Police custody

Response within 1 hour across the Paris region: +33 1 87 66 00 48

If a relative has just been taken into police custody, every minute matters. Custody is not a simple administrative formality: it is a decisive moment where your rights, your freedom, and the outcome of the entire criminal procedure that may follow are at stake.

Mr. Charles Bruguière, criminal defense attorney at the Paris Bar, intervenes immediately in custody cases, 24 hours a day, 7 days a week, in every police station of the Paris region. His expertise in criminal law and his thorough knowledge of emergency procedures guarantee a technical and combative defense from the very first hours of your detention.

Whether you are prosecuted for theft, violence, drug trafficking, or any other offense, the assistance of an experienced criminal lawyer from the start of custody is your best protection against procedural irregularities, police pressure, and errors that could lead to your conviction before the court.

This page explains the procedure. If someone is in custody right now and you need a lawyer to intervene, see the dedicated page police custody lawyer in Paris: what to do in the first hour, how a family member appoints the lawyer, and the time limits in force.

What is police custody?

Police custody is a deprivation of liberty ordered by a judicial police officer when there is one or more plausible reason to suspect that a person has committed or attempted to commit a crime or an offense punishable by imprisonment.

This measure allows investigators to keep the person available to the police for questioning, gathering evidence, and preventing them from fleeing, destroying evidence, or pressuring witnesses. Police custody is strictly regulated by the Code of Criminal Procedure.

Duration of police custody

The initial duration is 24 hours. It may be extended by an additional 24 hours upon authorization of the public prosecutor, for a maximum of 48 hours under ordinary law.

For certain specific offenses, the duration may be extended:

• Organized crime: up to 96 hours (4 days)
• Organized drug trafficking: up to 96 hours
• Terrorism: up to 144 hours (6 days)

Mr. Bruguière strictly monitors compliance with these statutory deadlines and immediately challenges any abusive or irregular extension. To understand the overall context of a criminal case, see our page on general criminal law. Drug cases are where these extended time limits are most often used: the penalties and the defence at each stage are set out on the dedicated page drug offences lawyer in Paris.

Your rights during police custody

Custody does not cancel your fundamental rights. You benefit from precise legal guarantees that your lawyer must enforce.

Right to assistance by a lawyer

From the moment custody begins, you have the right to request the assistance of a lawyer. This right can be exercised immediately and unconditionally. The lawyer intervenes:

• From the first hour of custody
• In a confidential meeting before the first interview (capped at 30 minutes, renewed if custody is extended)
• During every interview to assist and advise
• In case of extension of the custody
• During confrontations with witnesses or co-defendants

Since the law of 22 April 2024, applicable to custody measures since 1 July 2024, you can no longer be questioned on the facts without your lawyer present if you have asked for one, save your express waiver. That presence can only be deferred by a written, reasoned decision: up to 12 hours by the prosecutor, up to 24 hours by the liberty and custody judge where the offence is punishable by at least five years of imprisonment (article 63-4-2 of the Code of Criminal Procedure).

Right to notify a relative

You have the right to have a family member or any person you live with notified by phone. The investigators must do so within 3 hours of your request, save insurmountable circumstances; only the prosecutor can defer that notification, by a reasoned decision based on the needs of the investigation (article 63-2 of the Code of Criminal Procedure).

Right to a medical examination

You may request to be examined by a doctor at any time during custody. In case of a medical issue, the doctor's opinion may lead to interruption or suspension of the measure.

Right to remain silent

You are not obliged to answer police questions. The right to silence is a fundamental right protected by the European Convention on Human Rights. Exercising it must be strategic: your lawyer advises you based on your case.

The lawyer's role during police custody

The lawyer does not merely attend interviews passively. Their role is active, technical, and strategic.

Confidential meeting before the first interview

As soon as he arrives at the police station, Mr. Bruguière meets with you confidentially, in a meeting the law caps at 30 minutes and renews at each extension of custody (article 63-4 of the Code of Criminal Procedure). This meeting allows him to:

• Understand the circumstances of your arrest
• Analyze the charges held against you
• Review the notification report of your rights
• Explain the alleged facts and their legal classification
• Advise you on the strategy to adopt (answer, stay silent, acknowledge some facts)

This meeting is protected by professional secrecy. Nothing you say to your lawyer can be disclosed to the police or the prosecutor.

