Our firm handles a broad range of criminal issues and will be able to assist suspects during police interrogations, pre-trial detention, the actual trial, appeals and other special procedures. We can also help victims of crimes to file claims for compensation and get them involved in the criminal proceedings.
Possession of weapons and ammunition is considered a grave offense under Curaçao law as possesion often leads to tragedy. Drug crimes laws primarily target the use and distribution of narcotics.
Homicide is the killing of one human being by another. Although homicides are generally criminal acts, such as murder or manslaughter, some are considered lawful or self-defense.
Crimes that are violent include assault, battery, kidnapping and domestic violence amongst others. These crimes may also be aggravated when commited using a deadly weapon.
Human trafficking is the recruitment, transportation, transfer, haboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.
Theft crimes are crimes that involve the taking of property. Robbery is a more serious form that involves the use of force. Other property crimes include arson and destruction of property.
Sex crimes are offenses that arise when violence occurs during a sexual act, when there is a lack of consent or when someone is legally incapable of consent.
Crimes that are committed for financial gain are also called white collar crimes. This is particularly the case when the suspect is a professional in business or government.
Traffic misdemeanors are those less egregious traffic offenses that can often be dealt with without a lengthy criminal trial. Traffic felonies are serious crimes.
After being arrested by the police, the suspect will be questioned at the police station. The suspect can be interrogated not only after having been arrested, but also at the invitation of the police. Suspects are always entitled to advice from a lawyer prior to the interrogation. The right to be assisted by a lawyer should never be waived. The lawyer will inform the suspect of his rights and council the suspect on the criminal process.
At time the police may cordially invite the suspect for an interview because there is insufficient evidence to detain him. The police will want to collect additional evidence through the interrogation. For this reason, it Is wise to always contact a criminal defense attorney before accepting the invitation. It is important to make a proper assessment based on the concrete facts and circumstances in the case.
“Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he has a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence”.
(Powell v. Alabama, 287 U.S. 45 1932)
Several coercive measures can be used against a suspect, such as a search of his home, tapping his telephone and confiscating objects. There are also coercive measures directed against the suspect’s personal freedom. In a few cases and under strict conditions, the prosecutor can hold a suspect in pre-trial detention. This is mostly intended to keep the suspect available to the police for further questioning or to conduct further investigations without the suspect being able to disrupt the investigation.
The pre-trial detention will be reviewed several times by a magistrate. It is of the utmost importance to immediately contact a criminal defense attorney when the suspect is taken into custody. As soon as the suspect is arrested, he or a loved one must immediately ask for a specialized criminal defense attorney. In this first phase, it is of the utmost importance that the suspect is advised and assisted by a lawyer.
The course of events during a trial always follows a fixed pattern. The judge opens the hearing and will go through the suspect’s personal data. The judge also checks which other persons are present. In addition, the judge informs the suspect that he must pay close attention to what happens during the hearing and that he that he is not obliged to answer the questions. After this has happened, the public prosecutor has the floor. He will explain to the judge exactly what criminal offense the suspect is accused of.
The judge will then proceed to ask the suspect about this suspicion. The public prosecutor and the lawyer are also given the opportunity to ask questions, after which the public prosecutor gives his views on the case and his penalty request. After the public prosecutor has spoken, it is the lawyers turn to conduct the defense on behalf of the suspect. It is therefore always important that the suspect be assisted by a lawyer. Ultimately, the suspect is given the last word.
The courts can impose a confiscation order on a convicted person. A confiscation measure is the obligation to pay a sum of money to the state for the confiscation of the unlawfully obtained advantage. This can have major consequences such as the risk of having to undergo an additional three years of imprisonment.
In a number of areas these proceedings are very similar to a criminal case, but in many other respects it is also fundamentally different. The prosecutor will prepare a file containing a calculation showing how much would have been earned unlawfully. Because confiscation proceedings often involve complex calculations, the court often determines that the hearing is preceded by so-called written rounds. In these written rounds, the prosecutor and the defense are given the opportunity to take their stand and respond to each other’s point of view. After all points of view have been exchanged in writing, a hearing will take place.
An important right that victims and next of kin have in criminal proceedings is the right to file a claim for compensation. More often than not, a claim for compensation is rejected simply because the injured party has not sufficiently substantiated his claim. Our firm can assist both victims and suspects in this procedure.
Everything Legal B.V. is a private limited liability company under Curaçao law, trading as The Law Office of Adir Ayubi, Ayubi Consulting & Immigration Services and Ayubi-Haakmeester Advocaten. Everything Legal B.V. is registered in the trade register of the Curaçao Chamber of Commerce & Industry under file number 145567.
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