What to do in the event of an arrest?

An arrest is an interference with your freedom

In the event of an arrest, you are taken in as a suspect and you are not allowed to decide yourself whether to leave. This goes further than a stop, where the police, for example, speak to you about a violation and determine your identity. A conversation on the street can turn into an arrest; presence at a police station can also result from an invitation.

A suspicion is not yet an established guilt. The name of the suspected offense is important: the law attaches different powers to different criminal acts. Ask what suspicion underlies the arrest and have unclear legal words explained.

Who decides at the office?

At the police station, an assistant public prosecutor assesses the arrest and further investigation. The police can ask questions, investigate identity and collect information about the suspected offense. An assistant public prosecutor is a different officer than the public prosecutor who is in charge of the investigation on behalf of the Public Prosecution Service. A name that looks similar does not mean the same authority.

In practical terms, it helps to keep decisions separate: is the message about the investigation, about longer detention or about the handling of the criminal case? Ask who made the decision and how you can discuss it with an attorney.

The right to remain silent and establishing your identity are different things

As a suspect you do not have to answer questions about the suspicion. You are also entitled to consultation with a lawyer before the first interrogation and to assistance during the interrogation. So you do not first have to provide a substantive story in order to ask for legal help. You can discuss how to deal with individual questions confidentially with the lawyer.

This right to remain silent does not mean that every research requires your permission. For example, the police can take fingerprints under the applicable conditions. A question about your identity and a question about what happened during an incident have a different purpose. If in doubt, the lawyer can explain the difference. The practical significance of a statement and the checking of the report are discussed in more detail in the article about the police interrogation.

The lawyer will help with the next decision

The value of a lawyer begins before a possible court hearing. This involves, for example, explaining the suspicion, preparing for the interrogation and checking the decision to detain you. Legal aid is a right; using it says nothing about whether you are guilty.

Special arrangements exist for arrested suspects, including picket assistance. Under the applicable conditions, you do not pay a personal contribution. This is not a general commitment that every self-selected lawyer will handle the entire case for free. Indicate your preference for your own lawyer and ask how financing is arranged. Our explanation about a pro deo lawyer and lawyer fees makes that distinction more concrete.

Six or nine o'clock is not an ordinary clock time

The general rule for the initial detention for investigation is a maximum of nine hours for a suspicion for which pre-trial detention is permitted, and a maximum of six hours for other facts. The time between midnight and nine o'clock in the morning does not count for this period. There are also specific rules for, among other things, identity research. Therefore, do not just subtract the time of arrival from the current time.

The difference between a maximum and an expected duration is important. A legal maximum does not mean that the police always need that entire period. Nor does it say that you are automatically free after those hours: a separate decision may follow for further deprivation of liberty. Ask which phase applies, when it started and whether there is now a new order. A lawyer can check the calculation based on the documents.

Insurance requires a separate basis

If the legal conditions are met, detention may follow after the detention. This lasts a maximum of three days and can be extended once for a maximum of three days. This is its own phase with its own decision. It is therefore incorrect to regard each additional day at the station as an extension of the same initial hearing.

Control by the examining magistrate is also part of the protection against unlawful deprivation of liberty. The assessment of the detention and any decision regarding detention are legally different questions. Moreover, a request from the Public Prosecution Service to detain someone longer does not constitute an assignment. Ask your lawyer what decision is at hand and what objections or circumstances can be raised.

Pre-trial detention is not an anticipated sentence

Detention is ordered by the examining magistrate and lasts a maximum of fourteen days. The court chamber can then decide on detention. The strength of the suspicion and legal grounds for detention play a role in this. If substantive treatment is not yet possible, a pro forma hearing may be necessary. The often mentioned period of approximately 110 days is not a general guarantee of release.

You may be asked to lift or suspend pre-trial detention. The judge may attach conditions to suspension, such as a reporting obligation or no-contact order. The question then is under what conditions someone can await further criminal proceedings in freedom. Personal interests must be explained in concrete terms; the existence of work or a family does not in itself provide a fixed outcome.

Medical care and contact with home deserve individual attention

Report it if you are ill, need medical care, are taking medication or do not understand something. These are practical needs that remain relevant during the research. State what is going on: for example what medication is needed or whether an explanation has not been received. Waiting until the next substantive hearing may ensure that such an individual problem does not become sufficiently visible.

Under the applicable conditions, you may ask to have a family member or housemate informed that you are being detained. The (auxiliary) officer can temporarily postpone this in certain cases. Without Dutch nationality you can ask the consulate or embassy to be informed.

Being released and a closed criminal case are different outcomes

You can go home after an interrogation while the investigation continues. A message about a dismissal, punishment order or hearing may follow later. Therefore, treat received documents according to their content. A subpoena requires a different response than a notice of non-prosecution. Also keep the documents you receive when you leave the office.

The same distinction applies to judicial registration. In the case of crimes, decisions other than a conviction can also be registered. Release in itself therefore says nothing definitive about a criminal record. It helps to record separately: am I free, what is the status of the suspicion and which official document confirms the follow-up? This prevents relief about returning home from being unintentionally confused with certainty about the matter.

Example: going home the same evening, still have questions

Hypothetical example: Sam is arrested after an argument, speaks to a lawyer and is later allowed to go home. He has not yet received a written final statement on the case. A week later he receives a new letter. From the earlier release, Sam cannot deduce that the letter is a mistake. First it must be clear what decision the letter contains and whether there is a deadline.

The practical lesson is to follow the freedom question and the case content separately. A brief overview of events, documents and open questions helps during the next conversation. You can seek legal assistance via find a criminal lawyer. The questions below will help prepare that conversation.

• What suspicion has been communicated and what explanation is still missing?
• When did each phase of the hold begin and what command does it correspond to?
• Has consultation with a lawyer been arranged and has the financing been explained?
• Have medical needs, language problems and necessary contacts been discussed?
• Which documents have been provided and what is the next decision or deadline?

Follow the freedom question and the criminal case separately

During an arrest, you mainly want to know when you can go home. However, the assessment of your freedom and the decision about prosecution are not the same. The guide to pre-trial detention covers subsequent court decisions, including the question of lifting or suspending. Let the lawyer explain which decision is actually before you.

For practical assistance in the first phase, you can read more about the picket lawyer. If someone from your family has been taken, use the separate route for a arrested family member. This focuses on contact, care and available information, without assuming that a loved one can take over the defense.