What a criminal lawyer costs you in the Netherlands depends mainly on who pays. If you are arrested for a serious offence or remanded in custody, the state pays for an assigned lawyer (Article 43 of the Legal Aid Act, Wet op de rechtsbijstand), although the Legal Aid Board can reclaim that fee after a final conviction if your income is above the legal aid limits; in other cases you pay privately or receive subsidised legal aid with a personal contribution, depending on your income.
There is no court fee for the accused in a criminal case. Below we explain the duty lawyer scheme, subsidised legal aid, private fees, the costs the state can impose and how to recover costs after an acquittal.
Table of contents
Which costs can arise in a criminal case?
Five separate cost items can appear, each governed by different rules. Keep them apart when you assess your budget.
| Cost item | Who pays | When |
|---|---|---|
| Duty lawyer (piketadvocaat) at the police station | The state | Arrested suspects of offences for which pre-trial detention is allowed |
| Assigned lawyer during remand | The state | Once custody (bewaring) is ordered or requested (Article 40 Sv) |
| Subsidised legal aid (toevoeging) | The state, minus a personal contribution | If you pass the income and capital test |
| Private fees | You | If you fall outside legal aid or choose to pay privately |
| Consequences of a conviction | You | Fines, victim compensation, collection charges |
Does the duty lawyer at the police station cost you anything?
No, if you are arrested for an offence for which pre-trial detention is allowed. The Legal Aid Board (Raad voor Rechtsbijstand) then assigns a duty lawyer and this assistance is free (Article 43 Wet op de rechtsbijstand).
When does the police call a duty lawyer?
Under Article 28b of the Code of Criminal Procedure (Wetboek van Strafvordering, Sv) the assistant public prosecutor must notify the Legal Aid Board immediately if a vulnerable suspect, or a suspect of an offence carrying twelve years’ imprisonment or more, is held for questioning. For other offences for which pre-trial detention is allowed, the Board is notified if you ask for a lawyer.
If you are arrested for a minor offence for which pre-trial detention is not allowed, you may contact a lawyer of your own choice, but the state does not pay for that lawyer’s attendance at the interview. You do not need to know a lawyer’s name or speak Dutch to use the duty scheme.
What does the duty lawyer do?
Before the first police interview you may consult the lawyer for up to thirty minutes, which can be extended by another thirty minutes (Article 28c Sv). The lawyer may attend the interview and take part in it at your request (Article 28d Sv).
The lawyer explains your right to remain silent and can intervene if improper pressure is applied. We describe how this works in practice in our article on arrest and police questioning.
What happens after the police station?
Once the public prosecutor orders or requests custody (bewaring), the Legal Aid Board assigns a lawyer under Article 40 Sv for the pre-trial detention, without an income test. This assistance is free, but if you are finally convicted and your income or capital exceeds the legal aid limits, the Board can reclaim the fee from you (Article 43(3) Wet op de rechtsbijstand).
If you are not arrested but invited to a police interview as a suspect, you may bring a lawyer (Article 28d Sv), but no duty lawyer is assigned automatically. You then pay that lawyer yourself or apply for subsidised legal aid.
Can you choose your own lawyer?
Yes. Article 28 Sv gives every suspect the right to be assisted by an assigned or chosen lawyer, and both have the same powers and access to the file.
You do not have to keep the duty lawyer who happened to be on the roster. A lawyer of your choice can take over the case, either privately paid or, if that lawyer is registered with the Legal Aid Board, on an assignment. Switch early: a change in the middle of a trial costs time.
When do you get subsidised legal aid?
Outside the free assignments, the Legal Aid Board can grant subsidised legal aid (toevoeging) under Article 44 Wet op de rechtsbijstand. The Board then pays the lawyer a fixed fee and you pay a personal contribution (eigen bijdrage).
How is your income tested?
The Board looks at your taxable income and capital in a reference year (peiljaar), which is two years before the application, using data from the Tax Administration (Belastingdienst). If your income has dropped sharply since then, you can ask the Board to use a more recent year.
The income limits and contribution amounts are set by regulation and change every 1 January. Check the current figures on the website of the Raad voor Rechtsbijstand for the year in which you apply.
When is no personal contribution due?
No contribution is due if the case ends without a punishment or measure (Article 44(2) Wet op de rechtsbijstand), for example after an acquittal or a decision not to prosecute (sepot). Assistance by a lawyer assigned under Articles 39 to 41 Sv carries no personal contribution, subject to the reclaim rule for convicted persons with higher incomes.
How do private fees work?
Outside legal aid you agree the fee with the lawyer. Under the professional rules of the Netherlands Bar (Nederlandse orde van advocaten) the lawyer confirms the fee basis, the scope of the work and how expenses are charged in a written engagement letter.
- Hourly rate: the most common model; 21% VAT is added for private clients, and expenses such as interpreters and expert reports are charged separately.
