Narcotics such as cannabis

Did you have a pot farm, which the police discovered or are you a suspect in another drug-related criminal case? Berte Advocaten can help you out! With knowledge, decisive and with an eye for detail, we assist you with the sole purpose of looking after your interests as well as possible.

If the police find a pot farm at your home or at your company, most of the time the police would like to interrogate you. In some cases you will receive an invitation for the interrogation. In other cases the police will arrest you on the spot and take you to the police station for questioning. As a suspect, you have the right to consult an attorney before the interrogation. Berte Advocaten advises you to always invoke this right as it may influence the final outcome of your criminal case. If you give the name of one of our attorneys to the police officer, one of our attorneys will visit you as quickly as possible at the police station and together with you we will determine the best strategy for your situation.

Tip: You are not obliged to let the police in. If the police wants to enter your home and you do not give them permission to do so, strict legal rules apply. If the police do not comply with these regulations, the legally obtained evidence may not be admissible in court. In other words, even if the police discover a pot farm, it is still possible that you will be acquitted if the evidence has been obtained illegally. Therefore, never give permission to enter your home if you have a pot farm in your home.

Tip: You are not obliged to cooperate with the police investigation if you are suspected of an offence. You have the right to remain silent. Any answer you give to the police during the home visit may be included in an official report. An official report is an extraordinary strong form of evidence under criminal law and may, in some cases, be helpful for a conviction. Therefore, never answer the questions the police asks you and do not tell the police anything on your own initiative. Talk to your attorney first!

Confiscation order

In cannabis cases most of the time also an confiscation order is imposed on you (Article 36e of the Dutch Criminal Code). This simply means that the prosecutor wants to take the money you have earned with the pot farm. During the interrogation, a number of questions will be asked to figure out how much you earned as a result of the pot farm. The questions will, inter alia, be about the amount of harvests and the costs. In some situations it is wise to answer these questions.

If you have any questions, please feel free to contact one of our criminal law specialists for personal and non-binding advice. If you would like to be called back by our office or you would like to register your case, please use the form "register your case" or press the call me back button.