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Criminal law means that the criminal court will consider whether someone has committed a criminal offence and a punishment should be imposed. A suspect can only be convicted for a criminal offence. This can be a misdemeanour, a minor offence such as driving through a red light, or a felony. Misdemeanours are more serious offences such as assault or fraud.
There are many situations in which criminal law plays a role. It is therefore possible that you will come into contact with it by chance or by accident. For example, you might not realise it after a nice party, but get behind the wheel with just one drink too many and be stopped after an alcohol check. In that case, you can expect a fine or even a summons on your doormat. Another common situation is that passengers’ bags, due to ignorance or inattention, contain prohibited goods taken from holiday or goods or money that have been incorrectly declared. Regardless of the reason, the consequences of these acts can be serious and the criminal fines can be as high as EUR 8,200. Law & More has a variety of expertises:
- Slander and defamation
- Traffic Criminal Law
- Goods and identity fraud
- Internet fraud
- Corporate Criminal Law
The expertise of the criminal law lawyers of Law & More
Traffic criminal law
Are you accused of driving under the influence of alcohol or drugs? Ask for our legal assistance.
Are you accused of fraud?
We can advise you.
Corporate criminal law
Do you risk corporate criminal law issues?
We can assist you.
Have you been scammed?
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“The efficient work made it affordable for my small company. I will strongly recommend Law & More to any company in the Netherlands”
How does a general criminal law case proceed?
Every case is unique. If you would like more information or have questions about your own case, you can always contact Law & More by telephone or email. To give you an idea of criminal law, we explain below how a general criminal case proceeds.
Step 1 – contacting us
If you are arrested by the police, you will be taken to the police station. The police can hold you for up to 6 hours for questioning at the police station, not counting the time between 00:00 and 09:00. It is wise to use a lawyer as the police will ask you questions in order to gather evidence against you. You can have a lawyer appointed free of charge, but you can also choose a specialist lawyer such as the lawyers from Law & More.
Step 2 – the preliminary investigation
The preliminary investigation starts already at the moment of interrogation. In this phase, you will have to deal with the police and the Public Prosecutor’s Office (OM), who will investigate whether you have committed the offence as a suspect. If, during or after the interrogation, it appears that the 6 hours were not enough to establish the facts, the Public Prosecutor – the assistant public prosecutor – may decide to detain you for a longer period of time for further investigation. You cannot be detained any longer for minor offences for which there is no provisional detention.
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Step 3 – the summons
If the public prosecutor believes that your case should go to court, you will receive a summons from the Public Prosecutor’s Office. The summons states for which offence you will be prosecuted and where and when the judge will hear the case. In addition, the summons states which type of judge will decide on the case. This may be the cantonal judge for offences (minor offences), the police judge (for an offence punishable by a prison sentence of no more than one year), the multi-judge chamber (more serious offences are heard by three judges) or the economic judge (for economic offences). You can object to the summons if you think that you have been summoned wrongfully. You can do this within 8 days after the summons has been served to you (you have formally received the summons). It is important to use a lawyer for this.
Step 4 – the session
A hearing takes place in every criminal case. If it is a big case, the first hearing is a pro forma hearing. The case will not be dealt with substantively, but what the Public Prosecutor or your lawyer still wants to investigate will be examined. In smaller cases there is often only one hearing. You are not obliged to come to the hearing, but you always have the right to do so. If you do not come to the hearing, you can authorise your lawyer to defend you. If you do not respond at all to the summons and do not authorise your lawyer to defend you, then it is a case of absenteeism. Then the hearing and the case will be handled without your presence. However, the judge can oblige you to attend the hearing.
Step 5 – the judgment
When the judge rules depends on the type of case and which type of judge is hearing your case. The cantonal judge and the police judge often pronounce sentence orally immediately. For larger crimes there are often more judges and you will receive the decision – the verdict – within 2 weeks after the trial.
Step 6 – Appeal
If you do not agree with the decision of the judge, you can appeal to the court of appeal.
Suspect of a criminal offence? This is how you can sue a person for libel or slander
The criminal process starts with reporting a crime to the police. If the police and the Public Prosecutor suspect you of having committed an offence, you are a suspect. However, it may be the case that you claim not to have committed the offence, that the situation described above was quite different. What can you do then?
First of all, it is important to remember that a suspect is innocent until proven guilty. You are only guilty of a criminal offence if the criminal court declares you so in the judgment or the public prosecutor in the criminal order. You can appeal against this in cassation. The fact that you are a suspect does not mean that you are also the perpetrator. In addition, you can accuse the person who accuses you of committing an offence, for example if you are accused of raping the alleged victim, of slander. This means that someone accuses you of an untrue fact and damages your reputation or that you are deliberately defamed. This is a criminal offence. Consult Law & More for more information about suing for slander and defamation. We will be happy to assist you.
Why choose the criminal lawyers of Law & More?
The criminal lawyers of Law & More offer you legal advice throughout the entire criminal process. We know that criminal proceedings are stressful and therefore attach extra value to our adequate and immediate availability. Good criminal lawyers are expensive, which is why Law & More considers it important to maintain a good price/quality ratio. We handle your case with care and integrity. If you wish to contact us, please send an e-mail to email@example.com or call +31 40 369 06 80.
Frequently Asked Questions
Consulting a criminal lawyer is not mandatory, but it is sensible. It is advisable to contact a criminal lawyer immediately if you have come into contact with the police. This is because you have the right to assistance from a criminal lawyer. The police will ask you questions in order to gather evidence against you. Therefore, you should know that you are not obliged to answer the police’s questions and that it is wise to immediately contact a criminal lawyer who represents you.
Have you, for example, lost your driving licence and do you want a lawyer specialised in traffic criminal law? Or have you been arrested for possession of a weapon, violence, fraud, assault, money laundering, forgery or embezzlement, then you can come to Law & More. We can also help you in drug cases, such as possession of hemp, marijuana or cocaine.
Do you want to know what Law & More can do for you as a law firm in Eindhoven and Amsterdam?
Then contact us by phone +31 40 369 06 80 or send an e-mail to:
mr. Tom Meevis, advocate at Law & More – firstname.lastname@example.org
mr. Maxim Hodak, advocate at & More – email@example.com