police questioning (Salduz right)
The right to remain silent — you are not obliged to answer police questions (Art. 29 Code of Criminal Procedure (Sv))
The right to choose your own lawyer — you may choose your own lawyer, even during the initial standby phase (piketfase)
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 (once this is no longer detrimental to the investigation)
These rights apply regardless of the offence you are suspected of. The police are obliged to inform you of these rights.
What should you do?
The most important step is: exercise your right to remain silent until you have spoken to a lawyer. Many suspects make the mistake of immediately giving a statement to the police, without first having received legal advice. What you say during the first interrogation cannot be retracted later and can be decisive for the outcome of the case.
Inform the police that you wish to speak to a lawyer. If you have your own lawyer, state their name. If you do not have your own lawyer, a standby lawyer (piketadvocaat) will be called.
As a family member: immediately contact a criminal defence lawyer. Provide the name of the arrested person, the police station, and the alleged offence. 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 urgent cases.
How to Designate a Preferred Lawyer (Voorkeursmelding)
In the Netherlands, if you are detained by the police, you have the right to designate a preferred lawyer, known as a voorkeursmelding. This means you can state the name of the lawyer you want to represent you during police questioning and any further criminal proceedings. It is important to understand how to make this designation effectively to ensure your rights are protected from the outset.
When you are arrested or detained, the police will inform you of your rights, including the right to legal assistance. You can immediately tell the police the name of your preferred lawyer. The police are then obliged to contact that lawyer without delay, even if it is outside regular office hours.
If you do not have a lawyer or cannot reach your preferred lawyer, the police will arrange for a standby lawyer (piketadvocaat) to assist you. However, if you have a lawyer you trust, it is always recommended to designate them to ensure continuity and familiarity with your case.
It is important to note that the designation of a preferred lawyer can be made at any point during the detention. You are never obliged to accept the standby lawyer and can always request to speak to your own lawyer instead.
The Role of the Lawyer During Detention and Police Questioning
The presence of a lawyer during police questioning is a critical safeguard to protect your rights and ensure fair treatment. Your lawyer will:
- Advise you on whether to answer questions or remain silent.
- Ensure that the police adhere to legal procedures and do not use coercion or intimidation.
- Help clarify the charges against you and explain the potential consequences.
- Request necessary medical assistance if you are unwell.
- Monitor the conduct of the police to prevent abuses or violations of your rights.
Having a lawyer present can significantly influence the outcome of the investigation. They will help you avoid making statements that could be harmful to your defence and guide you through the complex criminal justice process.
Changing Your Lawyer During Detention
You have the right to change your lawyer at any time, even after having designated a preferred lawyer or being assigned a standby lawyer. This right ensures that you can always have legal representation you trust.
If you wish to change your lawyer, inform the police immediately and provide the name and contact details of your new lawyer. The police will then notify the new lawyer and arrange for them to take over your defence.
It is advisable to make this change as early as possible to ensure your new lawyer can participate fully in your case from the start. Keep in mind that lawyers need time to review the case file and prepare your defence effectively.
Legal Aid and Costs of a Criminal Defence Lawyer
Many suspects worry about the costs of hiring a criminal defence lawyer. In the Netherlands, most suspects qualify for subsidised legal aid (toevoeging), which means the government covers the majority of the lawyer’s fees.
If you qualify for legal aid, you will only pay a personal contribution based on your income. For the lowest incomes, this can be as low as €188. This system ensures that everyone has access to legal representation regardless of their financial situation.
To apply for legal aid, your lawyer will help you complete the necessary paperwork. It is important to discuss this with your lawyer at the earliest opportunity to avoid unexpected costs.
Even if you do not qualify for legal aid, it is still advisable to have a lawyer present during police questioning. A good lawyer can often negotiate with the authorities and work towards mitigating charges or penalties.
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 choose your own lawyer. You can designate 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.
