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compensation lawyer
lawyer compensation
claim compensation
damages wrongful imprisonment
Intangible and material damages
lawyer criminal law overijssel
lawyer criminal law enschede
criminal lawyer enschede
In Enschede and Overijssel, you can count on the knowledgeable criminal lawyers at Derbedrosian Criminal Law Attorneys. Our lawyers in Enschede specialize in criminal cases and offer professional legal assistance. If you have been wrongfully remanded in custody, you may be entitled to compensation. Seeking compensation after wrongful detention is a complex legal process that requires you to take the proper steps. In this situation, it is crucial to hire a specialized compensation lawyer. Our lawyers are here to advise and support you in applying for compensation after pretrial detention. If you are in Enschede or elsewhere in Overijssel and need legal help with compensation, contact Derbedrosian Criminal Lawyers. We will represent your case and ensure that your rights are respected.
In the Netherlands, compensation after pretrial detention is an important part of the legal system, even if someone is temporarily detained before the trial begins. This means that if you were wrongfully imprisoned before being convicted, you are entitled to compensation.
Compensation for wrongful imprisonment
We speak of "compensation after pretrial detention" when you have been temporarily in jail while not yet convicted of a crime and later it turns out that you are innocent. This entitles you to some sort of financial compensation. This is meant to compensate for any problems or expenses you may have had during that period of pretrial detention, such as losing your job, stress, or legal fees.
Material and immaterial damages
Being entitled to tangible and intangible compensation means that you can receive compensation not only for tangible costs, such as the loss of your home, travel expenses and relocation costs, but also for the emotional impact that pretrial detention has had on you.
- Material: When it comes to material costs, such as house loss, travel and moving expenses, it is important that you can properly substantiate these costs. This means that you must be able to provide evidence for these costs, such as receipts and documentation of your expenses.
- Travel expenses: travel expenses are usually reimbursed at a rate of €0.28 per kilometer for hearings. If you lost income as a result of the days you attended in custody, you may also be entitled to compensation for missed work. This is designed to ensure that you are not financially disadvantaged by the time you spent on your case.
In short, it is important to know that fees are available to cover both the tangible costs and emotional impact of pretrial detention, but it requires careful documentation and evidence to claim these fees.
Compensation calculation
In most cases, the allowance is €105.00 per day for police custody or pretrial detention and €80.00 per day in a house of detention. For restrictions or an extra secure facility, again €105.00 per day applies.
- Exceptions for higher compensation: sometimes you are eligible for more compensation, such as in cases of serious suspicion, media attention, persistent stigma or lengthy jail time.
- Petition for damages: in the event of wrongful detention, contact our attorneys immediately. They will prepare a petition for compensation and can reimburse costs if the case is handled on an hourly basis. Costs for the petition will also be reimbursed.
Higher compensation
When determining compensation, all relevant facts and circumstances are considered. If you have lost income as a business owner, this can also be claimed. It is important to properly substantiate all of your compensation costs with written evidence.
There are court decisions describing specific situations where higher compensation has been successful. Here are some examples:
- Suspicion of crime: When there is a serious suspicion regarding a crime.
- Media attention: if the case has received significant media attention at the national or international level.
- Mental health care: if detention of the defendant leads to the need for mental health care.
- Stigmatization of the accused as "the perpetrator." if the defendant is constantly stigmatized as guilty, this can affect compensation by negatively affecting his or her status.
- Sentenced to extremely long prison term: when an initial conviction for the defendant involves an extremely long prison sentence.
Compensation lawyer
If you received legal assistance based on an hourly rate, you are entitled to reimbursement for the attorney fees paid. However, the hours spent must be reasonable and the hourly rate used must be acceptable. Invoices must be submitted as evidence to support your claim.
The lawyers at the Derbedrosian Law Firm offer professional legal assistance and can help you make a strong "compensation after pretrial detention complaint. When you feel free to contact us, we will connect you directly with an experienced attorney who can assist and advise you during the criminal process.