What should I do if I am arrested and what are my rights?
If you have been arrested, it is important to stay calm and be well aware of your rights. The first thing you should do is try to remain calm. Resistance during an arrest can make the situation worse and lead to police brutality or additional criminal offenses, such as resistance to arrest.
The police are mandatory To inform you of the reason for your arrest. This will help you understand what the charges against you are about. You have the right to remain silent; this means that you are not required to answer any questions during your arrest or police questioning. It is often wise to exercise this right until you have spoken to an attorney. Anything you say can be used against you later, so avoid giving details or statements without legal representation.
From the moment of your arrest, you have the right to the assistance of an attorney. Always ask for an attorney, even if you think you have nothing to hide. A lawyer's fees are usually covered, and you can make arrangements with your lawyer. Before you are questioned, you have the right to speak with your lawyer first. Your lawyer can advise you on how best to handle the interrogation and whether or not it is wise to testify.
In many cases, you also have the right to inform someone about your arrest, such as a family member. Your lawyer can provide you with further information about this. The attorneys at Kötter, L'Homme & Plasman Lawyers can guide you through the entire process. This includes advice on how to proceed during the interrogation, negotiations with the Public Prosecutor's Office and preparation for any court hearing.
Anyone arrested/arrested?
The arrest of a family member or friend can be very drastic. Sometimes, for example, an arrest team has invaded your home. There are often a lot of questions. Why has someone been arrested? How will things proceed now? What can I expect? The attorneys at Kötter, L'Homme & Plasman Advocaten understand that you want to be kept informed.
When can the police arrest someone?
If the police suspect a person of committing a crime, they may arrest that person. Suspicion may arise if the police see that person committing a crime, or if a person meets a description. There must be a reasonable suspicion of guilt are.
If the suspect does not cooperate, the police may use force during the arrest, but this force should be no more than necessary.
How long can the police hold someone at the police station?
Police are allowed a maximum of nine hours hold up for questioning. The time between 00:00 and 09:00 does not count for this purpose. This period begins at the time of arrest. The purpose is to gather information and investigate whether there are sufficient grounds to take further steps.
If it is an offense where a pretrial detention is authorized, the police can then give a suspect reassure. Detention is made by the assistant prosecutor if the police have sufficient grounds to further detain a suspect in order, for example, to conduct further investigations. The detention can last up to 72 hours and can be extended once by 72 hours in case of urgent need. After this, the prosecutor must decide whether the suspect is to be arraigned before the examining magistrate or is sent away (meaning someone is released).
Do I have the right to an attorney if I am arrested?
If you are arrested, you have the right to hire a lawyer. This right is enshrined in both national laws and international treaties, such as the European Convention on Human Rights (ECHR). The right to legal counsel is a crucial part of the right to a fair trial. It guarantees that you have access to expert guidance and advice from the moment you come into contact with justice.
Before the first police interrogation takes place, you have the right to a confidential conversation with a lawyer. This conversation usually takes place at the police station and is designed to inform you of your rights and to give advice on how best to conduct yourself during the interrogation. This is an important time to understand what questions you should or should not answer and how best to protect your position.
Since March 1, 2016, you also have the right, during the police interrogation actually be assisted by a lawyer. This means that the lawyer can not only advise you in advance, but can also be present during the interrogation itself. The lawyer has the authority to intervene if unauthorized questions are asked or if your rights are violated. This helps ensure that the interrogation is conducted in a fair and lawful manner and that your rights are respected at all times.
The presence of an attorney during interrogation can be crucial in ensuring fair treatment and can help you respond appropriately to police questions. It also provides an additional layer of protection against any wrongdoing or abuse during the interrogation process.
Therefore, if you are arrested, it is very important that you exercise your right to an attorney. This not only helps to strengthen your legal position, but also ensures that you are well informed about the steps you need to take and how to protect your rights throughout the criminal process.
If you have any questions about this, please feel free to contact our office. You can email info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us via our emergency phone number 06-24428734.
Need an attorney after arrest?
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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