Duty Solicitor Rijswijk: Emergency Assistance Upon Arrest
A duty solicitor in Rijswijk provides urgent legal support in criminal cases, immediately after detention by local police. This 24/7 service is coordinated through the duty rosters of the Den Haag Bar Association, specifically for the district of the Rechtbank Rijswijk. For Rijswijk residents, this is essential, particularly if you lack a regular lawyer and suddenly come into contact with the justice system.
Why is the duty service in Rijswijk crucial?
The duty service ensures that every Rijswijk resident detained by Haaglanden Police or brought before the authorities receives immediate legal assistance. If arrested in neighborhoods like Innen or Oud-Rijswijk, you are vulnerable: interrogation, detention, or appearance before the examining magistrate looms. Without help, you might make statements that undermine your defense. The Bar Association organizes this via a rotating roster for the Rechtbank Rijswijk.
Legal basis for the duty solicitor
The duty solicitor is enshrined in Dutch criminal law and legal aid legislation. Key laws for Rijswijk residents:
- Article 40 of the Code of Criminal Procedure (Sv): Right to a lawyer before and during police interrogation. The duty solicitor steps in if no personal counsel is available.
- Legal Aid Act (Wrb), articles 12 and 13: Free subsidized assistance (pro bono) for low-income individuals, including duty service in Rijswijk.
- Advocates Act, article 44: Bar Association manages the duty service for the Rechtbank Rijswijk.
- Article 6 ECHR: European right to immediate assistance for a fair trial.
This way, you're never alone, even at night in Rijswijk.
How does duty assistance work in Rijswijk?
Arrested in the middle of the night for shoplifting in Rijswijk city center? Haaglanden Police contacts the duty center of the Rechtbank Rijswijk. The solicitor arrives quickly. Step-by-step process:
- Arrest: Immediately demand a lawyer – police must comply.
- Call duty solicitor: Via police or authorities to the central desk.
- Consultation: Private and confidential meeting (up to 1 hour).
- Interrogation: Solicitor present, advises on right to silence.
- Examining magistrate: Assistance during detention hearing if held.
Example 1: Rijswijk resident Jansen is arrested for domestic violence on Sir Winston Churchillaan. Duty solicitor arrives at 02:00, hears details, and advises silence until evidence is presented. Jansen is released the same day.
Example 2: During a check on Godfried Bomanslaan, a young person tests positive for drugs. The duty solicitor requests blood tests and successfully argues for release; case dismissed.
Comparison: duty solicitor vs. personal lawyer
| Aspect | Duty Solicitor | Personal Lawyer |
|---|---|---|
| Availability | 24/7, on-site | Office hours or by appointment |
| Cost | Free (pro bono) | Self-funded or subsidized |
| Relationship | Emergency, one-off | Ongoing, personal |
| Scope | Initial phase | Full proceedings |
Rights and obligations in Rijswijk duty service
Your rights:
- Access within one hour via Rechtbank Rijswijk.
- Full confidentiality.
- No costs, pro bono.
- Referral to a regular lawyer.
Solicitor's duties:
- Independent advice.
- Prioritizes your interests, no judgment on guilt.
- Logbook registration.
Be honest; dishonesty doesn't help. Contact Het Juridisch Loket Rijswijk for follow-up advice.
Frequently Asked Questions
Right to duty solicitor in Rijswijk?
Yes, for arrests and urgent criminal matters; not always for fines. Always request assistance.
Cost of duty solicitor?
Free for low-income; check own contribution with Legal Aid Board or Het Juridisch Loket Rijswijk.
Personal lawyer instead of duty?
Possible if immediately available; otherwise duty until handover.
Duty solicitor late?
Complain to Bar Association dean; no interrogation without assistance.
Tips for Rijswijk residents
- Remain silent until lawyer arrives (art. 40 Sv).
- Call duty via politie.nl or Gemeente Rijswijk helplines.
- Choose a regular lawyer after duty; start at Het Juridisch Loket Rijswijk.
- Save duty contacts.
- Prepare: Note facts and witnesses immediately.