Pretrial detention

Urgent release request: +33 1 87 66 00 48

Pretrial detention is a custodial measure ordered before any final conviction. Your relative is held in remand prison even though guilt has not yet been established by any court. This situation calls for immediate legal action to obtain release.

Mr. Charles Bruguière, criminal defense attorney at the Paris Bar, appears before the investigating judge, the liberty and custody judge (JLD) and the investigating chamber to challenge pretrial detention orders, file release requests, and obtain alternatives to custody (judicial supervision, house arrest).

Faced with imprisonment and the urgency of the situation, a rigorous technical defense and a deep knowledge of criminal procedure are essential to maximize the chances of release and protect the fundamental rights of the detainee.

What is pretrial detention?

Pretrial detention is a coercive measure provided for in Articles 143-1 et seq. of the French Code of Criminal Procedure. It allows the incarceration of a person under formal investigation before any judgment, pending trial before the correctional court or the assize court.

Presumption of innocence

Pretrial detention is a serious exception to the constitutional principle of the presumption of innocence. It may only be ordered as a last resort, where no alternative (judicial supervision, house arrest) can secure the needs of the investigation and public safety.

Conditions for placement in pretrial detention

The liberty and custody judge (JLD) may only order pretrial detention when the following cumulative conditions are met:

• The person is under formal investigation for an offense punishable by at least 3 years' imprisonment
• Detention is the only way to preserve evidence or prevent pressure on witnesses
• Detention is necessary to protect the person, prevent reoffending or ensure their appearance at trial
• Judicial supervision is insufficient or the person has breached their obligations

Maximum duration of pretrial detention

Statutory maximum durations vary with the seriousness of the offense:

• Offenses punishable by less than 5 years: 4 months, renewable once (maximum 8 months)
• Offenses punishable by 5 to 10 years: 1 year, extendable up to 2 years maximum
• Crimes punishable by 10 to 20 years: 2 years, extendable up to 3 years maximum
• Crimes punishable by 20 years or more: 2 years, extendable up to 4 years maximum

Any breach of these time limits automatically triggers the release of the detainee. Mr. Bruguière monitors these deadlines closely and systematically raises any breach. Where detention follows a deferment, the strategy is designed in continuity with the immediate appearance.

How to leave pretrial detention

Release may be obtained at different stages of the criminal procedure. Mr. Bruguière uses every available remedy to secure his client's release as soon as possible.

Release request

The detainee or their lawyer may file a release request with the investigating judge at any time. The request must rely on new elements:

• Developments in the investigation (new exculpatory evidence, weakened charges)
• Change in personal circumstances (employment, housing, guarantees of appearance)
• Medical or humanitarian reasons (health, serious family situation)
• Excessive length of detention compared with the sentence faced
• Possibility of judicial supervision or house arrest

The investigating judge has 5 days to transmit the file to the JLD, who rules within 3 working days. If refused, an appeal can be lodged before the investigating chamber within 10 days.

Judicial supervision: an alternative to detention

Judicial supervision is the main alternative to pretrial detention. It allows release subject to strict obligations:

• Not to leave the country or a defined geographical area
• To report regularly to the police or gendarmerie (check-in)
• To surrender ID documents (passport, identity card)
• Not to meet certain persons (victims, witnesses, co-defendants)
• Not to appear in certain places
• To pay bail to guarantee appearance at trial

Mr. Bruguière negotiates with the JLD the least restrictive obligations possible, tailored to the client's personal and professional situation.

House arrest with electronic monitoring

House arrest with electronic monitoring (electronic bracelet) is an intermediate measure between judicial supervision and pretrial detention. The person may live at home and move around according to a schedule approved by the judge. This option preserves family and professional ties while ensuring strict control.

Challenging a pretrial detention order

Pretrial detention orders can be challenged through several remedies. Mr. Bruguière systematically uses all available procedures.

