What is the best advice you can give to someone who has been arrested and will be answered?

I am not so familiar with the legislation in the Netherlands, but in Belgium, you are entitled to a lawyer before and during the hearing for each interrogation, and in questioning who can give rise to a custodial sentence, this right is guaranteed (Salduzwet).This is even compulsory for minors.

The best advice is simple: Don’t say anything before you have spoken to your lawyer, and be assisted by your lawyer during the hearing, even if you are innocent.


In Jipenjanneke:

In the interrogation, you generally have the choice of three: simply (your version of) telling the truth, lying or relying on your right of silence.

The truth is obviously very useful if you are innocent, that innocence can be substantiated and what you are confronted with, shouts for an explanation.In cases you are also free quicker.

Lying is not forbidden but taking a walk with the truth, I will not advise anyone.It is difficult for most people to keep a fabricated story and the people who are questioning are professionals who often know more about the facts than you. Also remember that detectives do not need to provide any information to you.

Relying on your right of silence is interesting if you think you are bringing yourself into trouble with the truth, if you do not yet know what is evidence against you, and if you know that you still have to keep the claim (or even longer).Exception: If declaring can be beneficial for the heaviness of a punishment.

In the Netherlands, you can take up to 18 hours and 3x 24 hours for arrest.In or following that phase, the public prosecutor may, in specific cases, continue to claim custody (remaining 14 days to sleep). This claim is assessed by a judge (Commissioner) and it is important that something of the dossier is presented to him. The defence gets that dossier too and that moment is for the first time that it is objectively confronted with something of evidence.

People who repeat for a 4-year fact (a criminal offence with 4 years of cell as a maximum) within 5 years come by the bank will soon qualify for a guidance (to the judge-Commissioner).

So if you have been arrested for the umpteenth time, it is sometimes clever for another reason to rely on your right of silence: You do not know what police have against you, but you know about 3 days or so.And you should still probably stay, whether you’re talking or not.

Short and good: My advice is talking if you are innocent and there are enough clues to underpin that innocence.In All other cases: shut right and unless facts shout for an explanation and you really really truly really can’t give a statement for it (whose truth does not interest me). In cases where there is no saving to and client guilty: Just confess to make a punishment as beautiful as possible. I often recommend this to minors. Ethical as well.

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