When drugs are found, a criminal investigation and an administrative closure procedure may arise at the same time. The mayor may, under certain conditions, take action against the premises, while the Public Prosecution Service investigates the individual’s criminal role. Have drugs been found in your home, or is an administrative closure threatened? Keep all the documents in full and note the next deadline. Below you can read which legal questions, documents and next steps require attention. The assessment of your own situation depends on the specific facts and the applicable legal framework.
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What do a drugs find and a possible closure of your home mean in legal terms?
When drugs are found, a criminal investigation and an administrative closure procedure may arise at the same time. The mayor may, under certain conditions, take action against the premises, while the Public Prosecution Service investigates the individual’s criminal role.
The legal starting point is the Opium Act (Opiumwet), including Article 13b, and the General Administrative Law Act (Awb). The precise wording of the charge is important, because a single everyday description can cover several different statutory variants. Your lawyer therefore compares the text of the suspicion with the case file and checks whether every element can be supported by lawful and convincing evidence.
The two procedures have different purposes and deadlines. A statement made in one case may be used in the other and must therefore be coordinated.
What must be proved in the criminal case?
In the criminal case, the specific Opium Act accusation must be examined. The type and quantity of substances, the place where they were found and the alleged acts and involvement may be important. The precise elements depend on the charge.
A find in a home does not in itself make clear which occupant had what knowledge or control over the substances. Examine access to the rooms, their actual use and the other evidence. Keep complete records, even if part of them seems unfavourable at first sight.
The administrative necessity and proportionality of a closure are assessed within a different legal framework. The Public Prosecution Service does not have to prove those questions as elements of an Opium Act offence. Therefore discuss the municipality’s file as well as the criminal case.
What rights do you have during a police interview?
As a suspect, you have the right to remain silent and the right to consult a lawyer. If you are invited for an interview without being arrested, ask beforehand in what capacity you will be questioned and which offence the suspicion concerns. The police do not always provide the full case file straight away.
Remaining silent is not an automatic strategy for every case. Sometimes an early, verifiable explanation can prevent an inaccurate picture from taking hold. In other cases, an unprepared statement actually creates risks. Make that choice after discussing the known facts, possible lines of investigation and the documents that may support your explanation.
Read the official record of the interview carefully. Ask for a correction if your words have been recorded inaccurately or too categorically. Do not sign in a hurry. If you have difficulty with the Dutch language, raise the use of a sworn interpreter in good time.
What evidence should you secure?
In any event, keep the list of seized items, photographs, the tenancy agreement, details of the occupants, the notice inviting your views or the closure order, messages about access to rooms and financial records. Keep the original files available and make a working copy for your lawyer. Screenshots can be useful, but they often do not show the full conversation, the origin or the metadata.
Make a timeline with dates, people and events. Separate what you observed yourself from what others told you. Note possible witnesses with a short explanation of what they themselves observed. Do not approach them in order to align statements.
Do not delete or alter any data. Information that seems unfavourable at first sight may also be needed to understand the context. Report possible camera footage or other temporarily available sources quickly, so that your lawyer can assess whether that material should be secured or whether further investigation is needed.
The mayor and the Public Prosecution Service assess different questions
A drugs find may lead to a criminal investigation and to an administrative procedure concerning a home or other premises. The Public Prosecution Service investigates criminal offences. The mayor may take an administrative law measure under the conditions of Article 13b of the Opium Act. A closure order is therefore not the same as a criminal judgment.
These roles must also be kept separate in your defence. In the criminal case, your knowledge or involvement may be central. In the administrative procedure, issues such as the mayor’s power, and the necessity and proportionality of the chosen measure, play a role. The significance of a criminal law decision for the closure therefore requires a separate assessment.
Give both files to your lawyer. An official police report may be used in more than one procedure, but the legal questions and deadlines differ. A defence aimed only at criminal guilt does not automatically answer all questions about a closure order. Conversely, a closure does not automatically prove that every occupant has committed a criminal offence.
The proposed decision offers an important moment to respond
Often, the person concerned first receives notice of a proposed closure together with an opportunity to submit their views (zienswijze). Read which facts the municipality assumes, which policy is being applied and which measure is being considered. Check the date by which you must respond. Do not wait for a criminal hearing that may take place much later.
A useful response deals with specific points. Are the address, the find and the persons involved correct? Is the administrative report available? What information is missing? What consequences would a closure have for each of the occupants? Support your response with documents and distinguish between a factual dispute and circumstances that must be taken into account when weighing the interests.