Appeal before the investigating chamber

Where the JLD orders or extends pretrial detention, the detainee or their lawyer has 10 days to appeal before the investigating chamber of the Paris Court of Appeal. The chamber rules within 20 days and may:

• Order the immediate release of the person
• Place the person under judicial supervision or house arrest
• Confirm pretrial detention, possibly modifying its length
• Refer the file back to the JLD for fresh review

Mr. Bruguière prepares fully argued appeal briefs, citing ECHR and Court of Cassation case law to demonstrate the disproportionate or unjustified nature of the detention.

Successive release requests

There is no limit on the number of release requests. A new request can be filed as soon as a new element arises:

• Investigation developments (hearings, expert reports, exculpatory evidence)
• Change in personal circumstances (job found, housing obtained)
• Detention length becoming excessive
• Health issue incompatible with custody
• Serious family event (death, serious illness of a relative)

Appeal before the European Court of Human Rights

In case of manifestly excessive detention or detention contrary to Article 5 of the European Convention on Human Rights, an application may be filed before the ECHR. This may lead to a conviction of France and compensation for the person who suffered unjustified pretrial detention.

Detention conditions and rights of pretrial detainees

A person placed in pretrial detention retains all fundamental rights except freedom of movement. The lawyer ensures these rights are respected and challenges any unjustified breach.

Right to dignity

Pretrial detention must be carried out in conditions respecting human dignity. Mr. Bruguière files urgent applications before the administrative court in the event of:

• Clear prison overcrowding (less than 3 sq.m per detainee)
• Degraded or unsanitary hygiene conditions
• Lack of access to medical care
• Abusive placement in isolation or in a disciplinary unit
• Absence of activities or yard access

Right to visits and communications

Pretrial detainees may receive family visits under the rules of the prison's internal regulations. They may also use the phone, subject to authorization by the investigating judge. Communications with the lawyer remain strictly confidential.

The firm regularly organizes lawyer visits with privileged conditions (longer duration, guaranteed confidentiality, no separation device) to prepare the defense and maintain a link with the outside world.

The lawyer's role in pretrial detention

Immediate challenge to the order

From the moment of placement in pretrial detention, the firm analyzes the legal conditions of the measure and immediately prepares a release request including:

• Legal challenge of the order (conditions not met, disproportion)
• A full personality file (statements, employment contracts, address)
• Guarantees of appearance (bail, family statements)
• An alternative proposal of judicial supervision or house arrest
• Medical certificates where health is incompatible with detention

Follow-up in detention and ongoing assistance

During detention, Mr. Bruguière maintains regular contact with clients and their families:

• Regular prison visits to discuss the file
• Assistance during hearings before the investigating judge
• Preparation of successive release requests
• Challenge to disciplinary measures of the prison administration
• Coordination with families to maintain ties and gather documents

Deadline monitoring and procedural vigilance

Compliance with pretrial detention deadlines is strictly tracked by the firm. Mr. Bruguière keeps a precise calendar of cut-off dates and systematically raises any breach before the competent courts. This vigilance also covers procedural rights: access to the file, notification of acts, respect for the adversarial principle.

Why choose Mr. Bruguière for pretrial detention?

Expertise in detention law

Mr. Bruguière regularly appears before the liberty and custody judges of Paris and the Île-de-France region, and fully masters the procedural subtleties of this practice. This expertise makes it possible to identify every legal flaw in the order and maximize the chances of release.

Immediate responsiveness and availability

The firm steps in as soon as detention is ordered, arranges prison visits within 48 hours, and files a first release request in the following days. This responsiveness limits the length of detention and prevents the person from spending weeks in custody before the first JLD hearing.

Human support for families

Detention is an ordeal for the detainee and their relatives. The firm provides personalized follow-up:

• Clear explanations of the procedure and deadlines
• Quick responses to calls and letters
• Arrangement of visits and assistance with prison access
• Help with urgent administrative steps
• Moral support and attentive listening

Related practice areas: immediate appearance · police custody · general criminal law.