Criminal Defense Lawyer in Eindhoven and Amsterdam

You have been arrested, the police have invited you for questioning, or a penal order or summons has arrived in the post. A criminal lawyer in the Netherlands protects your rights from the first police interview to a possible appeal. On this page you will read how a criminal case runs in the Netherlands, which deadlines apply and what you can do straight away.

Dutch criminal law is laid down in the Criminal Code (Wetboek van Strafrecht) and the Code of Criminal Procedure (Wetboek van Strafvordering). Articles cited below refer to these codes. Criminal procedure works with short, strict deadlines.

When do you need a criminal lawyer in the Netherlands?

You need a Dutch criminal defence lawyer as soon as the police or the Public Prosecution Service (Openbaar Ministerie) treat you as a suspect. The earlier your lawyer is involved, the more influence you have on the case file and on the decision to prosecute.

Clients usually contact us in situations like these:

• you have been arrested, or you are suspected of a criminal offense and invited for a police interview;
• a family member is detained and you want to know how long police custody and pre-trial detention can last;
• you received a penal order (strafbeschikking) from the Public Prosecution Service and are unsure whether to object within 14 days;
• you received a summons for a criminal trial;
• you are suspected of fraud, money laundering, a drugs offence, assault, theft or a traffic offence;
• you are a foreign national and worry about the consequences for your residence permit;
• you were convicted and want to lodge an appeal within 14 days;
• you are a victim of a crime and want to claim compensation.

What happens after an arrest by the police?

After an arrest you are taken to a police station and brought before an assistant public prosecutor. Detention can then continue in stages up to the examining magistrate (rechter-commissaris).

Anyone may arrest a person caught in the act (Article 53 of the Code of Criminal Procedure). Outside that situation, the police may arrest you only on suspicion of an offence for which pre-trial detention is allowed (Article 54). Every stage of detention has a statutory maximum. If a deadline is exceeded, your lawyer can challenge the lawfulness of the detention.

How long can the police hold you?

The police may first hold you for questioning for up to nine hours, with the hours between midnight and 9 a.m. not counted. After that, any further detention requires a custody order or a decision by a judge.

Remand and further detention together form pre-trial detention (voorlopige hechtenis). It is in principle only possible for offences carrying a prison sentence of four years or more (Article 67). There must also be a ground, such as a risk of flight or of reoffending (Article 67a). Your lawyer can ask the court to suspend pre-trial detention under conditions (Article 80).

What are your rights during police interrogations?

As a suspect you do not have to answer questions, and the police must tell you so before the interview (Article 29). You are also entitled to consult a lawyer before the first interview and to have a lawyer present during it.

The right to consultation is set out in Article 28c and the right to assistance during the interview in Article 28d. If you are arrested, the police will call a duty lawyer (piketadvocaat) through the Legal Aid Board, unless you choose your own lawyer. Your statements are recorded in an official police report and can later be used as evidence. Discuss first with your lawyer whether silence or a statement serves your defence best.

Everything you discuss with your lawyer is covered by professional privilege (Article 218). Lawyers in the Netherlands are independent and are regulated by the Netherlands Bar (NOvA). If you need medical care in custody, you can ask the police for a doctor.

Which extra rights do foreign nationals have?

If you do not speak or understand Dutch, you are entitled to an interpreter free of charge during police interrogations and at trial. If you are detained, you can ask the police to inform your consulate. That right follows from Article 36 of the Vienna Convention on Consular Relations.

A criminal conviction can also affect your residence permit. The Immigration and Naturalisation Service (IND) weighs the sentence against the length of your lawful stay. We assess these consequences together with you before you accept a penal order or plead your case.

How does a criminal case proceed after the investigation?

After the police investigation, the public prosecutor decides whether you will be prosecuted. The Public Prosecution Service can drop the case, issue a penal order, or summon you to appear before a criminal court.

What decisions can the Public Prosecution Service take?

The prosecutor can decide not to prosecute (sepot), for example because the evidence is insufficient (Article 167). Such a decision can also be conditional.

Before that decision, your lawyer can point out weaknesses in the evidence or relevant personal circumstances to the prosecutor. A victim who disagrees with a decision not to prosecute can complain to the court of appeal (Article 12).

What can you do against a penal order?

You can lodge an objection (verzet) against a penal order with the Public Prosecution Service within 14 days after it was handed to you or sent to you (Article 257e). After an objection, your case will normally be heard by a criminal court.

With a penal order, the prosecutor imposes the penalty himself, such as a fine, community service or a driving ban (Article 257a). If you pay or let the 14 days pass, the penalty becomes final without any judge having assessed the facts. A penal order for a crime is entered in your criminal record. That can affect your certificate of conduct, your job or travel abroad.

How do you prepare for the summons and the trial?

A summons (dagvaarding) is the formal notice to appear at a criminal trial. It states the charge, the hearing date and the court.

The police judge (politierechter) hears simpler cases and can impose a prison sentence of up to one year (Article 369). More serious cases go to the full-bench chamber of the district court, with three judges. Minor offences usually go to the subdistrict court. A criminal case can be heard in Amsterdam, Rotterdam, The Hague or any other district court.

You and your lawyer are entitled to access the case documents (Article 30). As your criminal lawyer, Law & More studies the file for procedural errors and gaps in the evidence. Your lawyer can also ask the examining magistrate to hear witnesses or appoint an expert.

When do you appeal or go to the Supreme Court?

You can appeal against a judgment of the district court to the court of appeal within 14 days (Article 408). Against a judgment of the court of appeal, you can lodge an appeal in cassation with the Supreme Court within 14 days (Article 432).

