Immediate Trial
I defend clients in immediate trial proceedings, whether they are defendants or civil parties.
This is a procedure that allows a person to be tried immediately after their police custody, provided there is sufficient evidence suggesting they have committed an offense or a violation.
This procedure is technical and takes place under emergency conditions, so it is therefore recommended to be assisted by a lawyer experienced in this type of procedure.
Are you looking for a lawyer to defend you in an immediate trial hearing in Nice?
FAQ
The immediate trial procedure only applies to offenses punishable by at least 2 years imprisonment (and at least 6 months imprisonment in cases of flagrant offense).
Certain offenses are excluded:
- Press offenses and political offenses
- Felonies
The offenses most frequently tried in immediate trial are possession, use or trafficking of drugs, traffic violations, violence, theft, receiving stolen goods, fraud, etc.
Only adults can be tried in immediate trial.
The immediate trial hearing, in principle, takes place on the same day as the defendant's referral.
However, if the hearing cannot be held on the same day, the immediate trial is postponed within:
- 3 working days if the defendant is placed in pre-trial detention following their referral.
- 10 days to 6 months in other cases.
YES, the judge will ask you this question at the beginning of the hearing.
If you refuse to be tried on the same day, the hearing must be postponed:
- Between two and six weeks later
- Or between two and four months later if you face a sentence exceeding seven years imprisonment
It is not always wise to request to be tried later. Before making such a decision, it is strongly recommended to discuss it with a lawyer competent in immediate trial matters in Nice: contact me.
YES, your lawyer can, after analyzing your case, raise nullities. They must do so at the very beginning of the hearing.
The nullities may concern:
- The legality of your arrest
- The conditions of your police custody
- The legality of searches
- Compliance with deadlines between the end of your police custody and your presentation to be tried in immediate trial
- Etc.
There are many procedural defects. Given the urgency in which an immediate trial hearing is held, it is strongly recommended to discuss it with a lawyer competent in immediate trial matters in Nice: contact me.
As a victim of an offense, you have the right to request compensation for all of your damages.
A lawyer competent in damage assessment in Nice can assist you with these requests. They may, if appropriate, request a referral on civil interests and/or the appointment of an expert able to quantify your damages.
It is strongly advised for victims of offenses to enlist the services of a lawyer competent in immediate trial matters in Nice: contact me.
YES, however be careful, if the appeal is filed by the civil party, it can only concern 'civil interests' (the amount awarded in compensation for your damages), and not the defendant's guilt (whether they were convicted or acquitted).