A phone call from the police. An officer at your door. A letter from the Public Prosecution Service in your mailbox. It tends to happen at a moment when you are entirely unprepared, and the first question is usually the same: should I call a lawyer now, or can that wait? The answer is almost always the same too: the sooner, the better. The first hours and days of a criminal case are often decisive for how it unfolds, and decisions made at that stage are difficult, if not impossible, to undo later on.
In this article, Law & More sets out the key moments at which it is advisable to engage a criminal defence lawyer, what is at stake at each of those stages, and what a lawyer can do for you.
1. Upon arrest or an invitation for questioning
If you are arrested, or invited for questioning as a suspect, arrange legal assistance immediately, before the questioning begins. What is said during an initial interview often forms the basis of the entire case file and resurfaces at the hearing, even if you later intend it differently or wish to qualify it.
A criminal defence lawyer will discuss your rights and position with you beforehand, advise you on how to conduct yourself during questioning, and ensure that the interview is conducted properly. If you do not yet have your own lawyer, you are in many cases entitled to assistance from a duty lawyer. To ensure a focused and consistent defence from the outset, suspects often choose to engage their own specialised lawyer in addition to, or instead of, the duty lawyer.
2. In cases of pre-trial detention
If you are held in custody following your arrest, for example to allow further investigation, every day counts. The consequences of detention are significant, and the statutory time limits are short, meaning decisions follow one another in rapid succession.
At this stage, a criminal defence lawyer can, among other things:
- assess whether the deprivation of liberty is lawful;
- challenge the continuation of the detention;
- apply for a suspension of the pre-trial detention, if necessary subject to conditions;
- bring your personal circumstances, such as work and family, to the court’s attention.
Because the time limits are short and decisions accumulate quickly, early involvement of a lawyer makes the biggest difference at this stage.
3. In the event of a search or seizure
A search of your home or business premises, or the seizure of records, phones, computers or money, is a far-reaching measure. Such powers are subject to strict statutory limits, and in practice those limits are not always correctly applied.
A criminal defence lawyer will assess whether the police and the Public Prosecution Service have stayed within those limits and whether the seizure can be challenged. A lawyer can also file a complaint or a request for the return of seized property, something you are often unable to attend to yourself while the clock keeps running.
4. Upon receiving a summons or a penalty order
Have you received a summons to appear before the criminal court, or a penalty order (strafbeschikking) from the Public Prosecution Service? Do not wait until shortly before the deadline expires.
A penalty order can look harmless, for instance when only a fine is imposed, but may still carry serious consequences, including for your criminal record. Moreover, an objection must be lodged within a short time limit; if that limit passes, the order generally becomes final. In the case of a summons, a lawyer will review the case file, discuss the prospects of the case with you, and prepare the defence for the hearing.
5. When suspected of a serious criminal offence
The more serious the suspicion, the greater the importance of specialised legal assistance. This is certainly true where a substantial sentence is at stake, but just as often where the case may have major consequences beyond the courtroom: for your job, your reputation, your residence status, or your family situation.
In such cases, a proper defence involves more than simply appearing at the hearing. It includes:
- a thorough analysis of the complete case file;
- a critical assessment of the evidence;
- scrutiny of the lawfulness of the investigative measures used;
- developing a well-considered defence strategy;
- engaging with the Public Prosecution Service on the possible disposal of the case.
6. In juvenile criminal cases
Minors, too, are entitled to legal assistance. Juvenile criminal law has its own rules and places greater emphasis on development, guidance and future prospects than on punishment.
It is precisely for this reason that a minor, together with their parents or guardians, should be assisted by a lawyer familiar with juvenile criminal law. This ensures that attention is paid not only to the offence itself, but also to the young person’s personal situation and longer-term interests.
What does it cost you to engage a lawyer too late?
In practice, we regularly see the same avoidable situations arise for people who initially believed they could handle matters on their own:
- giving an extensive statement during questioning without first discussing their own position and the risks involved;
- letting a penalty order or settlement offer pass without realising that the objection period is short and expires quickly;
- accepting a search or seizure at face value, while its lawfulness could in fact have been challenged;
- seeking legal advice for the first time only shortly before the hearing, leaving barely any time to prepare the case file thoroughly.
Each of these situations is avoidable. Early involvement of a lawyer creates the space to make well-considered choices, rather than having to repair afterwards what has already been said or left undone.
Consequences that reach beyond the hearing
A criminal case often affects more than just the question of whether a sentence will follow. A conviction can have consequences for obtaining a Certificate of Good Conduct (VOG), and with it for a current or future job, a profession that requires screening, or a residence permit. A person’s personal and professional reputation may also come under pressure, sometimes even before any judgment has been handed down. In determining the defence strategy, these broader interests are taken into account, not merely the severity of the sentence as such.
What does a criminal defence lawyer actually do for you?
A criminal defence lawyer supports you throughout the various stages of your case. In concrete terms, this includes:
- requesting and analysing the complete case file;
- explaining your rights and the risks at play in your case;
- advising on your conduct, both during questioning and at the hearing;
- assessing the lawfulness of investigative measures;
- challenging detention or seizure;
- liaising with the police, the Public Prosecution Service and the court;
- conducting the defence at the hearing;
- providing assistance in any subsequent appeal.
A good criminal defence lawyer looks not only at the legal dimension of the case, but also at its practical consequences for your personal life, your work and your future.
In conclusion: better too early than too late
Are you unsure whether your situation warrants engaging a criminal defence lawyer? In criminal law, the answer is almost always: better too early than too late. The first steps taken in a criminal case usually have the greatest influence on how it subsequently unfolds, and mistakes made at that stage cannot always be undone later.
Law & More’s criminal law team is happy to think along with you, without obligation, about your position, the possible next steps, and the approach best suited to your situation.
