The right to remain silent — you are not obliged to answer questions from the police (art. 29 Sv)
The right to free choice of lawyer — you may choose your own lawyer, also in the duty solicitor phase
The right to have someone informed of your arrest
The right to medical help if you are ill or need medication
The right to inspect the file (as soon as this is no longer harmful to the investigation)
These rights apply regardless of the offence of which you are suspected. The police are obliged to inform you of these rights.
What should you do?
The most important step is: exercise your right to remain silent until you have spoken to a lawyer. Many suspects make the mistake of immediately making a statement to the police, without first having received legal advice. What you say during the first interrogation cannot be taken back later and can be decisive for the outcome of the case.
Indicate to the police that you want to speak to a lawyer. If you have your own lawyer, mention their name. If you do not have your own lawyer, a duty solicitor will be called.
As a family member: immediately contact a criminal defence lawyer . Pass on the name of the arrested person, the police station and the offence of which he or she is suspected. The lawyer can then take action.
At Arslan Advocaten, you can reach us on 010 311 5500 (Rotterdam), 020 747 00 55 (Amsterdam) or 070 4500 300 (The Hague). We are also available via WhatsApp for emergencies.
Detention and the Maximum Duration of Police Custody
Once you have been arrested, you may be held in police custody for a limited period while the investigation continues. Under Dutch law, the maximum period for which the police can detain you without involving the prosecutor is six hours. After this time, you must either be released or formally detained by the public prosecutor.
If the prosecutor decides to detain you (inverzekeringstelling or ‘in remand custody’), this initial detention period can last up to three days. During this time, the prosecutor can request an extension of detention from the court if further investigation is necessary. However, the total detention without court approval cannot exceed three days.
It is crucial to have legal representation during this stage to ensure your rights are protected and that any requests for detention extension are properly challenged.
Police Interrogation: What to Expect and How to Prepare
After your arrest, the police will typically conduct an interrogation (verhoor). During this process, you have the right to have your lawyer present, which is vital to prevent self-incrimination and to ensure the interrogation is conducted fairly.
Before the interrogation begins, the police must inform you of your rights and the reason for your detention. It is important to listen carefully and not to answer questions without your lawyer present. You can exercise your right to remain silent at any point during the interrogation.
Your lawyer can advise you on how to respond to questions, challenge irregularities during questioning, and ensure that your statements are accurately recorded. Remember that anything you say can be used as evidence, so it is advisable to avoid making spontaneous remarks or admissions without legal advice.
How Legal Aid Works in Criminal Cases
If you cannot afford a lawyer, you may be eligible for legal aid (gesubsidieerde rechtsbijstand) in criminal cases. This state-funded assistance ensures that everyone has access to legal representation regardless of their financial situation.
To apply for legal aid, you will need to provide information about your income and assets. The Legal Aid Board (Raad voor Rechtsbijstand) assesses your eligibility and determines the amount of the personal contribution you must pay, which varies based on your income level. For the lowest incomes, this contribution is typically only €188.
Legal aid covers the costs of a criminal defence lawyer who will assist you throughout the investigation, interrogation, court hearings, and appeals. At Arslan Advocaten, we can guide you through this process and help you apply for legal aid if needed.
Frequently asked questions
Will a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (legal aid addition). You then only pay a personal contribution depending on your income — for the lowest incomes only €188.
Can I choose my own lawyer?
Yes, you always have the right to free choice of lawyer. You can specify your own lawyer to the police (preference notification) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish and English. We can assist you in your own language, which is crucial in criminal law.
