Police custody (garde à vue) is a custodial measure depriving a suspect of liberty, ordered during a criminal investigation.
Police custody allows investigators to keep the suspect at their disposal to conduct interrogations and confrontations.
Placement in Police Custody
Under Article 62-2 of the French Code of Criminal Procedure, police officers may place you in police custody if there are one or more plausible reasons to suspect that you have committed or attempted to commit a felony or misdemeanor punishable by imprisonment.
In principle, the duration of police custody cannot exceed 24 hours.
However, custody may last:
- 48 hours, if you are suspected of having committed or attempted to commit a felony or misdemeanor punishable by a prison sentence of one year or more.
- 96 hours, if you are suspected of having committed or attempted to commit certain offenses or felonies, such as drug trafficking, kidnapping and false imprisonment committed by an organized gang, or offenses aggravated by organized crime.
- 144 hours, if you are suspected of having committed or attempted to commit a terrorism felony or misdemeanor, and/or if there is a serious risk of an imminent attack.
Attorney Vincent Sprauer, a criminal defense lawyer in Paris, systematically verifies the procedural regularity of the police custody to which you were subjected. Procedural nullity of the police custody may result in the invalidation (nullity) of all statements made during detention.
If you or a loved one is in police custody, do not remain alone—call Attorney Vincent Sprauer immediately for prompt intervention.
Retaining a Criminal Defense Lawyer During Police Custody
There are three situations in which you can retain a criminal lawyer:
- Before your police custody: You fear being placed in police custody or have received a summons to appear; retain a criminal defense attorney to prepare for this upcoming process.
- During your police custody: You are arrested and placed in police custody. You will be notified of your rights, the primary one being the right to assistance from a criminal defense lawyer.
- During a loved one’s police custody: One of your relatives is in police custody and does not know a lawyer with experience in criminal defense. You have the right to appoint one on their behalf.
The Role of the Lawyer During Police Custody
Attorney Sprauer, a criminal defense lawyer in Paris, provides emergency representation 24/7 across the entire national territory to assist individuals placed in police custody.
To learn more, we invite you to contact our law firm or refer to our article on the same subject: “Police Custody Procedures: The Key Steps.”