Assistance during interviews

Mr. Bruguière attends all your interviews and makes sure that:

• The questions asked stay within the legal scope of the investigation
• No psychological pressure or intimidation is exerted
• Your statements are accurately transcribed in the report
• Necessary breaks and rest periods are respected
• Adversarial principles are preserved (right to consult essential documents)

At the end of each interview, the lawyer may submit written observations recorded in the official report.

Detecting procedural irregularities

Mr. Bruguière verifies the legality of every act of the custody:

• Legality of the arrest (flagrant offense, preliminary investigation, rogatory commission?)
• Compliance with deadlines (start of custody, extension, notification to the lawyer)
• Complete notification of your rights (lawyer, silence, medical examination, relative)
• Legality of searches and seizures
• Actual presence of the lawyer at every interview (article 63-4-2)

Any irregularity detected may lead to annulment of the custody and of all subsequent acts, including confessions.

Access to the case file

The lawyer has access to the rights notification report, the medical certificate if any, and the interview reports from the first interview onwards. This access allows the defense strategy to be adapted in real time.

How can a lawyer be appointed for a relative in custody?

For minors

The appointment of a lawyer can be made directly by the legal representatives (parents, guardians) at the police station, or through the lawyer themselves. The presence of a lawyer is mandatory for minors placed in custody.

Mr. Bruguière immediately contacts the police services to notify his appointment and arrange a confidential meeting with the minor as soon as possible.

For adults

Family members may appoint a lawyer at the police station, but this appointment must then be confirmed by the person in custody when it is presented to them by the judicial police officer.

Mr. Bruguière intervenes with the police as quickly as possible so that this appointment is presented to your relative and confirmed by them.

Appointment procedure

Contact the firm immediately at +33 1 87 66 00 48 (24/7). Provide:

• The full name of the person in custody
• The police station or service where they are held
• The alleged facts (if you know them)
• Your family link or relationship with the person

The firm immediately transmits the appointment to the police station and Mr. Bruguière travels within the hour to meet your relative. If the situation evolves toward an immediate appearance or a CRPC, preparation begins right from the custody phase.

End of custody: what happens next?

At the end of custody, several outcomes are possible depending on the seriousness of the facts.

Release without charge

If the evidence is insufficient, you are released without immediate consequence. However, the prosecutor may later decide to prosecute or to drop the case.

Court summons

The prosecutor may release you while summoning you before the correctional court at a later date through a formal citation.

Immediate appearance

For offenses punishable by at least 2 years of imprisonment, the prosecutor may refer you for an immediate appearance to be tried the same day or, if the case is adjourned, within 4 to 10 weeks (Article 397-1 of the Code of Criminal Procedure).

CRPC (guilty plea)

The prosecutor may offer you a CRPC (French guilty plea procedure). You acknowledge the facts in exchange for a negotiated sentence. Mr. Bruguière advises you on whether to accept or refuse based on the strength of the case.

Opening of a judicial investigation

For the most serious offenses, the prosecutor may refer the case to an investigating judge. You will then be formally indicted and placed under judicial supervision or in pretrial detention.

Why choose Mr. Bruguière for your custody case?

Immediate availability 24/7

Police custody happens at any time of day or night, weekends and holidays included. The firm provides a 24/7 phone line and acts within the hour in every police station of the Paris region.

Criminal law expertise and knowledge of emergency procedures

Mr. Bruguière handles daily custody cases in all types of criminal matters: violence, theft, drugs, fraud, traffic offenses, sexual offenses, organized crime.

• Immediately identify procedural flaws
• Anticipate investigators' strategies
• Effectively advise on whether to answer or remain silent
• Negotiate with the prosecutor to avoid immediate appearance or detention

Comprehensive support from custody to judgment

Mr. Bruguière's involvement does not stop at the end of custody:

• Building the defense file
• Gathering personal documents (statements, payslips, medical certificates)
• Pleadings before the correctional court or the assize court
• Appeal in case of conviction
• Follow-up on sentence enforcement

Transparent communication with families

Mr. Bruguière keeps you informed of the evolution of the situation, explains the legal stakes, and reassures you during these moments of intense stress.