Learning that you have been placed in police custody is often a particularly stressful experience. However, knowing your rights from the very first minutes is crucial: the initial hours of a criminal proceeding can determine the outcome of the entire case. Maître Yoram Cohen, criminal defense attorney in Bourg-la-Reine serving the entire Hauts-de-Seine department (92), answers the 10 most frequently asked questions.
Why have I been placed in police custody?
Police custody is an investigative measure—not a conviction. It allows police or gendarmerie services to detain a person when there are one or more plausible reasons to suspect that they have committed or attempted to commit an offense.
These grounds can be quite varied: a complaint filed by a victim, witness testimony, CCTV footage, message exchanges, findings made by investigators, or statements from other individuals involved in the case.
From the very start of the measure, investigators must inform you of the legal classification of the alleged facts, the presumed date and location of the offense, as well as your rights.
How long can police custody last?
In principle, police custody lasts a maximum of 24 hours. It can be extended for an additional 24 hours—bringing the total duration to 48 hours—if the investigation justifies it and upon authorization from the public prosecutor.
For certain particularly serious offenses, these periods can be even longer:
- Drug trafficking
- Organized crime
- Terrorism
- Certain complex offenses
Do I have the right to a lawyer during police custody?
Yes, and this right is fundamental. From the start of the measure, you may request the assistance of a lawyer—either your chosen attorney or a court-appointed public defender.
The attorney intervenes at several stages:
- Confidential consultation with the client
- Review of certain case documents
- Presence during questioning sessions
- Observations regarding the conduct of interrogations
- Protection of defense rights
Do I have to answer police questions?
You have the fundamental right to remain silent, which is notified to you at the beginning of police custody. Three approaches are possible:
- Answer the questions
- Make a spontaneous statement
- Exercise your right to silence
There is no one-size-fits-all answer. In some cases, providing explanations immediately can be helpful. In others—especially when the case is complex or the allegations are unclear—it may be preferable to wait until more information is available.
Can I notify my family or employer?
Yes. Anyone taken into police custody can request that a close contact be informed of their situation: a family member, spouse, parent, or cohabitant.
If the custody could have immediate professional consequences, it is also possible in certain cases to have your employer notified.
However, the public prosecutor may exceptionally decide to postpone this notification when necessary for the proper conduct of the investigation.
Can I ask to see a doctor?
Absolutely. A person in police custody may request a medical examination at any time. The doctor assesses your health status, your fitness to remain in custody, any medical needs, and any treatments you must follow.
This examination is especially crucial if you suffer from a chronic illness, a disability, a psychological condition, or if you take daily medication.
Can the police search my mobile phone?
Today, mobile phones are often an essential source of information for investigators. Depending on the circumstances and the applicable legal framework, law enforcement may examine your phone:
- Messages and calls
- Photographs and videos
- Social media and messaging apps
- Geolocation data
The extracted data can sometimes become key evidence in the case file.
What happens at the end of police custody?
Contrary to popular belief, police custody does not automatically lead to a trial. At its conclusion, several outcomes are possible:
You leave the premises freely. This does not necessarily mean that the case has been closed without action.
You are summoned to appear at a later date before a court or an investigative authority.
For certain offenses, a prior guilty plea procedure may be proposed.
You are brought before a judge or tried very swiftly before the criminal court.
Does police custody appear on your criminal record?
No. Police custody in itself does not appear on your criminal record. It is solely an investigative measure.
However, if a conviction is handed down subsequently, it may be entered on certain bulletins of the criminal record depending on the nature of the offense and the decision rendered.
Why contact a lawyer in Bourg-la-Reine right from the start of police custody?
The initial hours of criminal proceedings are often decisive. Many critical decisions are made during this period:
- Initial hearings and statements
- Seizures and searches
- Confrontations with other individuals involved
- Forensic analysis of phones and digital devices
A mistake made during an interrogation can have lasting consequences throughout the entire proceedings.
Maître Yoram Cohen, criminal defense attorney in Bourg-la-Reine, steps in to:
- Explain your rights and the allegations against you
- Advise you prior to each interrogation
- Ensure the lawfulness and regularity of the procedure
- Prepare your defense
- Intervene promptly in the event of procedural irregularities
Summary: What to do if you are taken into police custody in the 92 area
From the very start of the measure, request the assistance of a lawyer. Do not answer questions before you have had the chance to speak with counsel. Immediately report any medical issues. And remember: custody is not a conviction.
The law office of Maître Yoram Cohen, located in Bourg-la-Reine and serving the entire Hauts-de-Seine department (92), handles criminal law matters, including emergency situations. Visit the dedicated criminal law page →