Keep the proposed decision, all annexes and proof that your views were sent. A telephone call with the municipality can be useful for explanation, but does not automatically replace a formal written response. Ask for confirmation if an extension is granted. In the meantime, work to the original deadline unless another arrangement has been confirmed.
Substantiating necessity and proportionality in concrete terms
The assessment is not limited to the question of whether drugs were found. The legal basis for the power and the necessity and proportionality of the measure must be examined. The circumstances can vary greatly from case to case. Think of the nature of the location, the actual findings, the passage of time and the consequences for the occupants.
Make those consequences visible. Are there minor children, medical circumstances, care arrangements or problems finding alternative accommodation? Which documents support that? A general statement that a closure would be hard says little about the specific situation. An overview with verifiable details helps in assessing the balance of interests.
Measures taken after the find may also deserve attention. Describe exactly what has changed, when, and with what demonstrable effect. This does not mean that every later measure will prevent a closure. Your lawyer can assess which facts are relevant to the current necessity and how they can be presented responsibly.
Tenancy agreement, ownership and other occupants
An administrative closure may have consequences for your housing situation and your relationship with the landlord. A tenancy dispute, however, is a separate legal matter. Therefore also check letters about termination, eviction or other measures. Do not assume that an objection lodged with the municipality automatically covers tenancy proceedings.
The position of an owner who does not live in the property may differ from that of a tenant or a family member living there. Gather tenancy agreements, information about actual use and relevant correspondence. Describe what knowledge and involvement each person had, without filling in a statement on behalf of others. Each interested party may have their own interests and questions.
Make practical arrangements about essential belongings, medication, post and access if a closure actually goes ahead. Follow the instructions and do not break a seal or access restriction on your own initiative. Discuss urgent problems with the competent authority and have the legal options assessed.
An objection sometimes requires a separate urgent application
After a closure order, read immediately when the measure takes effect and how an objection can be lodged. Lodging an objection usually does not by itself stop the closure. If enforcement is imminent before a decision is taken on the merits of the objection, an application for interim relief (voorlopige voorziening) to the administrative court may need to be considered.
For an urgent application, both the legal arguments and the urgent interest are important. Keep the notice of the actual closure and explain why a timely judicial assessment is needed. An appointment with a lawyer shortly before the effective date does not in itself provide any postponement. So mention that date at your very first contact.
In addition, keep monitoring criminal law summonses and any tenancy law deadlines. Agree a clear division of tasks if different lawyers are involved. A shared timeline helps to prevent a favourable step in one procedure from being overshadowed by a missed deadline in another.
A file for each occupant and each procedure
A home may be used by several people. Make a factual overview of occupants, rooms, access and relevant periods. Record which details appear from documents and what is based on your own observation. Do not speak on behalf of other occupants about their knowledge or intentions. Their position may differ and may sometimes call for a separate legal assessment.
Keep correspondence with the municipality, the landlord and the police in separate folders. Use one shared calendar for deadlines, but always state which authority and procedure each deadline belongs to. Views submitted to the mayor are something different from a statement to the police or a response to a formal demand under tenancy law. The content must suit the purpose and the legal position.
Record urgent housing consequences in concrete terms. Which alternative accommodation has been explored, what restrictions exist and which essential care or school arrangements are affected? Keep the responses from the organisations involved. Substantiation helps in weighing the interests; it does not guarantee that the decision will be withdrawn. So avoid making promises to housemates about an outcome that is not yet certain.
For the way in which evidence may have been gathered, the information on searches of a home or business is relevant. If belongings were taken, also read about seizure and the return of property. These questions run alongside the closure procedure. Agree a clear division of tasks, so that an urgent housing problem does not lead to a criminal law or tenancy law deadline being missed.
What steps can you take now?
Work in a fixed order so that deadlines and evidence are not lost.
1. Keep the letter, summons or punishment order and note every date. 2. Request the case file or the available details of the suspicion through your lawyer. 3. Gather original data and make a factual timeline. 4. Discuss your position in the proceedings before the interview. 5. After every decision, check the correct legal remedy and the deadline. 6. Coordinate parallel proceedings involving your employer, bank, municipality or the CBR.
A contact request to a lawyer does not in itself safeguard a deadline. A punishment order, judgment or measure may be subject to a short statutory deadline. Therefore send the complete decision and state when you received it.
Contact us for an assessment of the next step.
What outcomes are possible?
An investigation may end in a dismissal (the Public Prosecution Service drops the case), a punishment order, a summons or another decision by the Public Prosecution Service. Before the court, possible outcomes include acquittal, discharge from further prosecution and conviction. Which route applies depends on the evidence, legal classification and circumstances.
