Tips by Berte Advocaten:
Plead the Fifth! As a suspect, you are not obliged to cooperate in the police investigation. You therefore have the right to remain silent. It is up to the public prosecutor to prove your guilt. According to our current system you do not have to prove your innocence. The criminal law specialists at Berte Advocaten strongly advise you to plead the Fifth, at least until you have spoken to an attorney. Your attorney will decide, after hearing you out, what the best strategy for your criminal case will be.
Do not give the police permission to enter your home or search your belongings until you have consulted an attorney and only after the police did show their authorisation and identification. The police must abide by certain legal rules if they want to carry out these searches and if they do not do so the evidence collected during these searches is not always admissible at court. This means simply that the obtained evidence may not be used to prove your guilt. Granting or not granting consent can therefore mean the difference between a conviction and an acquittal.
Always ask for consultation with a attorney and ask for an attorney present during the interrogation if you have been arrested! It is important to know that the police officers do not decide when you will be released and if they make any promises with regard to your release you should not believe them. Thus, do not believe promises like: I would not exercise the right to have an attorney present during the interrogation because this will only slow down the whole procedure and if you just give a statement right now, you will be out in no time. Several defense attorneys work at Berte Advocaten and we will visit you at the police station as soon as possible after we have received a notification that someone needs our assistance.
Do not waive your property rights without consulting your attorney first.
If your belongings are confiscated and you want them back, it is important to take action to speed up the procedure and more importantly to lessen the chances that your goods get lost. Berte Advocaten can help you with this. First by sending a request to the public prosecutor in charge. If that does not have the desired effect a so-called klaagschrift can be filed by our attorneys on your behalf.