The problem is that, as a suspect, you do not know which lawyer is on duty that day. You might get an experienced criminal law specialist, but also a lawyer who hardly deals with criminal law. That uncertainty is exactly why the right to freely choose your lawyer is so important.
Why your own lawyer is often better than a duty solicitor
There are important reasons why choosing your own criminal defence lawyer is often a better choice than accepting the randomly assigned duty solicitor (piketadvocaat):
Specialisation: a lawyer of your own choosing specialises in the type of case you are dealing with. For a drug offence , you want a lawyer with experience in drug cases, not someone who primarily handles tenancy law.
Time and attention: on busy days, the duty solicitor has multiple suspects at the same time. Your own lawyer has the time to thoroughly prepare your case.
Trust: a good criminal defence lawyer-client relationship is based on trust. If you choose your lawyer yourself, there is a greater chance of a good connection.
Continuity: the duty solicitor usually only handles the first phase (the police station). Your own lawyer guides you from arrest to the court hearing and potentially an appeal.
Preparation: your own lawyer can thoroughly study the case file and determine a strategy. The duty solicitor has to improvise on the spot based on minimal information.
The duty phase is crucial — it is the moment when the foundation is laid for the rest of the criminal case. What you state (or do not state) during the first interrogation can make the difference between acquittal and conviction. That is exactly why it is so important that you are assisted by a specialist you trust.
How do you choose your own lawyer upon arrest?
You have two options for engaging your own lawyer upon arrest:
Option 1: Preference notification. If you already have a regular lawyer who participates in the duty roster scheme (piketregeling), you can indicate to the police that you wish to speak to this specific lawyer. The police will then send a preference notification to your lawyer instead of the duty solicitor on shift. This is free of charge.
Option 2: Your own lawyer outside the duty roster scheme. You can also choose a lawyer who does not participate in the duty roster scheme. In that case, you must pay the costs of the first visit to the police station yourself. Before the further handling of the criminal case, your lawyer can apply for legal aid (toevoeging), so that the costs are still (largely) paid by the government.
Important: the police may not deprive you of your right to your own lawyer. If you indicate that you want a specific lawyer, the police must respect this. In practice, unfortunately, it happens that police officers say: “You will already be assigned a lawyer” or “That takes too long.” This is incorrect — you have a statutory right to freely choose your lawyer.
Tip: save the telephone number of a criminal defence lawyer in your phone. Should you ever be arrested, you can provide the name immediately.
Switching lawyers during an ongoing criminal case
Even if your criminal case is already ongoing, you can switch lawyers at any time. This right is enshrined in the law. You do not have to provide a reason for this.
The new lawyer takes over the case file from your previous lawyer. If you are being assisted on the basis of legal aid (pro deo), you will have to pay a personal contribution to the new lawyer again. The Legal Aid Board will grant a new legal aid assignment in that case.
Reasons to switch lawyers can include: you feel that your lawyer is not fighting hard enough for you, you cannot reach your lawyer, your lawyer is not specialised in your type of case, or you simply have no confidence in the collaboration.
At Arslan Advocaten, we also offer a second opinion. We reassess your case file and give honest advice about the strategy and the chances. Subsequently, you can make a well-considered choice.
Costs: duty solicitor vs. your own lawyer
A frequently heard misunderstanding is that a duty solicitor (piketadvocaat) is free and your own lawyer is expensive. This is not entirely correct:
The duty solicitor is free of charge during the duty phase (the visit to the police station and assistance during interrogation). If the case continues afterwards, the duty solicitor can apply for legal aid (toevoeging) — you then pay a personal contribution depending on your income.
A lawyer of your own choosing who participates in the duty roster scheme also costs you nothing in the duty phase. And for the further case, legal aid can also be applied for.
A lawyer of your own choosing who does not participate in the duty roster scheme does cost you money in the duty phase. But for the further case, legal aid can still be applied for.
It comes down to this: if your own lawyer participates in the duty roster scheme, it costs you nothing extra. And even if that is not the case, the difference is often limited to the costs of the first visit to the police station.
At Arslan Advocaten, our criminal defence lawyers participate in the duty roster scheme. You can therefore list us as your preferred lawyer with the police, entirely free of charge.
Why Arslan & Arslan Advocaten as your criminal defence lawyer?
Arslan & Arslan Advocaten has specialised criminal defence lawyers with years of experience. Mr. Melanie Schulpen has completed the specialisation course at the Willem Pompe Institute for Criminal Law Sciences and is a member of the Dutch Association of Criminal Defence Lawyers (NVSA). She specialises in both adult and juvenile criminal law.
What distinguishes us from many other firms:
We speak Dutch, Turkish, Polish, and English — we can assist you in your own language
We participate in the duty roster scheme — you can list us as your preferred lawyer free of charge
We have 6 offices throughout the Netherlands: Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg
We work on the basis of subsidised legal aid (toevoeging) — for the lowest incomes, you only pay a €188 personal contribution
We are combative: if necessary, we litigate up to the Court of Appeal and the Supreme Court
Have you been arrested, received a summons, or are you dissatisfied with your current lawyer? Contact us directly for a free and confidential conversation.
Frequently asked questions
Does your own criminal defence lawyer cost more than a duty solicitor?
Not necessarily. If your own lawyer participates in the duty roster scheme, the duty phase is free of charge. For the further case, you can apply for legal aid, just like with a duty solicitor.
Can I refuse my duty solicitor?
Yes. You can indicate at any time that you want a different lawyer. The police must respect this.
How do I register a preferred lawyer with the police?
Mention the name of your lawyer when the police ask if you want a lawyer. The police will then send a preference notification to your lawyer.
Can I switch lawyers during an ongoing criminal case?
Yes, at any time. You do not have to provide a reason. The new lawyer will take over the case file.
Do the lawyers at Arslan participate in the duty roster scheme?
Yes. You can list us as your preferred lawyer upon arrest. This costs you nothing extra.