A statutory maximum sentence does not predict the actual sentence. The court looks at the proven offence, its seriousness, its consequences, personal circumstances and relevant documentation. Compensation, seizure, a contact condition or a measure may also be at issue.
Do not automatically accept or pay a punishment order if you want to challenge the finding of guilt. Have the consequences and the deadline for lodging an objection (verzet) checked immediately. Even a relatively limited disposal may matter for your judicial record and a later certificate of conduct (VOG) assessment.
Which mistakes are often made?
Many suspects try to explain everything straight away by telephone without knowing the case file. A second mistake is deleting relevant messages out of shame or fear. Contacting a complainant or witness yourself can also be misinterpreted or breach a prohibition.
Other risks include: keeping only a few screenshots, letting a deadline pass because the letter is unclear, treating a punishment order as an ordinary fine and withholding information from your own lawyer. A defence becomes stronger with complete, verifiable information.
Do not publish an extensive response on social media. A public defence rarely takes account of the rules of evidence, privacy and the as yet unknown contents of the case file. Discuss reputational or employment consequences through a separate, coordinated route.
How does Arslan Advocaten handle this type of case?
Arslan Advocaten handles criminal cases from the interview stage through to the hearing and any legal remedy. The lawyer starts with the procedural documents, deadlines and the next decision point. Evidence, legal classification and personal consequences are then assessed separately.
In practice, problems often arise because a client is involved in several proceedings at the same time. Think of a blocked bank account, a dismissal issue, a closure order or a VOG problem alongside the criminal case. We first map out those lines, so that a response in one case does not unintentionally harm your position in another.
Frequently asked questions about a drugs find and a possible closure of your home
Will a home always be closed if drugs are found?
No, that does not automatically follow from every find. The statutory power, the circumstances and the necessity and proportionality of the measure must be assessed. Have the proposed decision or the decision itself and the administrative report examined.
Do I first have to be convicted of a criminal offence?
An administrative closure procedure is not a criminal case and may run alongside a criminal investigation. A prior conviction is not necessarily required. That makes a separate response to a proposed decision or decision of the mayor necessary.
Does an objection stop the closure?
Usually not automatically. Check the effective date and discuss whether an application for interim relief is also necessary and possible. Keep proof that your objection was sent. If the closure date is approaching, do not wait for the outcome of the criminal case.
Does it matter that children live in the home?
The specific consequences for children and other occupants may be relevant to the balancing of interests. Support your situation with appropriate documents about housing, care and alternatives. The presence of children does not in itself guarantee that a closure will not go ahead.
Can my landlord also take measures?
That may give rise to a separate tenancy law issue. Have letters about termination or eviction assessed separately and keep track of those deadlines. An objection procedure against the municipality does not automatically settle your relationship with the landlord.
What should I send with an urgent contact request?
Send the proposed decision or the decision with its annexes, the date of receipt and the announced closure date. State who lives in the home, which other proceedings are pending and which urgent consequences exist. Share sensitive medical or family information through an agreed secure route.
Have your case assessed
Have you received an invitation to appear, a punishment order or a summons? You can request an assessment through the contact form. State the next date and share sensitive documents only through the agreed secure route.
When is a prompt legal assessment advisable?
In the case of a drugs find and a possible closure of your home, the next step must be tailored to the specific procedure. Therefore have the available documents, the deadline and the purpose of any response assessed together. A lawyer can check what information is missing, whether further investigation is needed and which authority decides on your question. This makes clear what you can gather yourself and which formal step must be taken in time.
Prompt assistance is particularly advisable when an interview, punishment order, summons, seizure or measure has already been announced. Note the date of receipt, keep envelopes and digital messages, and send the complete decision. Also discuss the consequences for your work, licences, residence status, insurance, banking relationship or certificate of conduct (VOG). Those side effects sometimes require a separate response with its own deadline. A specific assessment always depends on the case file; general information does not replace personal legal advice.
Sources
- Dutch Criminal Code (Wetboek van Strafrecht)
- Dutch Code of Criminal Procedure (Wetboek van Strafvordering)
- The Dutch judiciary on criminal law
- Opium Act (Opiumwet), Article 13b
- Council of State (Raad van State), review of a closure order
- General Administrative Law Act (Algemene wet bestuursrecht)
Editorial team and responsible attorney
Editorial team: Arslan Advocaten. Responsible attorney for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information does not replace an assessment of your own case file.
