Receiving a criminal summons

The summons states which offence you are being prosecuted for and when and where the hearing takes place. The wording of the charge may differ from the words used earlier in a conversation with the police. So read the entire document. Note anything unclear and have the lawyer assess exactly what the prosecution covers. A summons is not yet a conviction. ^[J15]

Keep attachments, envelopes and earlier notices. Also mention whether you previously received a punishment order, made a statement or had another lawyer. This history can affect the next steps. A photo of the hearing date alone is often not enough to assess your position.

Write down for your lawyer what you want to achieve. You may deny involvement, dispute a legal interpretation or mainly have questions about the consequences. Sometimes several topics are at issue. A clear request for help makes it possible to use case file review and preparation in a targeted way, instead of only responding on the day of the hearing.

First understand what the case file does and does not show

A case file may contain official police reports, statements, messages, images and other investigation results. The presence of a document does not mean that every conclusion in it is established. The assessment also concerns the origin, the context and what a document actually says about the accusation. We compare the case file information with your own information.

In doing so, we distinguish between missing documents and documents that you simply have not yet seen. Not every case file is fully accessible at every stage. The lawyer discusses what inspection is possible and whether a targeted request is needed. A conversation about an incomplete case file calls for a provisional assessment, not a firm prediction of the outcome. ^[J02]

Present relevant counter-information in a structured way. For example, state which part of a statement you believe is incorrect, which date deserves checking and which existing document helps with that. A chronological overview is often more useful than dozens of separate screenshots without explanation. Keep the originals and also mention when you are not sure about something.

Evidential defence, legal assessment and personal circumstances

Not every argument serves the same purpose. A defence about the identification of a person concerns something different from the question of whether the conduct described is a criminal offence. A request to take work or health into account is yet another separate topic. We discuss how these elements relate to each other and what information is needed for each of them.

Circumstances that seem less favourable must also be put on the table. Do not conceal an earlier statement from your lawyer because it differs from your current recollection. A difference may have an explanation, but must be examined carefully. It is better to discuss a problem during preparation than to be surprised by it at the hearing.

The approach may consist of explaining your position, raising a missing investigation or carefully discussing a possible way of disposing of the case. Not every disagreement justifies the same investigation. We discuss which questions can really make a difference and how they can be raised within the proceedings.

Witnesses and further investigation: do not take matters into your own hands

If someone has seen something that you think is important, note who that is and why. Let the lawyer assess whether and how a request for investigation should be made. Do not formulate statements for others and do not try to agree in advance on what everyone is going to say. An independent and reliable account is more important than a mutually agreed version.

A wish to have a witness heard must fit the case and the stage of the proceedings. The same applies to an expert investigation or a closer look at video footage. So seek advice in good time. If you only raise an important point shortly before the hearing, there is less room for preparation and a well-founded request.

If you want to have a report drawn up yourself, first discuss the purpose, the research question and the costs. An expert you engage yourself is not necessarily paid for by the government. Rechtspraak (the Dutch judiciary) distinguishes between an investigation that the court has carried out and a report that you have drawn up yourself. ^[J08]

What happens at a criminal hearing?

At a substantive hearing, the accusation and the relevant documents are discussed. You and your lawyer can put forward your position. Your personal circumstances and any claim by an injured party may also be discussed. The exact course depends on the case and the type of hearing. A pro forma hearing or case management hearing has a different function from a full substantive hearing. ^[J15]

Together with you, we prepare which questions you want to answer yourself, which topics the lawyer will address and which documents are still missing. That is not an exercise in giving rehearsed answers. The aim is that you understand what is happening and do not end up guessing under pressure about facts you do not know.

Do not assume that you can automatically stay away from the hearing because a lawyer is present. In certain situations there is an obligation to appear, or your appearance can be ordered. In other cases, a defence by an expressly authorised lawyer may be relevant. Have your situation assessed, especially if you think you will not be able to appear because of work, health or being elsewhere. A request for postponement is only a granted postponement once a decision has been made on it.

Keeping pre-trial detention and the hearing apart

If you are in custody, questions about the deprivation of liberty run alongside the substance of the criminal case. At an interim hearing, a court may decide on the continuation of pre-trial detention while the investigation is not yet complete. That does not mean that a final judgment on guilt has already been given. ^[J05]

We discuss the conditions for the deprivation of liberty and the options for requesting that it be lifted or suspended. A concrete plan can help more than a general promise. Think of information about housing, care or treatment, insofar as it is relevant. The court weighs the matter; the availability of a job does not guarantee release.

With each decision, ask what exactly it involves and up to what moment a new assessment is needed. The different stages must not be summarised as one maximum period after which a person must always be released. Even after a pro forma hearing, pre-trial detention may continue under the statutory conditions.

A claim by an injured party

A criminal case may also include a claim for compensation. That requires separate attention. The amount, the substantiation and the connection with the alleged offence must be examined. Disputing the accusation and assessing the claim for damages may both be necessary side by side. ^[J15]

Show your lawyer all the documents you have received about damages, even if you think they are incorrect. Keep any proof of payment or correspondence about an earlier settlement. Do not contact an injured party directly to exert pressure or to have statements withdrawn. Discuss a possible practical solution through the lawyer and with respect for any contact restrictions.

After the judgment: discuss the next step straight away

After a judgment, the question may arise whether an appeal is possible and sensible. A time limit of fourteen days often applies, but the starting point and whether an appeal is available depend on the situation. Have this assessed immediately. Waiting for a detailed written statement of reasons must not unintentionally lead to missing a legal remedy. ^[J16]

An appeal in a criminal case is lodged with the court that gave the judgment, not simply by sending a letter to the court of appeal. Rules on authorisation apply to lodging by someone else. Agree explicitly who will lodge the appeal and ask for confirmation of the act performed.

The choice is not only about disappointment with the outcome. We discuss which parts you want to have reviewed, what may change in the case file or the reasoning, and which risks and costs are involved. The procedural position of the Public Prosecution Service also matters. A second hearing does not guarantee a more favourable result.

Punishment order or police interview: assistance at an earlier stage too

You do not have to wait for a summons. With a punishment order, a short time limit for objection may be running. Do not pay without advice if you want to challenge the order. With an invitation to a police interview, we discuss your position as a suspect or witness and what assistance is needed. ^{[J07] [J01]}

On our information page about the summons for the criminal court you will find additional preparation. For a different stage, we refer you specifically to the explanation of the Public Prosecution Service hearing or punishment orders and objection. That information does not replace the assessment of your own documents.

Appointment at our office in The Hague

Arslan Advocaten has offices in The Hague at Paletplein 80 and Goeverneurlaan 445. When making an appointment, we confirm where your meeting will take place. The general number for The Hague is 070 450 0300. A meeting at our office is not the same as appearing at the court; for a criminal hearing, follow the location stated on your notice to appear. ^{[K01] [C03]}

Our team works together across all our offices. Those working in criminal law and juvenile criminal law include Melanie Schulpen. When the assignment is given, we agree who will handle your case. Also state which language you understand best, so that communication and the possible use of an interpreter can be discussed in good time. ^[K02]

An introductory meeting is free of charge. Follow-up work is discussed in advance, including any subsidised legal aid, personal contributions and additional costs. With your first request, mainly send the type of document and the urgent date; we will tell you how the complete documents can be provided.