What should you do during a police interrogation?
Have you been summoned for a police interview as a suspect? This often comes as a surprise and can be quite stressful. It is precisely at a time like this that it is important to know your rights and how to act wisely. What you say and what you choose not to say can have far-reaching consequences for the rest of your case.
Below are our eight top tips. We will then go into more detail about certain aspects of a police interrogation.
Tips & Tricks for a Police Interview
Keep the following eight tips in mind during an interrogation:
Contact a lawyer before the interrogation at
. That way, you can discuss whether it is better to invoke your right to remain silent or to make a statement.Consider remaining silent
The right to remain silent is enshrined in law. Remaining silent is therefore unlikely to be used against you. So do not feel obligated to speak or cooperate blindly. It is often advisable to remain silent at the beginning of the process. At that point, you do not yet know what evidence the police have already gathered. The police will question you from a much stronger position of information. Later in the proceedings, we can request the case file on your behalf. From that point on, you will no longer face any surprises and will often be better able to assess whether it makes sense to make a statement and, if so, about what.Answer only the questions asked; do not make assumptions, and keep your answers brief
Keep in mind that statements can always be supplemented, but never retracted. If it turns out that you did not provide entirely accurate information on certain points during the initial interview, this could undermine your credibility.Avoid making excuses that could be refuted later
Be aware that the investigation is not yet complete after the interview. Statements are often verified—for example, using surveillance footage or witness statements. If it turns out that parts of your statement are inaccurate or false, this could undermine your credibility.If necessary, ask for a break in the questioning
If you lawyer consult with your lawyer during the interrogation, you may request a break at any time. In principle, the police must grant this request.
The lawyer answer any questions during the interrogation
In principle, the lawyer not answer questions during the interrogation. However, he or she may monitor the legality of the interrogation and make comments after it is over.
Do not speak to the police “outside of the interrogation”
Even after the official interrogation is over, police officers may prepare a written report based on what you tell them. This could be used against you later in the criminal case, so be aware of that.
Please read through your statement before signing it
Please take your time to read through the statement and have it amended if any parts are not worded correctly. Your lawyer assist you with this.
What is a police interrogation as a suspect?
If the police summon you for questioning as a suspect, it means there is concrete evidence against you. The police want to hear your statement regarding a criminal offense in which they suspect you are involved.
An interrogation is not a casual conversation. Everything you say is recorded in an official report and may later be used by the prosecutor or the judge. The interrogation is therefore often a key part of the criminal case file.
There are two options that precede an interrogation:
Arrest: You will be arrested by the police and taken to the station.
Written invitation: You will receive a letter in the mail specifying the date and time you are required to appear.
In both cases, the same fundamental rights apply, but the consequences and the legal assistance available may differ.
Your rights during a police interrogation
Before the interrogation begins, the police are required to inform you of your rights. The most important ones are:
The right to remain silent: As a suspect, you are not required to answer questions from the police. This is known as the right to remain silent. The police must also inform you of your right to remain silent. This is called a caution. You may decide not to make a statement at any time. Only in exceptional cases can your silence be used against you.
The right to lawyer assistance: You have the right to lawyer assistance both before the interrogation (pre-interrogation assistance) and during the interrogation (interrogation assistance). This applies regardless of the seriousness of the offense of which you are suspected.
Legal consultation generally consists of a confidential discussion with a lawyer. This so-called right to consultation allows you to understand your legal position and discuss the most prudent course of action in your situation.
Legal assistance lawyer questioning means that the lawyer is present during the questioning itself. However, he or she is not allowed to answer questions on your behalf. However, the lawyer can, lawyer other things, ensure that the police do not exert too much pressure on you; you may request a break during the interrogation to lawyer with the lawyer ; the lawyer may also request a break; the lawyer ask clarifying questions; and the lawyer review the official report with you afterward and request corrections if necessary..
The right to an interpreter: If your command of the Dutch language is insufficient, you are entitled to the assistance of an interpreter.
How can I best prepare for an interview?
Good preparation can make all the difference. Here are some practical steps you can take:
Always contact a lawyer first
Don’t just “quickly” go to an interrogation on your own. First, consult with a lawyer has experience with criminal cases. A criminal defense attorney can explain exactly what to expect.
Discuss the situation in advance
Be open with your lawyer. Only then can he or she give you sound advice on:
whether or not you should make a statement;
what risks there are;
whether it is wise to gather exculpatory evidence in advance;
how certain answers can be interpreted.
Why lawyer a lawyer to the interrogation?
Having a criminal defense attorney present during your interrogation offers you the following:
Preparation Your lawyer with you in advance what to expect: what questions are likely to be asked, what the potential legal consequences of your statement might be, and what the wisest course of action is in your situation. Sometimes that means making a statement, and sometimes it means remaining silent—and that distinction isn’t always intuitive.
Presence and Oversight During the interrogation, your lawyer will lawyer that procedural rules are followed. This includes the reading of your rights, the accurate recording of your statement in the official report, and compliance with the prohibition against coercion. Your lawyer ask questions to prevent misunderstandings or misinterpretations.
Procedural Insight A police interview is never an isolated event. Your lawyer how your statement fits into the broader criminal investigation and can intervene in a timely manner when it is in your best interest.
How much does a lawyer cost lawyer a police interview?
It depends on your situation.
Have you been arrested? If so, you are always entitled to state-funded legal aid if you are suspected of an offense for which pretrial detention is permitted. If the offense is relatively minor (and pretrial detention is not permitted), you are only entitled to state-funded legal aid if you are a vulnerable suspect or a juvenile. You may choose to use a duty attorney or your own preferred attorney. In that case, the costs are borne by the State.
If you were not arrested but were summoned in writing, legal aid is not automatically provided. In that case, you can lawyer a lawyer at your own expense. Depending on your income and the type of case, you may be eligible for subsidized legal aid (known as “toevoeging”). You can also discuss this with your lawyer.
We always recommend that you seek legal assistance as soon as possible. The sooner a lawyer becomes involved lawyer your case, the more they can do for you.
What if you don't show up for the interview?
A written summons to be questioned as a suspect is not a non-binding invitation. If you fail to appear, the police (in consultation with the Public Prosecutor’s Office) may decide to arrest you or to issue a summons immediately.
Van Meekren Law Firm: Expert Assistance During Interrogation
At Van Meekren Advocatuur, we represent defendants at every stage of the criminal proceedings—from the initial police interview through to the trial. We have extensive experience in providing legal assistance during police interviews in a wide range of criminal cases, including fraud, crimes of violence, money laundering, and other offenses.
Have you received a summons for a police interview, or have you been arrested and want to know your rights? Feel free to contact us. We are available for urgent legal advice.
Kyarah Janszen and Bram Horenblas