyer to inform you about your rights and to advice you on your course of action during the proceedings.
Should the police wish to extend your detention, you shall be brought within 3 days and 15 hours, before an investigating magistrate who does an assessment as to whether your detention was legitimate or not and if your detention shall be extended.
Remand in custody
Provided the objections/ suspicions are strong enough, the investigating magistrate can order your custody. This order marks the beginning of the pre-trial detention and you will be deprived of your liberty for a period no longer than 14 days. At the hearing before the investigating magistrate, it is of the utmost importance that you are assisted by a criminal defence lawyer. Depending on the case, a criminal defence lawyer, putting up a valid defence and requests, may prevent that your deprivation of liberty continues. It is our pleasure to assist you in these proceedings.
Once your remand in custody is ordered by the investigating magistrate, generally you will appear within 14 days before the ‘three-judge division in chamber’ of the court. These 3 judges may order an extension of your remand in custody for a period of 90 days. During this procedure, we will also assist you with our expertise. Should the court in chambers decide to extend your remand in custody, this decision is open to appeal. We will advice you on the options. Within these 90 days you will receive the summons to appear before the criminal court.
Please contact a criminal defence lawyer for a more detailed explanation of the pre-trial detention procedure. There is always one of us around.
If you are suspected of an indictable offence, the public prosecutor can propose an out-of-court-settlement, issue a penalty order or send you a summons to appear before a court. Most cases are tried by the single-judge section of the court. More serious cases are tried by the three-judge section of the court. As soon as you are contacted by the police or justice department, in all cases it is recommended to contact one of our criminal defence lawyers immediately. They are able to advice you on your options, without any strings attached. As the law establishes a number of terms and deadlines for your response, it is equally recommended to contact us as soon as possible.
A proper preparation is vital
Are you a suspect? If you must appear before the court, it is recommended to be properly prepared. You need information on the proceedings and what you are expected to do. Our team gives excellent advice. After a thorough preparation, you will feel much more confident at the hearing.
A thorough preparation also entails considering exculpatory evidence. One might consider further investigations and for example the possibility to summon witnesses. It is important to start the preparations in due time in order to take full advantage of your rights. There are deadlines to observe so energetic action is required.
It is our task, as criminal defence lawyers, to assist you. Regardless of the charges, we will defend the person. Bearing in mind the words of the great criminal defence lawyer Max Moszkowicz sr. LL.M., we do not defend the act but the human.
In our view, everyone is entitled to a proper defence. We consider it our task to assist the individual in his fight against the huge public administration. We are truly on your side, guilty or not, and all information you share with us is treated as confidential.
Range of criminal proceedings
The criminal defence lawyers of our firm do tackle all aspects of criminal proceedings, charges ranging from:
- Simple theft to armed robbery.
- Growing cannabis to international drug crime.
- Environmental offence to trading with insider knowledge.
- Forged tax statements to fraudulent bankruptcy.
- Common assault to grievous bodily harm.
- Threats to human trafficking.
- Culpable homicide to murder.
- Lewd acts to rape.
Furthermore, within the firm, we dispose of special expertise in the fields of traffic law and terrorism.
The firm’s team deals exclusively with criminal proceedings and, therefore, the expertise on criminal law and the latest developments, is continuously updated. In the weekly meetings, cases are discussed between the criminal defence lawyer in charge and the other staff members. In this way, we ensure that the client’s interests are not only looked after by one competent lawyer, but also consulted with an expert team of criminal defence lawyers.
Proceedings in court
We have a longstanding experience in all areas of criminal law.
In the event you have to appear in court as a witness, you have rights as well (the right to decline to give evidence). In such a case, we will be happy to assist you. However, we do not assist Crown witnesses, intimidated witnesses or police informants.
Proceedings before the European Court of Human Rights
On top of the proceedings mentioned above, it is our pleasure to assist you in matters concerning penitentiary matters, military criminal law, medical criminal law and pardon. In the event you have to appear in court as a witness, you have rights as well (the right to decline to give evidence). In such a case, we will be happy to assist you. However, we do not assist Crown witnesses, intimidated witnesses or police informants.
Information on fees
Our fee depends on the nature and magnitude of the case on the one hand, and your financial situation on the other. We are convinced that everyone is entitled to valid legal assistance, also when you are not able to pay for your lawyer yourself. In such an event, our firms offers the opportunity of assistance by a specialised criminal defence lawyer as an assigned lawyer, also called pro bono lawyer or inability lawyer. These are lawyers one can turn to with a certificate of limited means or a legal aid certificate.
It is our pleasure to inform you on hourly rates and possible (fixed) price agreements.