Arrested: start with an overview and legal assistance

If you have been arrested, ask for a lawyer before you are questioned about the substance of the suspicion. A suspect has the right to legal assistance before and during the interview. The right to remain silent concerns questions about the suspicion; it does not mean that every statutory obligation, for example relating to establishing your identity, no longer applies. A lawyer can discuss this distinction with you. ^[J01]

Also report practical problems that need immediate attention, such as essential medication, a disability or an insufficient command of Dutch. Ask for an explanation if you do not understand a decision or form. Do not sign without thinking because you believe you will then be allowed to leave sooner. The meaning of a document can differ: a statement, a waiver and a proof of receipt are not the same.

During the intake, we mainly need concrete information: your name, the authority holding you, any known case number and the next moment of contact. A family member can pass on these details. It is not necessary to describe the entire suspicion in a public contact form. We agree on how relevant documents will be shared in an appropriate way.

Your partner or family member is in custody: what can you do?

Try to calmly establish where your loved one is being held and whether a lawyer has already been called in. Keep the information the police provide and note who you have spoken to. Pass on important medical information through the designated contact person. Do not expect that, as a family member, you will automatically receive the complete case file or all investigation information. Restrictions and the interests of the suspect can limit the information provided. ^[J02]

A family member can help with verifiable information about work, childcare and a place of residence. Let the lawyer assess what is needed. Do not approach people involved on your own initiative to align statements. Even well-intentioned messages can complicate the investigation. Keep existing messages in their original form and discuss relevant information with the lawyer.

We make clear who our client is and what information can be shared with family. The wishes of the suspect and the confidentiality of legal assistance are decisive in this. For more practical explanation, see our article about a family member who has been arrested.

Preparing for a police interview without guessing

Preparation does not mean rehearsing a story. It is about understanding what you are suspected of, what questions you can expect and what you know for certain yourself. For the conversation with your lawyer, distinguish between what you observed yourself, what others have told you and what you suspect in hindsight. An uncertain time should not turn into a seemingly established fact through repetition.

Show your lawyer the invitation. Is it clear whether you are being interviewed as a suspect or as a witness? Those roles carry different rights and obligations. An invitation as a witness does not automatically give the same right to remain silent as an interview as a suspect. If your position changes during the interview, ask for clarity and discuss what this means with a lawyer.

A conversation on the way or outside an interview room can also be legally relevant. Whether there is an interview does not depend solely on the place or the label the police use. The lawyer helps you assess whether you make a statement, which questions you answer and which explanation or documents are sensible at that moment. The police also describe what an interview is and the role of a lawyer in it. ^{[J03] [J25]}

Duty lawyer or your own lawyer in Rotterdam

In the event of an arrest, legal assistance can be arranged through the duty lawyer scheme. You can indicate that you prefer a particular lawyer. That does not mean that every lawyer is available at every moment or that funding is the same in all situations. The scheme depends, among other things, on the offence you are suspected of and your position. ^[J04]

If you already have a lawyer, mention this at first contact. We discuss any takeover carefully, including availability, transfer of documents and funding. Do not leave an ongoing interview or a time limit unattended because you assume that another firm has already accepted your request. Clear arrangements about who actually acts for you are more important than several separate contact requests.

Also read our explanation of duty lawyer assistance and choosing your own lawyer. In the case of a current arrest, you can give our name as your preference and ask whether contact can be made. That does not yet amount to confirmed availability or confirmation of the assignment.

Pre-trial detention: checking the grounds and the progress

Being in custody is not the same as being convicted. There are different stages and decisions, such as detention for questioning, police custody and pre-trial detention. The applicable duration and conditions must be assessed for each stage. A simple count from the moment of arrest can give a misleading picture. That is why we ask about the actual orders, times and decisions.

