Criminal defence lawyer in Nice: if you are arrested or charged in France

Police custody is the measure by which the police hold a suspect for questioning. In principle it cannot exceed 24 hours. It can be extended once, for a further 24 hours, on the authorisation of the public prosecutor, when the offence is punishable by at least one year of imprisonment and the extension is the only way to reach the objectives set by the code of criminal procedure (article 63). Special rules apply to some serious offences, and your lawyer will tell you which ones are relevant.

From the start of custody you must be told, immediately, in a language you understand, why you are held, how long the measure can last and what rights you have (article 63-1). Those rights include:

• the right to have a relative and your employer informed, and, if you are a foreign national, to have the consular authorities of your country contacted;
• the right to be examined by a doctor;
• the right to be assisted by a lawyer;
• the right to an interpreter where needed;
• the right, during questioning, to make statements, to answer questions or to remain silent.

A few of these rights deserve more detail.

Your lawyer. You can ask for a lawyer from the very start of custody and at any time during it. You may choose your own lawyer or ask for one to be appointed for you. A relative you have asked the police to contact can also name a lawyer for you, but you must confirm the choice (article 63-3-1). The lawyer may speak with you in confidence for up to thirty minutes, and again at the start of any extension (article 63-4). Our own page on police custody (in French) explains what to do and what to expect.

Your consulate. If you are not French, you can ask for your consulate to be informed. Unless something makes it impossible, which must be recorded in the police report, the police must act on a request to contact a relative, your employer or the consulate within three hours (article 63-2). A consulate can help you with practical matters and with your family. It does not act as your defence lawyer.

Interpretation and translation. If there is a doubt about your ability to understand French, the authority questioning you must check that you speak and understand it. In exceptional cases, essential documents may be translated or summarised orally rather than in writing (article 803-5). In practice: say immediately and clearly if you do not understand, ask for an interpreter, and do not sign a statement that you could not read or that was not read back to you in a language you understand.

Custody can end in several ways: release without further action, a warning, a summons to appear before the criminal court (tribunal correctionnel), an immediate trial (comparution immédiate), or a negotiated plea (CRPC). Our French pages explain each of these: the tribunal correctionnel, the comparution immédiate, the CRPC and what to do after custody.

If you are released under judicial supervision (contrôle judiciaire), the judge can impose obligations that matter a great deal to a foreign national or a visitor: not to leave certain territorial limits, to stay at a specified address, or to hand over your identity documents, including your passport, against a receipt (article 138). If you live abroad, a defence strategy must take these constraints into account from the first hearing. Our page on judicial supervision (in French) explains the obligations and the risks of breaching them.

A criminal case can also have consequences for your right to stay in France. If you are a resident, talk to us about both aspects at the same time.

If you are the subject of an extradition request or of a European arrest warrant, the procedure is different from an ordinary prosecution and the deadlines are short. We handle cross-border matters. See our article on extradition (in French) for a recent example.

We assist suspects in police custody, in voluntary questioning, before the investigating judge and before the criminal courts. We prepare the defence file and plead at the hearing. We do not promise outcomes, but an early and well-prepared defence changes what the court sees. You can read our fees page, in French, or ask us for a fee proposal when you first contact us.

Can I have a lawyer in police custody in France?

Yes. You can ask for a lawyer from the start of custody and at any time during it, whether you choose one yourself or ask for one to be appointed.

Can the police question me without an interpreter?

If you do not understand French, you are entitled to an interpreter where needed. Tell the police immediately, and tell your lawyer.

Will my embassy or consulate be told?

You can ask for it, and the police must act on the request within three hours unless something makes it impossible.

How long can police custody last?

In principle 24 hours, extendable once for a further 24 hours in the cases set out by law. Special rules apply to some serious offences.

Can I leave France while a case is open against me?

Not necessarily. A judge can forbid you to leave certain limits or take your passport as part of judicial supervision. Ask your lawyer before you travel.

What if I do not speak French?

Our firm works mainly in French. If you do not speak French, tell us when you contact us and we will organise interpretation.

The code of criminal procedure is to be reorganised from 1 January 2029 by ordinance no. 2025-1091 of 19 November 2025 (articles 63, 63-1, 63-2, 63-3-1, 63-4, 138 and 803-5 are among those repealed on that date and recodified). The article numbers above are those in force today.