When do you need a criminal defence lawyer?

You need a criminal defence lawyer as soon as you are a suspect: when you are arrested, invited for questioning, searched or receive a summons or a penalty order. The main exception is an administrative traffic fine that you do not dispute. A penalty order from the Public Prosecution Service is different: it can end up on your criminal record, and you have only 14 days to object.

Below, Law & More sets out the moments at which it pays to involve a criminal defence lawyer, what is at stake at each stage and what a lawyer does for you.

Should you call a lawyer before a police interview?

Yes. As a suspect, you have the right to consult a lawyer before your first police interview and to have the lawyer present during it (Articles 28c and 28d of the Dutch Code of Criminal Procedure, Sv). You also have the right to remain silent (Article 29 Sv).

What you say during the first interview often forms the basis of the whole case file. It returns at the hearing, even if you later want to explain or qualify it. If you are arrested or invited for questioning, arrange legal assistance before the questioning starts.

A criminal defence lawyer discusses your rights and your position with you beforehand. The lawyer advises you whether to give a statement or to remain silent for now, and makes sure the interview is conducted properly. If you are arrested and have no lawyer of your own, a duty lawyer (piketadvocaat) is called for you. Many suspects choose their own lawyer so that one person handles the case from the start.

What if you are held in custody?

Then every day counts. The periods for holding a suspect are short, and decisions follow each other quickly.

After an arrest, the police may hold you for questioning for up to nine hours, not counting the hours between midnight and 9 a.m. (Article 56a Sv). The public prosecutor can then order police custody (inverzekeringstelling) for up to three days (Article 58 Sv). You must be brought before the investigating judge (rechter-commissaris) within three days and fifteen hours after your arrest. The investigating judge can order remand in custody (bewaring) for up to fourteen days, after which the court can extend detention further.

At this stage, a criminal defence lawyer can check whether the deprivation of liberty is lawful, argue against continued detention and apply for suspension of pre-trial detention, if necessary under conditions. The lawyer also brings your personal circumstances, such as work and family, to the attention of the court. Because the periods are short, early involvement makes the biggest difference here.

What if your home is searched or your property seized?

Have a lawyer check whether the police and the Public Prosecution Service (OM) stayed within the legal limits. You can challenge a seizure and ask for your property back by filing a complaint with the court (Article 552a Sv).

A search of your home or business premises, or the seizure of records, phones, computers or money, is a far-reaching measure. The law sets strict conditions, and in practice they are not always applied correctly. A lawyer can file the complaint and follow it up. That is often hard to do yourself while the investigation continues.

What if you receive a summons or a penalty order?

Do not wait until the deadline is near. Against a penalty order (strafbeschikking) from the OM, you have 14 days to object (Article 257e Sv); if you miss that deadline, the order generally becomes final.

A penalty order can look harmless, for example when it only imposes a fine. It can still have serious consequences, including an entry in your criminal record. When you receive a writ of summons, a lawyer reviews the case file, discusses your prospects with you and prepares the defence for the hearing. The earlier the lawyer is involved, the more room there is to request additional investigation or witnesses.

Why does a serious suspicion call for specialised help?

Because more is at stake, both in and outside the courtroom. A heavy sentence can be at issue, but so can your job, your reputation, your residence status or your family situation.

In such cases, a proper defence involves much more than appearing at the hearing. The lawyer analyses the complete case file, critically assesses the evidence and checks whether the investigative powers were used lawfully. On that basis, the lawyer develops a defence strategy and, where appropriate, discusses with the OM how the case might be concluded.

What about juvenile criminal cases?

Minors are entitled to legal assistance too, and they get extra protection. A minor who is arrested cannot waive the right to consult a lawyer before the first police interview.

Juvenile criminal law has its own rules. It applies in principle to young people who were 12 to 17 years old at the time of the offence, and it places more emphasis on development, guidance and future prospects than on punishment. A minor, together with the parents or guardians, is best assisted by a lawyer who knows juvenile criminal law. That lawyer looks at the offence itself, but also at the young person’s personal situation and longer-term interests.

What goes wrong when you call a lawyer too late?

In practice, we regularly see the same avoidable situations. They arise when people first think they can handle matters themselves.

• giving an extensive statement during questioning without first discussing your position and the risks,
• letting a penalty order or settlement offer pass without realising that the objection period is short,
• accepting a search or seizure as a given, while its lawfulness could have been challenged,
• seeking legal advice only shortly before the hearing, leaving barely any time to prepare.

Each of these situations can be avoided. Early involvement of a lawyer gives you room to make considered choices, instead of repairing afterwards what has already been said or left undone.

Which consequences reach beyond the hearing?

A criminal case often affects more than the sentence. A conviction, and sometimes a penalty order, can stand in the way of a Certificate of Conduct (VOG).

Without a VOG, a current or future job, a profession that requires screening or a licence can be at risk. A conviction can also affect a residence permit or a naturalisation application. Your personal and professional reputation may come under pressure, sometimes even before any judgment. A good defence strategy takes these broader interests into account, not just the severity of the sentence.

What does a criminal defence lawyer do for you?

The lawyer supports you in every stage of your case, from the first interview to any appeal. In concrete terms, that includes the following.

• requesting and analysing the complete case file,
• explaining your rights and the risks in your case,
• advising on your conduct during questioning and at the hearing,
• assessing the lawfulness of investigative measures and challenging detention or seizure,
• dealing with the police, the OM and the court, and conducting the defence at the hearing and on appeal.

A good defence lawyer looks not only at the legal side of the case, but also at its practical consequences for your personal life, your work and your future. The rights of suspects are set out in the Code of Criminal Procedure, available on wetten.overheid.nl.

In summary

• Call a lawyer as soon as you are a suspect, and preferably before your first police interview.
• You have the right to consult a lawyer, to have the lawyer present during the interview and to remain silent (Articles 28c, 28d and 29 Sv).
• In custody, the periods are short: nine hours for questioning, then up to three days of police custody before the investigating judge decides.
• You have 14 days to object to a penalty order (Article 257e Sv).
• A conviction can affect your VOG, your job and your residence status.

When do you need a criminal defence lawyer?

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