Received a punishment order (strafbeschikking) in Almere? First have it assessed what the decision means and which time limit applies to your response. Arslan Advocaten helps clients from Almere with criminal law questions from our offices in Amsterdam and Utrecht. We look at the order, your objections and the possible consequences for your situation.
A punishment order is not an ordinary bill that only asks for payment. With it, the Public Prosecution Service can impose a penalty without a court first giving a ruling. Accepting it or lodging an objection (verzet) therefore calls for a conscious decision. This page helps you prepare for the first meeting; more about the area of law can be found under criminal law.
First check which document you have received
Letters from the CJIB, the Public Prosecution Service and the court serve different purposes. A punishment order, a traffic fine, a notice to attend a hearing and a summons do not follow the same procedure. Look at the title of the document, the sender and the offence stated.
Keep all pages and enclosures. Write down when and how you became aware of the order. That can be important for the time limit. A photo of only the amount to be paid usually gives too little information for a proper assessment.
Have you already called, paid or sent a response? Mention that during the intake. Those acts may also be relevant to the next step. Have the entire course of events assessed rather than only the most recent letter.
When must you lodge an objection?
The main rule is that an objection must be lodged within fourteen days after you became aware of the punishment order. For a limited category of low fines for minor offences, a special final time limit also applies. The exact calculation requires an assessment of the order and of the way in which it came to your attention.
So do not treat the payment date as a safe final date for responding. Nor can a general explanation on the internet establish when the time limit started in your case. If in doubt, contact us straight away and state the relevant dates.
A question to a lawyer or a phone call to an authority does not automatically mean that a formal objection has been lodged. Agree clearly who takes which step and ask for confirmation. More information can be found on our page punishment order received.
Pay or ask for legal advice first?
If you disagree with a punishment order, it is wise to have it assessed first and not to pay in advance. Payment can affect your options for challenging the decision. Moreover, an amount that seems manageable may affect interests other than just your wallet.
Think of the recording of the offence and possible consequences in a later assessment for work or a VOG. That does not mean that every punishment order automatically leads to the same consequences. It is, however, important to take those questions into account before you make a choice.
Your lawyer discusses exactly what you dispute. Is it about the facts, your involvement, the legal classification or the penalty imposed? A focused assessment helps to base the choice between acceptance and objection on the substance.
Substantiating your objections
Write down briefly why you disagree with the order. Distinguish between your own observations, documents and information you have heard from others. Add relevant documents without altering them.
Sometimes case file information is still missing. The lawyer can discuss which documents are needed and what options there are for obtaining them. Not every question can be answered on the basis of the order alone.
An objection to the level of the penalty may require different information from a denial of the offence. Your personal circumstances may be relevant, but they do not replace a substantive assessment of the evidence. Discuss both subjects separately.
A notice to attend a Public Prosecution Service hearing
The Public Prosecution Service may invite you for a meeting before a decision is taken. Such a hearing also deserves preparation. Read what you will be heard about, which documents are requested and when you must appear.
A lawyer can explain what role the meeting has and which questions you should discuss in advance. Bring relevant documents and indicate what consequences a decision may have for work, education or other obligations.
There are schemes for legal advice relating to certain Public Prosecution Service punishment orders and hearings. Have it checked which scheme applies to your situation. The possibility of a free advice meeting does not automatically mean that all further handling takes place free of charge.
What happens after an objection has been lodged?
An objection may lead to a reassessment by the Public Prosecution Service and possibly a hearing by the court. The outcome is not certain. A decision cannot be assessed solely on the basis of the original fine; the further process and the possible consequences must also be discussed.
Keep the confirmation of the objection and all subsequent letters. If you receive a summons, pass on the hearing date immediately. Agree with your lawyer whether the assignment also covers preparing for and handling the hearing.
During the preparation, the case file documents and relevant defences are discussed. It must also be clear whether you are expected to attend and whether authorising the lawyer is possible and appropriate in your situation. Do not assume, without consultation, that you no longer need to respond to anything yourself.
Punishment order and a VOG
A criminal law decision may be relevant to a VOG (Certificate of Conduct) application. Whether a VOG is granted depends on the assessment by Justis, the screening profile requested and the circumstances. A general yes or no based only on the name of the offence is therefore not responsible.
Do you need a VOG soon for a job or a course of study? Bring the specific job requirements or application information. This allows your lawyer to discuss the connection between the criminal case and your practical interests.
A notice of intent or refusal received from Justis has its own route for responding. Have that letter assessed separately. You can find more information under VOG refused.
Preparing for your first meeting
Gather the order or notice, the envelope if it is relevant, any proof of payment and your earlier responses. Write down the date on which you first knew of its content. Add a short description of what you dispute and which consequences you fear.
For clients from Almere, we discuss handling the case through Amsterdam or Utrecht. The right appointment depends on the case and the assistance available. State a short time limit straight away.
The work and costs are discussed in advance. This may concern an initial assessment, lodging an objection or further defence. The assignment must make clear which steps will be carried out and which will still be agreed separately.
Frequently asked questions about criminal law in Almere
Is a punishment order the same as a traffic fine?
No. Check which document you have received. Different procedures apply to different kinds of fines and decisions. The sender alone is not enough to determine the right response.
Do I always have fourteen days from the date at the top of the letter?
Not necessarily. When you became aware of the order and any special rules are relevant. Have the time limit calculated on the basis of the order and the facts surrounding receipt or becoming aware of it.
Can I pay now and object later?
That may affect your options. If you disagree with the punishment order, have it assessed before you pay. If you have already made a payment, raise this straight away.
Is lodging an objection always wise?
That depends on the content, the evidence, the penalty imposed and your personal interests. A lawyer can discuss the options and uncertainties. An objection offers no guarantee of withdrawal or a more favourable outcome.
Can Arslan also help me with a summons?
You can submit the summons for an assessment and a discussion of the assistance. State the hearing date and whether a lawyer is already involved. The further assignment is agreed separately.
Should I put my whole story in the contact form straight away?
No. State the type of document, the most important date and how you can be reached. The substantive discussion and the submission of case file documents follow in an appropriate way.
Have your order assessed
Contact Arslan Advocaten and mention Almere and the date on which you became aware of the punishment order. In your first description, add whether you have already paid, responded or received a notice to attend a hearing.