Firm
Costs
You want to know what to expect in advance. This page explains how legal fees in detention cases are arranged and when publicly funded legal aid is available.
The first consultation is free
You can call us to explain your situation. During that conversation, we give an initial assessment and discuss whether taking legal action would be worthwhile. There is no charge for this. Only when we take on your case do we agree on the costs — always in advance and in writing.
Publicly funded legal aid (toevoeging)
Publicly funded legal aid is available in many detention cases. This means that the Legal Aid Board (Raad voor Rechtsbijstand) pays most of your lawyer’s fees. You only pay a personal contribution (eigen bijdrage). Whether you qualify depends on your income and assets and the nature of the case. We apply for legal aid (toevoeging) on your behalf, and the Legal Aid Board (Raad voor Rechtsbijstand) makes the decision.
The amount of the personal contribution (eigen bijdrage) is set each year by the Legal Aid Board (Raad voor Rechtsbijstand). You can find the current amounts at rechtsbijstand.nl. In certain cases, your personal contribution may be lower, for example after a referral from the Legal Services Counter (Juridisch Loket).
Please note
Not every case qualifies for legal aid (toevoeging). Applications may be refused in cases involving only a minor interest. We discuss this with you beforehand so that you do not face any surprises.
Privately funded cases
If you do not qualify for publicly funded legal aid, we charge an hourly rate or, where possible, a fixed fee per procedure. The hourly rate is € 250, excluding VAT and office expenses. For common procedures, we can agree on a fixed fee; fixed fees per procedure are available on request.
Other things to bear in mind
- No court filing fee (griffierecht) is payable for the complaint (beklag) or appeal procedure itself.
- Travel time and travel expenses may be charged in privately funded cases.
- If your complaint is upheld, you may be awarded compensation (tegemoetkoming); this does not cover your lawyer’s fees in full.
Frequently asked questions
Can I get legal aid (toevoeging) while I am detained?
Yes, this is possible. The Legal Aid Board (Raad voor Rechtsbijstand) looks at your income and assets from two years ago, known as the reference year (peiljaar). If your income has fallen significantly since then, you can request a change of reference year (peiljaarverlegging).
Do I have to pay the personal contribution (eigen bijdrage) straight away?
You will receive an invoice for this. Payment arrangements can be agreed in consultation with us.
What if my family wants to pay the costs?
That is possible, provided it is clearly recorded in advance. You remain the client, and instructions and communication still go through you.
Please note
This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.
Questions about your situation?
Call for a free initial assessment or leave your contact details. A lawyer specialising in detention law will call you back as soon as possible.