If you are involved in a criminal case in Utrecht, you are entitled to legal assistance from a lawyer. Upon arrest, a duty solicitor is assigned, and for later stages, you can choose your own lawyer or apply for subsidised assistance.
Your Right to Legal Assistance
As a suspect, you always have the right to a lawyer. This right is enshrined in both the Dutch Constitution and the European Convention on Human Rights (ECHR).
Key Moments for Assistance
- Before the first police interrogation (consultation)
- During the interrogation (presence of lawyer)
- Upon detention on remand or pre-trial detention
- During the hearing in court
- In case of appeal
What is a Duty Solicitor?
Immediately after arrest in Utrecht, you are assigned a duty solicitor via the duty service.
Characteristics of a Duty Solicitor
- Automatically arranged via the duty service
- First assistance is free of charge
- Comes to the police station in Utrecht
- You may also engage your own lawyer
Subsidised Assistance in Utrecht
If you cannot afford the costs of a lawyer, you can apply for a legal aid certificate for subsidised legal aid in Utrecht.
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 legal aid certificate |
Selecting Your Own Lawyer
In Utrecht, 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
- Ask for a cost estimate
- Read reviews from previous clients
Mandatory Legal Aid
In certain situations, a lawyer is mandatory during a criminal procedure in Utrecht.
Situations with Mandatory Assistance
- In case of pre-trial detention or imprisonment
- For suspects under 18 years of age
- In serious criminal cases such as violent offences
Contact and Locations in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Cases are handled at the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1.
Frequently Asked Questions about Legal Aid in Utrecht
When is a duty solicitor assigned?
Upon arrest in Utrecht, you immediately receive a duty solicitor via the duty service. This provides free assistance during the first phase, such as interrogations, and advises on your rights. You can also engage your own lawyer.
How does an application for subsidised assistance work?
You can apply for a legal aid certificate via the Raad voor Rechtsbijstand. Prove your financial situation; with an income below €30,000 (single), you pay a contribution between €87 and €880.
May I choose my own lawyer?
Yes, in Utrecht you may choose your own lawyer. Preferably select a criminal law specialist and ask about costs and experience. With a legal aid certificate, you can specify your choice.
When is a lawyer mandatory?
A lawyer is mandatory in cases of pre-trial detention, for minors, and in serious offences. Without a lawyer, the case may sometimes not proceed.
What are my rights during an interrogation?
During an interrogation in Utrecht, you may remain silent and are entitled to a lawyer. You do not have to give incriminating answers.