Police custody / free hearing
I defend clients held in custody or summoned to a free hearing.
A police custody or a free-hearing is the first stage of involvement of a person in a criminal investigation.
I intend to play an active role, by preparing my clients in advance, and then by raising all the necessary questions and observations.
I draft procedural observations whenever I consider that my clients' rights have not been respected.
Are you looking for an English-speaking lawyer to assist you in custody or during a free hearing in Nice?
FAQ
A police custody is a measure taken during an investigation against a person suspected of having committed an offence.
The initial duration of a police custody is 24 hours.
If necessary, this period can be extended by 24 hours (i.e. 48 hours in total).
Other extensions are possible in very specific cases. Custody can last up to 144 hours (i.e. a total of 5 days) in cases of terrorism cases or when the offence has been committed by an organized group of people.
First of all, you have the right to be assisted by a lawyer, and it is strongly recommended that you hire one: contact me.
You can talk to your lawyer for 30 minutes every 24 hours.
You can also :
- Contact a relative, your employer or, more generally, any person you trust (friend, colleague, etc.)
- Be examined by a doctor, who will determine whether your condition is compatible with police custody
- Be assisted by a translator
- Access your custody record and medical certificates
- Remain silent, answer questions asked by the police or make spontaneous statements
YES. Anyone held in police custody in France has the right to be assisted by the lawyer of their choice, or a lawyer appointed by the local bar representant.
You can make this request at any time, and even if you were not assisted by a lawyer during the first 24 hours of your custody.
YES. You have the right to ask the police to contact a relative, your employer or, more generally, any person you trust (friend, colleague, etc.).
At the end of police custody, the public prosecutor decides whether you should be released or brought before criminal court. The public prosecutor can also seize an investigation judge.
Depending on the outcome of your police custody, you may claim a procedural defect and request that your custody be declared null and void, in whole or in part.
A lawyer in Nice with experience in custody can help you: contact me.
You can request that your custody be declared null and void, in whole or in part.
A lawyer with experience in criminal law can help you: contact me.
Police custody does not appear on criminal records in France, only criminal sentences.