police interrogation, the public prosecutor (officier van justitie) decides whether you will be prosecuted. This can occur in several ways:
Dismissal (sepot): the prosecutor decides not to prosecute you (due to insufficient evidence or no interest in prosecution)
Penal order (strafbeschikking): the prosecutor imposes a penalty without the intervention of a judge
OM hearing (TOM-zitting): the prosecutor discusses the case with you and proposes a penalty
Summons: you must appear before the single judge (politierechter) for simple cases or the panel of judges (meervoudige kamer) for complex cases
In every route, you have rights and possibilities to defend yourself. A criminal lawyer is familiar with these routes and knows which strategy is most promising in your situation.
Deadlines are crucial in criminal law. In the case of a penal order, you have 14 days to lodge an objection. With a verdict, you have 14 days to appeal. One day late is definitively too late. Therefore, always immediately engage a lawyer as soon as you receive a letter from the Public Prosecution Service (Openbaar Ministerie).
What can you do?
The most important step you can take is: engage a criminal lawyer immediately. Do not wait. The sooner 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, interview witnesses, determine a defence strategy, and prepare you for the hearing. Good preparation often makes the difference between conviction and acquittal, or between a severe and a light sentence.
At Arslan Advocaten, criminal lawyers who stand in court daily work. We know the judges, the prosecutors, and the procedures. We apply that experience for you.
Understanding the summons: what does it mean?
Receiving a summons for the criminal court can be intimidating, but it is important to understand what this document signifies. The summons is an official court order requiring your presence at a specific date and time for a hearing related to the charges against you. It is not a final judgement but an opportunity for you to present your side of the story.
The summons will specify the type of court you must attend. For less serious offences, you will appear before the single judge (politierechter), who handles summary proceedings. For more serious or complex offences, your case will be heard by a panel of three judges (meervoudige kamer). The summons will also provide details such as the location of the court, the time of your hearing, and the nature of the charges.
Ignoring a summons is not an option, as failure to appear can lead to a warrant for your arrest and additional charges. It is essential to take the summons seriously and prepare accordingly.
Preparing for the hearing: key steps to take
Proper preparation for your court hearing can greatly influence the outcome of your case. Here are some key steps you should take once you receive a summons:
- Consult a criminal lawyer immediately: A specialised lawyer will guide you through the legal process, explain your rights, and help formulate an effective defence.
- Gather relevant documents and evidence: Collect any documents, photos, messages, or other evidence that may support your case or disprove the allegations.
- List potential witnesses: Identify witnesses who can testify on your behalf and provide statements that support your version of events.
- Review the case file: Your lawyer can request the official file from the Public Prosecution Service to understand the evidence against you and detect any weaknesses or procedural errors.
- Prepare your testimony: Work with your lawyer to prepare your statements and answers to possible questions during the hearing.
- Understand courtroom etiquette: Familiarise yourself with the court’s procedures and behaviour expectations to present yourself respectfully and confidently.
Remember, your behaviour and attitude during the hearing can affect the judges’ perception. Being cooperative, calm, and respectful is always advisable.
Possible outcomes after the hearing
After your hearing, the court will deliberate and issue a verdict. The possible outcomes vary depending on the nature of the case and the evidence presented. Here are some common results you might expect:
- Acquittal: The court finds you not guilty, and the charges are dismissed. This means you are cleared of all accusations, and the case ends.
- Conviction with a sentence: The court finds you guilty and imposes a penalty, which could range from a fine or community service to imprisonment, depending on the offence.
- Conditional sentence: Sometimes, the court may impose a suspended sentence, meaning you avoid imprisonment unless you commit another offence within a specified period.
- Referral for further investigation: In some cases, the court might order additional investigation or postpone the verdict to gather more evidence.
It is important to discuss the potential consequences with your lawyer beforehand, so you know what to expect and how to respond.
If you disagree with the verdict, you have the right to appeal within 14 days. Your lawyer can advise you on the feasibility and process of lodging an appeal, which can be a complex procedure requiring swift action.
Frequently Asked Questions
Does a criminal 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, just €188.
Can I choose my own lawyer?
Yes, you always have the right to free choice of lawyer. You can give your own lawyer’s details to the police (preference notification) 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.
