In criminal cases in Leiden, you are entitled to legal assistance by a lawyer. Upon arrest, a duty solicitor is assigned, and for the subsequent proceedings, you can choose your own lawyer or apply for a legal aid certificate.
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
- Prior to the first interrogation (consultation)
- During police interrogations (interrogation assistance)
- Upon detention on remand or pre-trial detention
- During the hearing in court
- In case of appeal
What is a Duty Solicitor?
Upon arrest in Leiden, a duty solicitor is automatically assigned to you via the duty service.
Characteristics of a Duty Solicitor
- Assigned immediately upon arrest
- Provides free initial assistance
- Comes to the police station in Leiden
- You may also engage your own lawyer
Financial Assistance for Legal Aid
If you cannot afford the costs of a lawyer, in Leiden you can submit a request for subsidised legal aid (legal aid certificate).
Income Limits and Own Contribution
| Income (2024) | Own contribution |
|---|---|
| Maximum €30,000 (single) | €87 - €880 |
| Maximum €42,400 (cohabiting) | €87 - €880 |
| Higher income | No entitlement to legal aid certificate |
Choosing Your Own Lawyer in Leiden
You are free to engage a lawyer of your own choice in Leiden.
Tips for Choosing
- Look for an expert in criminal law
- Check experience with similar cases
- Ask about the rates
- Read reviews from others
When is a Lawyer Mandatory?
In some criminal cases, having a lawyer is mandatory.
Situations with Mandatory Assistance
- In cases of pre-trial detention or imprisonment
- For suspects under 18 years of age
- In cases involving serious crimes
Frequently Asked Questions about Legal Aid in Leiden
When do I receive a duty solicitor and what is their role?
A duty solicitor is assigned immediately upon arrest in Leiden. They provide free assistance in the initial phase, such as during the interrogation at the police station, and advise on your rights, including the right to remain silent. You can also engage your own lawyer.
How can I apply for subsidised legal aid?
You apply for this through the Council for Legal Aid. Provide proof of your income and assets. For an income below €30,000 (single, 2024), you pay an own contribution between €87 and €880.
May I choose my own lawyer?
Yes, you can select your own lawyer in Leiden. Preferably choose a criminal law specialist and inquire about costs and experiences of others.
In which cases is a lawyer mandatory?
A lawyer is mandatory in cases of pre-trial detention, for minors, and in serious offences such as violent or sexual crimes.
What are my rights during an interrogation?
During an interrogation in Leiden, you have the right to remain silent and to legal assistance. You are not obliged to answer incriminating questions.
Contact and Locations in Leiden
For legal assistance, you can go to the Juridisch Loket Leiden at Stationsweg 46. For criminal cases, you are often referred to the District Court of The Hague, Leiden location.