In court, now what?

27 February 2019
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Arslan Advocaten

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Arslan Advocaten

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In court, now what?

No one hopes or expects to need the legal assistance of a criminal lawyer. Unfortunately, you don’t always have control over what comes your way. Should it be necessary, the criminal lawyers of Arslan & Arslan will be happy to assist you.

If you receive a summons to appear in court, or to appear before the public prosecutor (OM hearing) or if you have to report to the police for questioning, our criminal lawyers will also assist you. A call from the judge, public prosecutor or police can cause stress and uncertainty. It is therefore important that you receive good help and information quickly. At Arslan & Arslan Advocaten we listen to you and see how we can help you. Our criminal lawyers are unbiased and committed to your case. Our criminal lawyers compete in court to get the best result for you.

Our criminal lawyers know exactly which paths to follow. This saves time and keeps costs low. Many people are eligible for subsidized legal aid, this is called an addition. You pay a (low) personal contribution and the rest of your costs are paid by the government. If you are not eligible for an addition, we will also be happy to assist you on a paid basis. This will be discussed with you during the intake, so that there are no surprises.

Our criminal lawyers know exactly which paths to follow.

Penalty conversion

In some cases, the court imposes a (partially) suspended sentence. A suspended sentence means that a sentence is imposed, but it is not immediately enforced. In order to prevent the sentence from being enforced, as a convicted person you must comply with a number of conditions during a probationary period. For example, the convicted person may not commit any criminal offenses during the probationary period. This is a so-called general condition. If you do not comply with these conditions, the public prosecutor can demand that the suspended sentence be enforced. The judge will then make a decision on this.

This also applies if you do not perform your community service order or do not perform it properly. In that case too, the public prosecutor can request the court to convert the community service order into detention. For example, if you have been given a community service order of 40 hours, the public prosecutor can request that this be converted into 20 days of detention.

Have you been notified that your community service order will be converted into custody or have the police visited you? Then contact our criminal lawyers directly. It is important that the judge does not just go along with the request of the public prosecutor. Our criminal lawyers are happy to assist you in representing your interests.

OM session

When you receive a call for a Public Prosecution hearing, this means that you have a hearing with the Public Prosecution Service (with a public prosecutor). An Public Prosecutor hearing means that the public prosecutor will check whether there is sufficient evidence to sentence you. to lay. During this hearing, the officer will discuss the file with you. If the officer is of the opinion that there is sufficient evidence, he will propose a punishment. This is called a criminal order. There is therefore no judge present at this hearing. An OM hearing takes the form of a conversation rather than a hearing, but you are a suspect and therefore not obliged to answer questions.

The public prosecutor will propose a sentence and you can accept it or not. If you accept the proposed sentence, it will appear on your criminal record. This in turn may have consequences for your Declaration on Behavior. If you do not accept the sentence or sentence, the public prosecutor will forward the case to the court. You will then receive a summons and must appear in court. The judge will then look at your case.

The assistance of a good criminal lawyer at a Public Prosecution hearing is of great importance. Precisely because there is no judge present, it is important that your file is examined critically. Our specialists can request the file for you and assess whether it is wise to accept the public prosecutor’s proposal or to go to court. It can sometimes be more beneficial to have the case come to court. Our experienced criminal lawyers can advise you on this.

Traffic fine

Our criminal lawyers are happy to help you with traffic offences. You can think of driving under the influence, driving without a (valid) driver’s license or speeding. In some cases, your driver’s license will be confiscated immediately. This of course has major consequences. Especially when you urgently need your driver’s license for your work or other daily activities.

Has your driver’s license been confiscated? Then the public prosecutor must decide within 10 days after the collection of your driving license whether or not you will get the driving license back. Sometimes you cannot wait 10 days because of your work. It is then important to contact our specialists as soon as possible. Our criminal lawyers can then assist you in getting your driving license back as quickly as possible. We will contact the public prosecutor to ensure that you get your driver’s license back. If the officer refuses to return the driver’s license, our criminal lawyers will file a complaint with the court. This means that we will draw up a complaint in which we will convince the court why it is necessary to return the driving licence. Our specialists will prepare you for the hearing and speak during the hearing. Our advice is therefore to contact our criminal lawyers immediately, so that we can get started right away.

During the entire procedure you will be guided step by step and your chances will be discussed. The criminal lawyers know exactly which paths to follow in order to achieve the best result.

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