police interrogation (Salduz right)
The right to remain silent — you are not obliged to answer questions from the police (art. 29 Sv)
The right to a free choice of lawyer — you may choose your own lawyer, even in the duty solicitor phase
The right to have someone informed of your arrest
The right to medical assistance if you are ill or need medication
The right to inspect the case file (at the point when 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: make use of your right to remain silent until you have spoken to a lawyer. Many suspects make the mistake of making a statement to the police immediately, without having received legal advice first. What you say during the first interrogation cannot be retracted later and can determine the outcome of the case.
Indicate to the police that you want to speak to a lawyer. If you have your own lawyer, state their name. If you do not have your own lawyer, a duty solicitor will be called.
As a family member: contact a criminal defence lawyer immediately. Provide the name of the arrested person, the police station, and the offence of which they are 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.
How to Change Your Criminal Defence Lawyer
If you are dissatisfied with your current criminal defence lawyer, whether a duty solicitor or one you have hired yourself, you have the right to change your lawyer at any time. It is important to understand the correct procedure to ensure the change does not negatively affect your case.
First, communicate your dissatisfaction clearly to your current lawyer if possible. Sometimes issues can be resolved through open communication. However, if you feel your lawyer is not adequately representing your interests or you do not have confidence in their approach, you can request to terminate their services.
To initiate the change, you should:
- Find a new lawyer who you trust and who specialises in criminal defence relevant to your case.
- Inform your current lawyer in writing or verbally that you are terminating their legal representation.
- Ensure your new lawyer formally registers their involvement with the court and police. This is essential so they can access your case files and represent you effectively.
Keep in mind, if you are in custody, the court or police must be informed of the lawyer change immediately. If you are detained, your new lawyer can visit you and advise you during interrogations or court hearings.
Costs and Legal Aid When Changing Lawyers
Many clients worry that changing lawyers will significantly increase their costs, but in the Dutch legal system, subsidised legal aid (toevoeging) can often cover much of these expenses for suspects who meet the income criteria.
If you are eligible for legal aid, switching lawyers will not necessarily result in extra charges beyond your personal contribution. Your new lawyer can help you apply again for legal aid or continue the existing arrangement.
If you initially had a duty solicitor assigned, changing to a privately chosen lawyer may come with different cost implications, but legal aid often still applies. It is advisable to discuss fees upfront with your new lawyer so you are fully informed.
The Role of Your New Lawyer After You Change
Once you have successfully changed your lawyer, your new criminal defence lawyer will take over all communications with the police, prosecutors, and courts. They will review the case file, assess the evidence, and build a defence strategy tailored to your situation.
Your new lawyer will also ensure that your rights are respected throughout the process, including during interrogations, court appearances, and any negotiations with the prosecution.
It is important to cooperate fully with your new lawyer, provide all relevant information, and be honest about the circumstances of your case. This transparency helps your lawyer provide the best possible defence.
Frequently asked questions
Will a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (toevoeging). 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 a free choice of lawyer. You can provide your own lawyer to the police (voorkeursmelding) 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.
