Specialized criminal law attorney in the area of damocles article b opium law closure
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Video: The lawyer tells: closures section 13b Opium Act
When will you face closure of a drug premises via Section 13b Opium Act?
If hard or soft drugs are found in your home, garage, business premises or any other area, chances are you will face criminal charges. Unfortunately, you will often face more than just the police and judiciary. In addition to the criminal consequences that your drug case may have, the municipality can take action against the discovery of drugs on your premises. Often there is little you can do about this and a closure is difficult to avoid. Nevertheless, our office has had success in these types of cases.
Where does the mayor get his authority?
Pursuant to Section 13b of the Opium Act, the mayor of your municipality is authorized to impose an order for administrative coercion when a trade quantity of drugs is found. This order under administrative coercion means that the mayor may close your home or premises.
When may the mayor may apply his power?
The police may come to your premises on the basis of a report, through their own investigation or a complaint from other people. If a trade quantity of hard or soft drugs is found on your premises, the mayor basically has the authority to close your premises. It is not required that drugs have been traded in or from your premises. Whether you knew about the presence of the drugs, actually lived in the premises and/or the drugs were yours is irrelevant. Even if you are a landlord of a premises and the tenants have since moved out, you may face a closure of your premises. Section 13b of the Opium Act also applies to hemp nurseries.
What qualifies as a trafficking quantity of drugs?
If you have more than 5 grams of soft drugs, 5 hemp plants and more than 0.5 grams of hard drugs, the mayor may assume that it is for trade. In principle, it is then assumed that this was intended for trade, unless you can prove that it was for personal use.
How long may your premises or property be closed?
The closure can range from 1 month to indefinite. Each municipality is authorized to adopt its own policy. However, these policies must meet the requirements of the law.
In many municipalities, the basic principle is that when soft drugs are found for the first time, a warning is issued. However, there are also municipalities that immediately proceed to a three-month closure when soft drugs are found for the first time. If several times soft drugs found in your premises, the closure period could be as long as 6 or even 12 months.
Often, when a quantity of hard drugs is first detected, the property is immediately closed for a period of 6 or 12 months. If hard drugs have been found on your premises before, your premises may be closed indefinitely.
If the mayor believes there is a "serious case," the duration of closure may deviate from the policy.
What happens when a drug property is closed?
This varies by municipality. Most municipalities will come and change the locks on your property and seal the entrance door. Your property will be visibly locked, either through a placard or a sign in your front yard. You may not enter your property during the closing period. If you do, you are guilty of a criminal offense.
What should you do if you have received an intention to close your premises or property?
The mayor may not simply close your home. In most cases, you will first be given the opportunity to submit a view. Therefore, you will often first receive an intention to close from the municipality. Only after the mayor has given you the opportunity to respond to the intention in writing or orally will the final decision be made. It is important that you respond to the mayor's intention in a timely manner. Therefore, please contact a criminal lawyer once you have received the intention to close.
What can you do against a decision to close your premises or property?
The law allows you to file a notice of objection against a decision to close under Section 13b of the Opium Act. This is because the mayor must always weigh interests when making his decision. If the mayor has not done this balancing properly, it is possible that the closure of your premises is unjustified. If you are considering doing something against the decision of the municipality, it is important that your interests are put forward properly.
Does filing an objection stop the closing of your property or home?
No. If you only file an appeal against the decision, the municipality can still close your premises. In order to stop the short-term closure of your premises, a second procedure must be initiated. In addition to filing the notice of objection, a request for injunctive relief (VoVo) must be filed with the court.
A preliminary injunction is a quick interim decision by a judge that involves a preliminary ruling. The judge may also make a final decision immediately in some cases. If a request for a preliminary injunction is filed with the court on time, in most cases the municipality will wait to close.
Why is it wise to hire a lawyer in these proceedings?
Sjanneke de Crom specializes in Section 13b Opium Act cases. She regularly achieves successes in these types of proceedings. For example, she has successfully litigated in several cases up to the highest court, the Administrative Law Division of the Council of State. Read the Division's ruling of July 27, 2016 here and the May 22, 2019 ruling here. Under circumstances, she can assist you in the proceedings on the basis of funded legal aid.
Have you received a letter from your municipality under Section 13b of the Opium Act? If so, please immediately contact our specialist, because immediate action is often required to counteract closure.
Are you looking for a criminal lawyer specializing in Closure of drug premises art. 13b Opium Act?
Then contact us immediately for legal assistance in Closure of drug premises art. 13b Opium Act.
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