criminal defence lawyer knows these routes and understands which strategy is most promising in your situation.
Deadlines are crucial in criminal law. For a penal order (strafbeschikking), you have 14 days to object. For a verdict, you have 14 days to appeal. Being one day late is definitively too late. Therefore, always engage a lawyer immediately upon receiving a letter from the Public Prosecution Service (Openbaar Ministerie).
What is a police summons exactly?
A police summons is an official written notification asking you to appear at the police station, usually for questioning or to provide information related to a criminal investigation. It is different from a court summons, which requires your attendance at a court hearing. The police summons is often the first formal step in the criminal justice process and can be sent for various reasons, including being a witness, a suspect, or a person of interest.
It is important to note that ignoring a police summons can have serious consequences, such as being forcibly brought to the police station or even an arrest warrant being issued. Therefore, it is essential to treat the summons seriously and seek legal advice before attending.
Your rights when attending a police interview
When you receive a police summons and attend an interview, you have several fundamental rights under Dutch law designed to protect you during the investigation:
- The right to remain silent: You are not obligated to answer all questions. You can refuse to answer questions that may incriminate you.
- The right to legal assistance: You have the right to be assisted by a criminal defence lawyer during the police interview. If you cannot afford one, you may qualify for subsidised legal aid.
- The right to be informed of the accusations: The police must inform you clearly about the reason for your summons and the nature of the investigation.
- The right to have an interpreter: If you do not understand Dutch well, you can request an interpreter to ensure you fully understand the proceedings.
- The right to a fair and respectful treatment: The police must treat you with respect and follow the legal procedures strictly during questioning.
Knowing and exercising these rights can significantly impact the outcome of your case. Your lawyer can guide you on how to respond during the interview and help protect your interests.
Consequences of not attending a police summons
Failing to attend a police summons can lead to several serious consequences. The police may interpret your absence as non-cooperation or an indication of guilt, which could negatively affect your case. The possible consequences include:
- Forced appearance: The police can order that you be brought in forcibly if you ignore the summons without a valid reason.
- Arrest warrant: In some cases, the court may issue an arrest warrant if you repeatedly fail to appear.
- Negative inference: The prosecution might argue that your failure to attend indicates an attempt to avoid questioning, which could influence the judge’s perception.
However, there are legitimate reasons for not attending, such as illness or other urgent matters. In such cases, it is vital to communicate promptly with the police or your lawyer to explain your situation and request a new appointment.
How to prepare for your police interview
Preparation is key when facing a police summons. Here are some practical steps you can take to ensure you are ready:
- Contact a criminal defence lawyer: As soon as you receive the summons, consult a lawyer who can advise you on your rights and represent you during the interview.
- Gather relevant information: Collect any documents or evidence related to the case that might help your defence.
- Prepare your statements carefully: Discuss with your lawyer how to answer questions truthfully without inadvertently incriminating yourself.
- Know the location and time: Make sure you know exactly where and when the interview will take place and plan to arrive early to avoid additional stress.
- Bring identification and any required documents: Always bring a valid ID and the summons letter to the appointment.
Proper preparation can help reduce anxiety and allow you to present your side of the story effectively.
What can you do?
The most important step you can take is to engage a criminal defence lawyer immediately. Do not wait. The earlier your lawyer is involved in the case, the better he or she can prepare your defence.
Your lawyer can request the file from the Public Prosecution Service, analyse the evidence, hear witnesses, determine a defence strategy, and prepare you for the hearing. Good preparation often makes the difference between conviction and acquittal, or between a heavy and a light sentence.
At Arslan Advocaten, criminal defence lawyers stand in court daily. We know the judges, prosecutors, and procedures. We use that experience for you.
Frequently asked questions
Does a criminal defence lawyer cost me money?
Usually not. Most suspects qualify for subsidised legal aid (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes as little as €188.
Can I choose my own lawyer?
Yes, you always have the right to choose your own lawyer. You can register your own lawyer with the police (preference notification) and you can switch 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.