Police / FIOD

If you come into contact with the police or the FIOD (the Dutch fiscal investigation service), it can be overwhelming. You may be named as a suspect, after which you are arrested or invited in for an interview. Your home may be searched and property may be seized. That is deeply intrusive and brings with it a great deal of uncertainty and stress.

Such a moment is preceded by investigation. On the basis of it, a suspicion has arisen that you were involved in a criminal offence. The police have wide powers, but you have rights too, and those rights need to be protected. Our lawyers represent you from the first contact with the police onwards and see to it that your rights are observed. At that moment the police know more about your case than you do. So have a lawyer represent you before you answer.

Police interview

If the police name you as a suspect, an interview often follows. That can be after you have been arrested, but also while you are at liberty. Whether you are arrested depends among other things on the offence you are suspected of.

During the police interview too you have the right to be assisted by a lawyer. Your lawyer then makes sure that your rights are respected. You have the right to remain silent and so you do not have to answer the police’s questions. Sometimes silence is wise, sometimes it is better to give a statement after all. Before the interview you discuss with your lawyer which strategy is best in your situation.

Held at the police station

If you have been arrested by the police, you may be held at the police station for a time. Fixed time limits apply:

• Held for investigation: up to 9 hours. After the arrest you are brought before an assistant public prosecutor. That officer can order that you be held for investigation, where the offence is one for which pre-trial detention is permitted, assault for instance. The hours between midnight and nine in the morning do not count.
• Police custody: up to 3 days. If the police need more time, you can be held in police custody.
• Extension: up to 3 more days.
• After that: the investigating judge. If the Public Prosecution Service wants to hold you for longer still, you are brought before the investigating judge. The judge can order remand in custody, and you are then transferred to a remand centre. From that moment on, you are in pre-trial detention.

When you are in police custody too, you have the right to be assisted by a lawyer. Because a criminal investigation has a major impact on your life and on your legal position, it is wise to make use of that right. You can call on the duty lawyer, but you can also name one of our lawyers as your lawyer of choice. Give that name to the police straight away; then you can be sure of being represented by a lawyer you have chosen yourself.

Family members can also call us when someone has been arrested. Often it is the partner, the parent or a colleague who is the first to realise that something is wrong. We can then find out where the person is being held and make sure a lawyer is there as soon as possible.

How the criminal procedure continues

Once the investigation has been completed, the public prosecutor decides what happens to the case. It can be dropped, you can be issued with a punishment order, or the case can be sent to court.

Because our firm specialises in criminal law, we have extensive experience of the way the police and the Public Prosecution Service work. That is why we know better than anyone how important it is to make the right choices as early as possible. From the first contact with the police onwards, you can count on our expert representation.