criminal record (which affects your Certificate of Good Conduct (VOG) application), potentially impacting employment or travel opportunities,
It is therefore essential that your lawyer does not only look at the sentence, but at the big picture. At Arslan Advocaten we approach every criminal case integrally: criminal law, administrative law and civil law come together to ensure that your rights and interests are fully protected.
Defence options
Every criminal case offers opportunities for defence. Your lawyer will investigate, among other things:
Was the evidence obtained lawfully? Unlawfully obtained evidence can be excluded from the case, which may significantly weaken the prosecution’s position.
Is there sufficient evidence for the alleged offence? The burden of proof lies with the Public Prosecution Service, which means they must prove beyond a reasonable doubt that you committed the offence.
Are there grounds for justification? Think of self-defence, force majeure or acting on orders from a superior, which can sometimes serve as lawful excuses for certain actions.
Are there grounds for excluding guilt? Think of psychological force majeure, insanity or absence of intent, meaning you did not have the necessary mental element (mens rea) for the offence.
Is the prosecution legally valid? Have deadlines been respected? Has the right to a fair trial been guaranteed, including proper notification of charges and the opportunity to present a defence?
A good criminal defence lawyer leaves no stone unturned. At Arslan Advocaten we are known for our fighting spirit — we continue where others stop to ensure the best possible outcome for you.
Understanding Dutch Drug Laws: Cannabis Cultivation and Trafficking
In the Netherlands, drug laws are complex and often misunderstood. While the Netherlands is famous for its tolerant approach to cannabis, this tolerance does not extend to large-scale cultivation or trafficking activities. Cultivating cannabis plants beyond a small personal amount or engaging in trafficking is illegal and prosecuted severely.
The Opium Act (Opiumwet) regulates controlled substances, including cannabis. The law differentiates between possession for personal use, which is often tolerated under strict conditions, and cultivation or trafficking, which remains a criminal offence.
Penalties for cultivation can vary depending on the number of plants, the intention to distribute, and other factors such as the involvement of organised crime or minors. Trafficking offences may include transporting, selling, or producing drugs on a commercial scale. Being involved in these activities can lead to severe prison sentences, sometimes lasting multiple years.
It is important to understand that even small-scale cultivation can lead to criminal charges if there is evidence suggesting intent to supply others. Therefore, anyone suspected of involvement in such activities should seek legal assistance immediately.
How Arslan Advocaten Can Help You in Drug Offence Cases
At Arslan Advocaten, we understand the stress and uncertainty you face when accused of drug offences such as cannabis cultivation, possession, or trafficking. Our experienced criminal defence lawyers are specialised in Dutch drug laws and have a proven track record of defending clients effectively.
We provide personalised legal advice tailored to your unique situation. From the moment we take your case, we conduct a thorough investigation, scrutinising all evidence, interviewing witnesses, and consulting experts if needed. We also ensure that your procedural rights are respected throughout the criminal process.
Our approach is comprehensive: we consider the criminal charges alongside possible administrative consequences, such as permit revocations or asset seizures. We also assist you with mitigating the impact of a criminal record, advising on possible appeals, and guiding you through options for plea bargains or alternative sanctions.
Having offices in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven and Tilburg means we are accessible and familiar with local courts and prosecutors. We fight to protect your rights and seek the most favourable outcome possible, whether that be acquittal, reduction of charges, or minimal sentencing.
Protecting Your Rights During Police Investigations
Being suspected or arrested for drug offences triggers a strict legal process, starting with police investigations. It is crucial to know your rights when interacting with law enforcement authorities to avoid self-incrimination or procedural errors that could harm your case.
- Right to remain silent: You have the right not to answer questions or make statements without your lawyer present.
- Right to legal counsel: You may request a lawyer immediately upon detention and during interrogations.
- Right to be informed: Police must inform you of the reason for your detention and the charges against you.
- Protection against unlawful searches: Searches of your home or property require a valid warrant or your consent, except in exceptional circumstances.
- Right to a fair procedure: All evidence collection and procedural steps must comply with Dutch law to ensure your case is admissible in court.
Our lawyers at Arslan Advocaten provide immediate support during police investigations. We advise you on how to respond, attend interrogations with you, and challenge any unlawful procedures. Early intervention often makes a critical difference in the outcome of your case.
Frequently asked questions
Will a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (legal aid addition). 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 a free choice of lawyer. You can indicate your own lawyer to the police (preference notification) 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.
