criminal record, which can affect applications for a Certificate of Good Conduct (Verklaring Omtrent Gedrag, VOG), a confiscation order aimed at seizing illegally obtained advantages, compensation measures to victims, or administrative sanctions such as closure of premises, revocation of permits, or extended confiscation of your driving licence.
Because of these multifaceted consequences, it is essential that your legal counsel considers the full scope of your case, not just the sentence. At Arslan Advocaten, we approach every criminal case integrally, combining expertise in criminal law, administrative law, and civil law to ensure the best possible outcome for you.
Defence possibilities
Exploring every avenue for a fair defence
Every criminal case offers possibilities for defence. Your lawyer will conduct a thorough investigation and consider various factors, including but not limited to:
- Was the evidence obtained lawfully? Evidence that has been obtained unlawfully may be excluded from the case, which can significantly weaken the prosecution’s position.
- Is there sufficient evidence for the alleged offence? The burden of proof lies with the Public Prosecution Service (Openbaar Ministerie). If the evidence is insufficient or unreliable, the case may be dismissed or the charges reduced.
- Are there grounds for justification? This includes scenarios such as self-defence, force majeure (an unavoidable event), or acting on legitimate orders, which can negate criminal liability.
- Are there grounds for exclusion of guilt? Psychological factors such as force majeure of a psychological nature, insanity, or absence of intent can impact whether you are held responsible.
- Is the prosecution legally valid? This involves checking whether procedural rights have been respected, including adherence to time limits, ensuring the right to a fair trial, and verifying if the charges were properly filed.
A good criminal defence lawyer leaves no stone unturned. At Arslan Advocaten, we are known for our fighting spirit — we continue where others stop, ensuring that your rights are fully protected throughout the process.
What happens after your driving licence is confiscated?
When your driving licence is confiscated after your arrest, it is important to understand what happens next. The confiscation is usually a temporary measure, pending the outcome of criminal proceedings or administrative decisions. However, the length of time your licence is held can vary significantly depending on the nature of the offence and your personal history.
Immediately following confiscation, you will receive a receipt confirming that your licence has been seized. This document is crucial as it serves as proof that your licence is in the hands of the authorities, preventing further penalties for driving without a licence during this period.
While your licence is confiscated, you are prohibited from driving until you have it returned or reinstated by the court or administrative authority. Driving without a valid licence during this time can lead to further criminal charges, including fines or imprisonment.
It is important to communicate closely with your lawyer to understand the expected timeline and any requirements you need to fulfil to regain your licence as soon as possible.
Administrative suspension vs. judicial suspension
In Dutch law, there is a distinction between administrative suspension and judicial suspension of your driving licence. Understanding this difference is important in managing your expectations and planning your defence strategy.
- Administrative suspension is imposed immediately by the police if you are suspected of serious traffic offences such as driving under the influence of alcohol or drugs, or dangerous driving. This suspension is often temporary and can last up to several months. You may have the right to appeal against this administrative measure.
- Judicial suspension is ordered by a judge as part of a criminal sentence following a conviction. The duration of this suspension depends on the offence and the judge’s assessment. It can range from a few months to several years, and may be combined with other penalties, such as fines or imprisonment.
In some cases, both types of suspension apply consecutively, which can further prolong the time you are without a driving licence. Your lawyer will help you navigate these procedures and pursue all available legal options to shorten or challenge the suspension.
How to apply for the return of your driving licence
Once the legal process is completed or the suspension period has ended, you will want to know how to get your driving licence back. This involves several steps:
- Check if you meet the legal requirements: After the suspension period or confiscation order ends, you must ensure that you meet all legal conditions to regain your licence. This may include attending a driving test, medical examination, or rehabilitation program if required.
- Submit an application to the RDW: The Dutch Vehicle Authority (Rijksdienst voor het Wegverkeer, RDW) is responsible for issuing and reinstating driving licences. You or your lawyer will need to apply to the RDW for the return of your licence.
- Wait for confirmation: The RDW will review your application and inform you when your licence can be collected. In some cases, the RDW may impose additional conditions or require further documentation.
- Collect your licence: Once approved, you can collect your driving licence at a designated RDW office or receive it by mail, depending on the procedure.
It is important to act promptly and follow all instructions carefully to avoid unnecessary delays. Our lawyers at Arslan Advocaten can assist you in preparing your application and communicating with the RDW to facilitate a smooth return of your driving licence.
Frequently asked questions
Does 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 freely choose a lawyer. You can state 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.