FREQUENTLY ASKED QUESTIONS

If you suspect that you are wanted or flagged by the police, this can cause a lot of uncertainty. In some cases, there may be a national or international flagging, for example, in the context of a criminal investigation.

A lawyer can inquire with the police on your behalf to check if you are registered (signaled). This usually requires authorization and a copy of your ID. This way, you avoid surprises and know your legal standing.

Do you want to know if you are registered (signaled)? Our lawyers can inquire with the police whether you are registered in the Netherlands or internationally (or if the police are looking for you).

Pre-trial detention is the period during which a suspect is held before a judge has made a final ruling. This can begin at the police station and later continue in a house of detention. It refers to detention during the criminal process, not a sentence after conviction.

A person may only remain in pre-trial detention if there is serious suspicion and if the law provides grounds for it, such as risk of flight or the risk of re-offending. At each stage, it must be reassessed whether detention is still necessary. A lawyer can have it reviewed whether the continuation of pre-trial detention is justified and whether suspension is possible.

As a suspect, you have the right to remain silent. You are not obliged to answer police questions, and exercising this right may not, in principle, be used against you. The right to remain silent is intended to prevent you from unintentionally incriminating yourself.

Whether it is wise to make a statement depends on the specifics of the case, the available evidence, and the moment you are questioned. In many cases, it is advisable to consult with a lawyer first so that you can make an informed decision.

The police can confiscate a driving license for serious traffic offenses, such as driving under the influence of alcohol or drugs, and for significantly exceeding the speed limit. For alcohol, this happens above a high alcohol limit, and for novice drivers, at an even lower limit. A driving license can also be immediately seized for a substantial speeding violation.

After confiscation, the public prosecutor decides whether the driving license will be retained or returned. This decision must be made within ten days, but it is possible to actively use this period by submitting a timely defense. In some cases, the court can also be asked to return the driving license pending the criminal case. A lawyer can assess which steps are useful in your situation.

If the police or the FIOD seize goods, they may only do so if there is a legal reason for doing so. Seizure may take place, for example, for the purpose of investigating the case or to secure a fine, compensation, or confiscation at a later date. However, the seizure may not last longer than necessary.

If there is no longer a valid reason to retain your goods, they must be returned. This can be raised with the public prosecutor. If that does not yield results, the court can be asked to review the seizure. A lawyer can assess whether the seizure is lawful and what steps are necessary to get your belongings back.

As a suspect, you have the right to know which documents have been included in your criminal case, such as official reports, statements, and other evidence. This right arises from the moment you are questioned as a suspect.

In practice, the file is requested from the Public Prosecutor's Office via a lawyer. The lawyer can assess which documents are available and whether the file is complete. This gives you insight into the case and allows you to prepare yourself properly for the further course of the proceedings.

The duration of a criminal case varies greatly from case to case. Simple cases can be concluded within a few months, while more complex cases can take longer, sometimes a year or more. This depends, among other things, on the nature of the offense and the scope of the investigation.

Factors such as pretrial detention, investigation requests, and court scheduling also play a role. A lawyer can usually provide a realistic estimate of the further time frame based on the case.

A police court case is heard by a single judge and usually concerns simpler criminal cases. The police court judge often pronounces judgment immediately after the hearing and can impose a prison sentence of up to one year. More severe measures, such as detention under hospital order, cannot be imposed by the police court judge.

A multiple-judge criminal court handles more complex or serious cases and consists of three judges. In these cases, the verdict is often handed down at a later date. It is wise to have legal assistance in both the police court and the multiple-judge criminal court, so that your interests are properly represented.

In many cases, suspects are not required to be present at the hearing in person. You can authorize a lawyer to speak on your behalf and represent your interests during the proceedings.

However, it may sometimes be wise to be present, for example because this may influence how the judge assesses the case. In other cases, the judge may require you to be present. It is therefore important to discuss this with your lawyer in advance.

If you do not appear at your hearing, the judge can usually still hear the case. The case will then be assessed on its merits without you being present to provide explanations or answer questions.

In some cases, failure to appear can have adverse consequences, such as missing opportunities to explain your personal situation. Under certain circumstances, the judge may also order you to appear after all. You should therefore always discuss with your lawyer in advance whether it is wise to be absent.

Can I postpone my hearing?
If you are unable to attend the hearing but would like to be present, you can request a postponement. This is also known as a request to adjourn the hearing. Such a request must be well-founded, for example with a valid reason why attendance is not possible at that time.

The judge will assess whether a postponement will be granted, taking into account whether the request is reasonable and has been made in a timely manner. Whether a request is granted depends on the circumstances of the case. A lawyer can assess whether a postponement is likely to be successful and submit the request on your behalf.

In criminal cases, the judge can impose various penalties and measures. These can range from a guilty verdict without punishment to a fine, community service, or imprisonment. A penalty can also be imposed in whole or in part on a conditional basis, subject to conditions that the person must comply with.

In addition, in certain cases, the judge may impose measures such as compulsory treatment, placement in an institution for habitual offenders (ISD), or a driving ban. The appropriate punishment or measure depends on the type of offense, the circumstances of the case, and the personal situation of the defendant.

The penalty that can be imposed varies from case to case. Not only the facts play a role, but also your personal circumstances and any criminal record you may have. In addition, the public prosecutor and the defense often view the same case differently.

There are guidelines that provide judges with guidance when determining sentences, but these are not binding. Therefore, no guarantees can be given about the outcome. After reviewing the case file, a lawyer can usually make a realistic assessment of what to expect.

A criminal record is a record of criminal cases and convictions held by the Department of Justice. Not every settlement is included in it, and the retention period varies depending on the type of case and settlement.

A criminal record can have consequences for obtaining a Certificate of Good Conduct (VOG), finding work, traveling, or obtaining permits, for example. Whether these consequences occur and how serious they are depends on the nature of the case and your personal circumstances.

Every suspect has the right to an impartial and independent judge. If, during a hearing, the impression arises that a judge is not impartial, a suspect or their lawyer may request that the judge be replaced. Such a request is called a challenge.

A challenge must be based on concrete facts or circumstances and is assessed by other judges. Challenging a judge is a drastic measure and is not granted lightly. A lawyer can assess whether a challenge is appropriate and likely to succeed in a specific situation.

In some situations, it is possible to receive compensation if a criminal case ends without a conviction or without the imposition of a penalty or measure. This may be the case, for example, after an acquittal, dismissal, or when the Public Prosecutor's Office is declared inadmissible.

Compensation may relate to wrongful imprisonment and certain costs incurred, such as legal aid costs. Whether you are eligible for this depends on the outcome of the case and the circumstances. A lawyer can assess whether a claim is likely to be successful and submit it on your behalf.

In some cases, you may be eligible for legal aid. This is the case, for example, if you are in pre-trial detention. In that situation, legal aid is in principle reimbursed and you do not have to pay any immediate personal contribution. Depending on the outcome of the case and your financial situation, costs may be recovered retrospectively.

Even outside of detention, legal aid may be available if you have a lower income. Your income from previous years will be taken into account, with room for adjustment if your income has since decreased. A lawyer can assess whether you are eligible and help you apply for legal aid.

You always have the right to choose which lawyer will represent you. This means that you can switch lawyers if you are not satisfied, even if your current lawyer was assigned to you through the duty roster or legal aid.

In principle, it is possible to switch lawyers or request a second opinion at any stage of the criminal proceedings. However, it is important that this is done carefully to ensure the continuity of the defense. A new lawyer can advise you on this.

If you would like to switch or would like a second opinion, please feel free to contact us without obligation.