On appeal, the court of appeal hears the whole case again, both the facts and the sentence. The court of appeal can also impose a heavier sentence, so weigh the chances and risks first. In cassation, the Supreme Court (Hoge Raad) only reviews whether the law was applied correctly and procedural rules were followed.

Can you claim compensation after pre-trial detention?

If your case ends without a penalty or measure, for example through acquittal or a decision not to prosecute, you can request compensation for the time you were detained. You file the request with the court within three months after the case has ended (Article 89).

The court grants compensation if fairness requires it. It can cover an amount per day of detention and lost income. Under Article 591a you can also request a contribution towards your lawyer's fees.

What does a criminal case mean for your criminal record and VOG?

A conviction or penal order for a crime is registered in the judicial documentation system, the Dutch criminal record. When you apply for a certificate of conduct (Verklaring Omtrent het Gedrag, VOG), the screening authority Justis assesses whether that record is relevant to the job.

A decision not to prosecute or an acquittal can also appear in the judicial documentation, although it weighs less heavily for a VOG. A good defence therefore also looks at these long-term consequences. If Justis refuses a VOG, you can object within six weeks.

Which criminal cases does a Dutch criminal defence lawyer handle?

A Dutch criminal defence lawyer handles cases across the whole field, from minor offences to serious crimes. We defend suspects and assist victims in, among others, the following areas:

• Fraud, such as obtaining property by deception (Article 326 of the Criminal Code).
• Money laundering (Article 420bis of the Criminal Code), often combined with seizure of cash or assets.
• Drugs offences under the Opium Act, from possession to trafficking and cultivation.
• Assault and other violence (Article 300 of the Criminal Code onwards).
• Theft, burglary and receiving stolen goods.
• Traffic offences, such as drink-driving (Article 8 of the Road Traffic Act 1994), speeding and accidents causing injury.
• Cybercrime and organized crime investigations.

How do we assist victims of crimes?

As a victim, you can join the criminal case as an injured party and claim compensation (Article 51f of the Code of Criminal Procedure). In cases of serious crimes you also have the right to speak at the hearing (Article 51e).

If the court awards your claim, it can also impose a compensation order on the offender (Article 36f of the Criminal Code). The Central Judicial Collection Agency (CJIB) then collects the amount on your behalf. After a violent crime, you may also apply to the Violent Offences Compensation Fund.

How does working with Law & More work?

As your criminal lawyer in the Netherlands, we work in four phases. For each phase, we discuss in advance what we will do and what it will cost.

1. Intake. In a free introductory meeting we discuss the accusation, your position and the deadlines that are running.
2. Advice. We request the case file and assess the facts, the evidence and possible procedural errors. You receive clear advice in English or Dutch.
3. Negotiation. We engage with the Public Prosecution Service, for example about dropping the case, the level of a penal order or further investigation by the examining magistrate.
4. Proceedings. We represent you at trial before the district court and can also defend you on appeal at the court of appeal.

Criminal lawyer in the Netherlands: what are the costs?

The hourly rate of a lawyer at Law & More is between 250 and 350 euros excluding VAT. For a partner, it is between 300 and 400 euros excluding VAT. We always discuss the rate and an estimate of the costs in advance.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. We are based at Marconilaan 13 in Eindhoven, have a visiting location in Amsterdam and act as criminal lawyer in the Netherlands.

If your income is low, you may qualify for subsidised legal aid (toevoeging) through the Legal Aid Board (Raad voor Rechtsbijstand). You then pay an income-related personal contribution. Law & More does not work on a legal aid basis. If you are placed in police custody, a duty lawyer is assigned free of charge for the first stage. You can also instruct a privately paid criminal lawyer in the Netherlands, who stays with your case throughout.

Which articles help you further?

These articles explain the topics a criminal lawyer in the Netherlands deals with most often:

• What to expect during a police interrogation in the Netherlands
• The right to remain silent: misconceptions and strategy
• Suspension of pre-trial detention
• The penal order and the prosecutor's hearing
• Appeal in criminal law
• Cassation in the Netherlands
• Criminal record and employment: the VOG
• Compensation after acquittal

The full text of the Dutch Code of Criminal Procedure is available on wetten.overheid.nl.

Frequently asked questions

When should I contact a criminal lawyer in the Netherlands?

Contact a criminal lawyer in the Netherlands as soon as you are treated as a suspect, ideally before your first police interview. Fast help is also essential after a penal order or summons, because the deadlines are short.

Do I have to make a statement to the police?

No. As a suspect you have the right to remain silent under Article 29 of the Code of Criminal Procedure, and the police must tell you so. Whether silence is wise depends on the file, so discuss it first with your lawyer.

How long can I be held in pre-trial detention?

After police custody, the examining magistrate can order remand for up to 14 days. The district court can then order further detention for up to 90 days. Pre-trial detention can therefore last up to 104 days before the first hearing, and it can continue after that.

How much time do I have to object to a penal order?

You have 14 days after the penal order was handed or sent to you to lodge an objection. If you do nothing or pay, the penalty becomes final. After an objection, a judge usually assesses the case.

How long do I have to appeal a criminal judgment?

You must lodge an appeal within 14 days after the judgment of the district court (Article 408 of the Code of Criminal Procedure). The court of appeal then hears the case again. It can reduce, confirm or increase the sentence.

What does a criminal lawyer in the Netherlands-based cost at Law & More?

A lawyer at Law & More charges 250 to 350 euros per hour and a partner 300 to 400 euros per hour, both excluding VAT. The introductory meeting is free. A one-off advice meeting costs 300 euros including VAT.

Does Law & More work on legal aid?

No, Law & More does not work on subsidised legal aid. You can apply for legal aid through a lawyer who works with the Legal Aid Board. If you are placed in police custody, you will be assigned a duty lawyer free of charge.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

This page provides general information and does not replace advice on your specific situation.