In pre-trial detention, a lawyer can test the statutory conditions and the reasoning for its continuation. It can also be examined whether lifting or suspension is possible. A suspension may be subject to conditions. A fixed home address, a treatment appointment or a concrete work schedule may be relevant, but is not in itself a guarantee of release. ^[J05]

Not every hearing during pre-trial detention is the substantive hearing. Sometimes it concerns the state of the investigation or the continuation of pre-trial detention. We explain which decision can and cannot be taken at that hearing. This prevents you from wrongly expecting the whole case to end at a first pro forma hearing.

Comparing the case file with your own information

A criminal case is not only about what happened according to a police report. The supporting evidence, the context and the significance of individual items of evidence deserve attention. We discuss with you which information can help in the assessment and which investigative questions are still open. Think of a complete conversation instead of a single screenshot, the origin of a payment or an objective record of attendance.

Do not gather documents by opening other people’s accounts or putting people under pressure. Keep material you lawfully possess unchanged. Note where it comes from and why you think it is relevant. Also mention information that makes your explanation more difficult. A lawyer can only make a realistic assessment if he does not know only the favourable parts.

Sometimes the case file is not yet fully available. We then distinguish between what is established, what we understand from your account and what still needs to be requested. An initial assessment therefore remains provisional. The next step may be inspection of the case file, a targeted request for investigation or preparation of a procedural step; not every case requires the same approach.

Phone, car or money seized

Seizure can take place for the investigation, but also with a view to a possible later decision about goods or assets. Release therefore does not automatically mean that all your belongings will be returned. Keep the receipt and make a list of the items, the owner and the practical importance of their return. ^[J06]

We assess which reason was given for the seizure and which route is suitable: a request to the Public Prosecution Service or, where appropriate, a complaint (klaagschrift) to the competent court. With goods that can be sold, prompt advice is sensible. Merely filing a complaint does not guarantee that a sale will not go ahead. Do not give up ownership of property before you understand the consequences.

Punishment order or summons: a different next step

A punishment order from the Public Prosecution Service is not the same as a court judgment. An objection may be possible against a punishment order. The time limit is usually fourteen days after personal service or after you became aware of it; special rules can affect the calculation. Do not pay in advance just to get it over with if you want to challenge the order. ^[J07]

A summons requires preparation for the criminal hearing. Check the public prosecutor’s case number, the charge, the date and the location. Information about the court is available for Rotterdam, but the summons determines where you actually have to be. Your place of residence or the location of our office does not by itself determine which court will deal with your case. ^[C01]

On our page about a summons for the criminal court you can read which topics you can discuss with your lawyer in advance. Even with a seemingly limited suspicion, the consequences for work, income or future screening may need attention.

Costs, legal aid and clear arrangements

The introductory meeting with Arslan Advocaten is free of charge. That does not mean that case file review, assistance during interviews and proceedings are always free. We discuss which work is needed, what falls within any legal aid certificate (toevoeging) and which costs may be for your own account. With subsidised legal aid, your situation and the applicable scheme are decisive; pro bono does not in every case mean without personal costs. ^[J08]

No court fees are charged in criminal cases before the court, but lawyer’s fees and any other expenses may still arise. The same rules do not necessarily apply to duty lawyer assistance, juvenile suspects and regular legal aid certificates. So have the funding assessed specifically instead of relying only on a general text on the internet. Also see the explanation of the costs of a criminal lawyer.

Our criminal law team and office in Rotterdam

You can visit our office at Schiedamsedijk 60-A in Rotterdam. At the intake, we link the local appointment with handling by the appropriate team. Within Arslan Advocaten, those working in criminal law and juvenile criminal law include Melanie Schulpen. Her profile describes her background; the lawyer handling your case is agreed when the assignment is given. ^[K02]

State which language you understand best and which date is urgent for you. We discuss the options for communication within our team. A conversation with a multilingual staff member does not automatically replace an interpreter who may be needed in the criminal proceedings. Get in touch for an introductory meeting and keep the invitation, order or summons to hand.