- Fixed fee: for clearly defined work, such as attending a police interview, one hearing before the police judge (politierechter) or an objection to a penalty order.
- Advance payment: firms usually ask for a deposit before starting, which is offset against interim invoices.
The total cost depends mostly on the amount of work, not on the hourly rate. A large file, telecom or financial data, witness hearings before the examining magistrate (rechter-commissaris), a multi-day trial, an appeal or visits to a remand centre all add hours. Ask for a written estimate per stage.
Which costs can the state impose after a conviction?
A conviction or a penalty order can bring financial consequences beyond your own lawyer’s bill. The Central Judicial Collection Agency (CJIB) collects most of them.
- Fines: a court fine or a penalty order (strafbeschikking) from the Public Prosecution Service is collected by the CJIB, which adds administration costs and increases the amount if you pay late.
- Victim compensation: the court can impose a compensation order (schadevergoedingsmaatregel) under Article 36f of the Dutch Criminal Code (Wetboek van Strafrecht, Sr), which the state collects for the victim. If you do not pay in time, the state may advance the amount to the victim and recover it from you.
- Collection costs: unpaid amounts can lead to enforcement measures, including seizure and alternative detention.
Can you recover your costs after an acquittal or dismissal?
Yes, if the case ends without a punishment or measure. Under Article 530 Sv the court can award compensation for your lawyer’s costs and lost time, and under Article 533 Sv compensation for time spent in police custody or pre-trial detention.
The request must be filed within three months after the case has ended (Articles 529 and 533(3) Sv). The court decides on the basis of fairness, taking all circumstances into account (Article 534 Sv), and may award less than you claimed. If you were assisted by an assigned lawyer on legal aid, no compensation for lawyer’s costs is awarded apart from your personal contribution (Article 44a Wet op de rechtsbijstand).
Does legal expenses insurance cover a criminal case?
Often only to a limited extent. Most legal expenses insurance policies (rechtsbijstandverzekering) exclude intentional offences and cover mainly negligence cases, such as road traffic offences.
Report the case to your insurer before you incur costs, because most insurers do not reimburse earlier costs. If the policy covers court proceedings, you are entitled to choose your own lawyer within the policy limits.
What should you check as a suspect?
The cost of a criminal case is largely decided in the first days. Check these points:
- Whether you were arrested for an offence for which pre-trial detention is allowed, so that a duty lawyer is free.
- Whether a lawyer was assigned under Article 40 Sv after custody was ordered or requested.
- Your income and capital in the reference year, to see whether subsidised legal aid is possible.
- Whether your legal expenses insurance covers the offence, and report it before costs are incurred.
- The fee basis in the engagement letter if you pay privately.
- The three-month deadline for a compensation request if the case ends without a punishment.
What can we do for you with the costs of a criminal case?
Our criminal lawyers act on a privately paid basis. At the first contact we tell you whether you may qualify for a free assigned lawyer instead. We can:
- Assist you before and during the police interview.
- Give you a written fee proposal per stage of the case.
- Check whether your legal expenses insurance covers the case.
- Defend you before the police judge, the multi-judge chamber and on appeal.
- Draft the request for compensation under Articles 530 and 533 Sv within the three-month period.
If you are not sure whether you need a lawyer at all, read our article on when you need a criminal defence lawyer.
Summary
- A duty lawyer at the police station is free for suspects of offences for which pre-trial detention is allowed.
- A lawyer assigned once custody is ordered or requested is free, but the fee can be reclaimed after a conviction if your income exceeds the legal aid limits.
- Otherwise you pay privately or receive subsidised legal aid with a personal contribution, depending on your income two years earlier.
- There is no court fee for the accused in criminal proceedings.
- After an acquittal or dismissal you can claim costs and detention compensation within three months (Articles 530 and 533 Sv).
Frequently asked questions
Does the duty lawyer at the police station cost me anything?
Not if you were arrested for an offence for which pre-trial detention is allowed: the state pays the duty lawyer under Article 43 Wet op de rechtsbijstand. For minor offences without pre-trial detention, a lawyer at the interview is at your own expense.
I earn well. Can I still get an assigned lawyer?
Yes, once custody is ordered or requested a lawyer is assigned under Article 40 Sv without an income test. If you are finally convicted and your income or capital exceeds the legal aid limits, the Legal Aid Board can reclaim the fee from you.
Do I have to pay court fees to defend a criminal case?
No. Court fees (griffierecht) apply in civil and administrative cases, not to the accused in a criminal case. Costs in a criminal case come from your own lawyer and from the outcome, such as fines and compensation orders.
If I am acquitted, will I get my legal costs back?
You can apply within three months of the end of the case under Articles 530 and 533 Sv. The court decides on the basis of fairness and may award less than claimed. If you had an assigned lawyer on legal aid, only your personal contribution is reimbursed.
