Received a summons or called to a criminal hearing? Arslan Advocaten helps clients from Den Bosch prepare their criminal case from our offices in Tilburg and Eindhoven. We discuss what you are suspected of, what the case file contains and what assistance is needed for the next step.
The date on the notice is important, but choices and time limits may also arise before the hearing. So get in touch in good time. This page focuses on reviewing the case file, preparing for the hearing and the consequences of a decision. For other criminal law questions, see our page on criminal law.
What does the summons say?
A summons describes, among other things, which offence you are accused of and when the case will be heard. Read every page and keep any attachments and information about how it was served. The exact wording is important for preparing your defence.
The description may be worded in legal terms and differ from how you would describe the events yourself. Discuss with your lawyer which parts you recognise and which you dispute. Do not try to predict the outcome solely on the basis of the name of the offence.
Also mention whether you have been interviewed before, have received a punishment order or have already spoken to a lawyer. This makes it possible to establish which procedural steps have already been taken and what information should be available.
Reading the case file and spotting missing information
The assessment starts with the case file. It may contain statements, official police reports, images or other investigation data. Your lawyer looks at which information supports the accusation and which questions or contradictions call for further investigation.
Your own explanation is important here. Indicate which facts you believe are missing and which documents or people can shed light on them. Distinguish between what you know for certain and what you suspect. Careful preparation is stronger than a general claim that the case file is wrong.
Sometimes it is necessary to discuss requests for further investigation. The options depend partly on the stage and the procedure. So do not wait until the day of the hearing to mention relevant information. Your lawyer must be able to assess which step is needed and how it should be substantiated.
Keep potentially relevant material in its original form. Do not alter messages or files and do not try to align statements with other people involved. Discuss with your lawyer how material can be used with due care.
What do you want to make clear at the hearing?
Preparation concerns both the accusation and the way you take part in the hearing. What questions can you expect? Which topics do you want to discuss with your lawyer? Do you understand the possible decisions and the uncertainties?
A lawyer can explain how the hearing usually proceeds and what role the various participants in the proceedings have. The exact course of events depends on the type of hearing. A short hearing is not automatically simple, and an extensive case often requires more preparation.
Your statement must remain your own statement. Legal guidance helps you understand what is being asked and what rights you have. Discuss in advance how you will deal with questions you do not understand or with events you no longer remember precisely.
Personal circumstances and consequences
In addition to the assessment of the offence, personal circumstances may be relevant. Think of work, education, health, caring responsibilities and steps you have taken. Which documents are useful depends on the case and the purpose for which they are put forward.
A reference to your job is stronger when it is clear what the position involves and what specific consequences a decision may have. In the case of a course of study, relevant information may concern work placement requirements or attendance. First discuss which documents are needed, so that sensitive information is not shared unnecessarily.
Personal circumstances are no substitute for a defence against an offence you dispute. The two subjects must be kept carefully apart. Your lawyer can discuss how each is given a place in the preparation and the hearing.
A claim for damages in the criminal case
A claim by an injured party may also play a role in a criminal case. That calls for a separate assessment. What damage is claimed, how is it substantiated and what link is made with the offence you are accused of?
Send the claim you have received, with its attachments, to your lawyer. Indicate which items you dispute and why. Even if you deny the criminal accusation, the preparation must take the claim that has been submitted into account.
A response may concern liability, the amount, evidence or the handling of the claim within the criminal proceedings. Which defences make sense depends on the case file. Do not rely only on a total amount without looking at the individual items.
Discussing attendance and representation
Whether you must or want to appear in person should be discussed with your lawyer on the basis of the notice and the procedure. Authorising a lawyer may play a role in certain situations, but it is not a general reason to ignore a notice to appear.
Let us know in good time if illness, work or another circumstance makes attendance difficult. A request for a postponement is not the same as a postponement that has been granted. Continue to work on the basis of the scheduled date until it is clear that the hearing has been changed.
For clients from Den Bosch, we coordinate the preparation through our Tilburg or Eindhoven office. The location of the office does not automatically determine which court hears your case; the notice to appear and the rules on jurisdiction are decisive.
After the judgment or other decision
After a decision, discuss what it means and whether a legal remedy is possible. Short time limits may apply. The exact time limit and when it starts depend on the decision and the circumstances of the proceedings. Have this established straight away.
A wish to lodge an appeal must be discussed clearly. Do not assume that an informal question automatically leads to a formal procedural step. Agree who will take the step and ask for confirmation.
Enforcement can also raise questions. Keep follow-up letters and discuss the obligations and dates they contain. If the decision has consequences for a VOG (Certificate of Conduct) or work, an additional assessment may be needed. See also our information on a refused VOG.
Clear arrangements about the assignment and costs
At the first contact, we discuss what help is needed and whether the case can be taken on. Reviewing the summons, studying the case file and handling a hearing may involve different work. Record what falls within the assignment.
Depending on your situation, subsidised legal aid may be relevant. The conditions must be checked; do not assume that assistance is generally free of charge. For paid assistance, rates and any additional costs are discussed in advance.
Frequently asked questions about criminal law in Den Bosch
Can I come to Arslan if the hearing is elsewhere?
You can submit the case to us. We look at what handling and attendance are needed and whether they can be arranged. Pass on the court, the hearing date and the type of case straight away.
What do I send for an initial assessment?
The complete summons or notice to appear is the starting point. Mention earlier procedural steps and whether a lawyer is already involved. Case file documents and additional information can then be requested in a targeted way.
Do I have to appear at the hearing myself?
That must be assessed on the basis of your notice to appear and the procedure. Discuss attendance and any authorisation with your lawyer in advance. Do not ignore a notice to appear on the basis of a general rule.
Can I still name witnesses or documents?
Discuss relevant information as early as possible. Your lawyer assesses what options there are and how a request should be substantiated. The stage of the proceedings and the time available can make a difference.
Can I predict the sentence in advance?
A reliable outcome does not follow from the name of the offence alone. The case file, the circumstances and the course of the proceedings are relevant. Your lawyer can discuss possible outcomes and uncertainties, but cannot guarantee a decision.
What if I disagree with the judgment?
Contact us straight away to have the options and the time limit for a legal remedy assessed. Agree clearly whether a formal step will be taken. Waiting for a full written judgment is not always safe.
Prepare your criminal case in good time
Contact Arslan Advocaten and mention Den Bosch, the court and the hearing date. A short description of the notice is enough to organise the initial assessment; discuss the substance of your defence directly with the lawyer.