If you are involved in a criminal case in Westland, you are entitled to legal assistance from a lawyer. Upon arrest, a duty solicitor is assigned, and for subsequent stages, you can select your own lawyer or apply for subsidised assistance.
Your Right to Legal Assistance
As a suspect in a criminal case, you always have the right to a lawyer. This right is enshrined in the Dutch Constitution and the European Convention on Human Rights (ECHR).
Key Moments for Assistance
- Prior to the first police interrogation (consultation assistance)
- During interrogations at the station (interrogation support)
- Upon detention on remand or pre-trial detention
- During the hearing in court
- In case of appeal
Duty Solicitor upon Arrest
Immediately after arrest in Westland, a duty solicitor is assigned to you via the duty service.
Characteristics of a Duty Solicitor
- Automatically arranged via the duty service
- Provides free assistance in the initial phase
- Comes to the police station in the region
- You may also contact your own lawyer
Subsidised Assistance via Assignment
If you cannot afford the costs of a lawyer in Westland yourself, you can apply for an assignment for subsidised legal aid.
Income Limits and Contributions
| Income (2024) | Own Contribution |
|---|---|
| Maximum €30,000 (single) | Between €87 and €880 |
| Maximum €42,400 (cohabiting) | Between €87 and €880 |
| Higher income | No entitlement to assignment |
Selecting Your Own Lawyer
In Westland, you are free to choose which lawyer you wish to engage for your criminal case.
Advice on Choosing
- Look for an expert in criminal law
- Check experience with similar cases
- Inquire about rates
- Read reviews from others
Mandatory Legal Aid
In some criminal cases, the presence of a lawyer is mandatory.
Situations with Mandatory Assistance
- In cases of pre-trial detention or imprisonment
- For suspects under 18 years of age
- In cases involving serious criminal offences
Frequently Asked Questions about Legal Aid in Westland
When is a duty solicitor assigned?
Upon arrest in Westland, you immediately receive a duty solicitor via the duty service. This provides free assistance in the initial phase, such as during interrogation, and advises on your rights. You can also engage your own lawyer.
How does an application for subsidised legal aid work?
You can apply for an assignment from the Council for Legal Aid. Demonstrate your financial situation; for an income below €30,000 (single, 2024), you pay a contribution of €87 to €880.
May I choose my own lawyer?
Yes, in Westland you may choose your own lawyer. Preferably select a criminal law specialist and ask about costs and experiences from others.
In which cases is a lawyer mandatory?
A lawyer is mandatory in cases of pre-trial detention, for minors, and in serious offences such as violent or sexual crimes.
What are my rights during an interrogation?
During an interrogation in Westland, you have the right to remain silent and to legal assistance. You do not have to answer incriminating questions.