Dismissal (sepot): the prosecutor decides not to prosecute you (insufficient evidence or no interest in prosecution)
Penalty order (strafbeschikking): the prosecutor imposes a penalty themselves without the intervention of a judge
Public Prosecutor’s hearing (OM-zitting / TOM-zitting): the prosecutor discusses the case with you and proposes a penalty
Summons (dagvaarding): you must appear before the police judge (simple cases) or the multiple-judge chamber (complex cases)
In each route, you have rights and possibilities to defend yourself. A criminal defence lawyer knows these routes and knows which strategy is most promising in your situation.
Time limits are crucial in criminal law. With a penalty order (strafbeschikking), you have 14 days to lodge an objection (verzet). With a verdict, you have 14 days to appeal. One day too late is definitively too late. Therefore, always engage a lawyer immediately as soon as you receive a letter from the Public Prosecution Service (Openbaar Ministerie).
What exactly is an OM hearing?
An OM hearing, or OM-zitting, is a relatively informal hearing before the public prosecutor where you have the opportunity to respond to the allegations against you. It is distinct from a formal court hearing and can sometimes be seen as a last chance to avoid going to court. During this hearing, the prosecutor presents the evidence and explains the penalty they propose, which is usually a fine or community service.
The hearing offers you a chance to explain your side of the story, submit additional information, or potentially negotiate a lesser penalty. However, it is important to remember that the hearing is not a trial, and the prosecutor’s decision is not binding until you either accept the penalty or the case moves to court.
While the OM hearing may appear less intimidating than a court appearance, it is crucial to prepare carefully and understand the implications of the choices you make during this stage.
Advantages and disadvantages of accepting a penalty order
If you accept the penalty order offered by the public prosecutor, the case is closed without a formal trial. This can save you time, stress, and legal costs. Accepting a penalty order can be a practical solution if the evidence against you is strong and the penalty reasonable.
Advantages:
Quick resolution of the case
No need for a court appearance
Potentially lower legal costs
A fixed penalty without the risk of a harsher sentence
Disadvantages:
You waive your right to a trial
The penalty will appear on your criminal record
Limited opportunity to challenge evidence or present a defence
Once accepted, it is difficult to reverse the decision
Given these factors, it is crucial to consult a criminal defence lawyer before deciding whether to accept a penalty order. A lawyer can assess the strength of the case, negotiate on your behalf, and advise you on the potential consequences.
When should you opt to go to court?
Choosing to go to court means that you reject the penalty order or the OM hearing’s proposed penalty and request a formal hearing before a judge. This option is recommended if you believe you are not guilty, the evidence is weak, or the penalty is disproportionate.
Going to court allows you to:
Challenge the evidence presented against you
Call witnesses and present your own evidence
Argue your case before an impartial judge or panel of judges
Potentially achieve an acquittal or a lesser penalty
However, proceeding to court can be time-consuming, stressful, and may involve higher costs. There is also a risk that the court imposes a harsher penalty than the one initially offered by the prosecutor.
Therefore, the decision to go to court should be made carefully, ideally with the guidance of an experienced criminal defence lawyer who can evaluate your case and help prepare your defence.
How to prepare for your OM hearing
Proper preparation for an OM hearing can significantly improve your chances of a favourable outcome. Here are some important steps to take before your hearing:
Consult a criminal defence lawyer immediately. Early involvement of a lawyer can help you understand your rights and options.Request the case file. Your lawyer can obtain all the evidence and documents from the Public Prosecution Service to review your case thoroughly.Gather supporting evidence. This may include witness statements, alibis, or any documents that support your defence.Prepare your statement. Think carefully about how you will explain your side during the hearing.Understand the penalties. Your lawyer can inform you about the possible penalties and the consequences of accepting or rejecting them.
Remember that the OM hearing is your opportunity to influence the outcome before the case potentially escalates to court. Being well-prepared is essential to making informed decisions and achieving the best possible result.
Frequently asked questions
Will a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal aid (toevoeging). 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 free choice of lawyer. You can indicate your own lawyer to the police (voorkeursmelding) 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.
