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Frequently asked questions
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Frequently asked questions *
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Facing the justice system, whether you are accused or a victim, is a difficult ordeal that often has serious consequences. At these crucial moments, being supported from the very start of the proceedings is essential to protect your rights and build an effective defence.
A criminal defence lawyer acts at every stage of the proceedings: from police custody, through the criminal investigation, up to the trial. Drawing on their expertise, they provide a rigorous and strategic defence, anticipating what is at stake and adapting their pleading to each situation.
Their role is not limited to pleading: they advise you, analyse the documents in the file, identify the weaknesses of the prosecution case and build a tailored defence strategy.
A criminal defence lawyer represents clients before all criminal courts (criminal court, assize court, court of appeal, etc.).
Whether you need legal advice, assistance in police custody, an immediate trial (comparution immédiate) or complex criminal proceedings, calling on a specialised lawyer ensures effective support when dealing with the justice system.
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In police custody (garde à vue), every word you say can have major consequences for the rest of the proceedings. Whether you are a suspect or implicated, it is crucial to be assisted by a criminal defence lawyer from the first hours, to protect your rights and avoid any mistake that could harm you.
Protecting your rights from the start of the proceedings
Police custody is a decisive phase during which investigators gather evidence for and against you. Without a specialised lawyer, you risk making counterproductive statements, being put under pressure or seeing your rights disregarded. The criminal lawyer makes sure the procedure is strictly followed and that you are not at a disadvantage when facing the investigators.
A strategic defence from the first hours
An experienced criminal lawyer immediately analyses the situation and advises you on the best approach: remaining silent, answering questions or giving precise explanations. They also review the documents in the file they can access at this stage, and can submit written observations during the custody interview if your rights have not been respected.
Preparing effectively for what comes next
Your defence does not begin in court: it begins at the very first interview. A careless statement or a contradiction can be used against you at trial. With a criminal lawyer at your side, you anticipate the risks and prepare, from police custody onwards, a suitable strategy, whether the outcome is being placed under formal investigation, the case being dropped or an immediate trial.
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Receiving a summons to a police station can be stressful and unsettling. Whether you are summoned as a suspect, a witness or a person implicated, you should not face this situation alone: mishandling this stage can have serious legal consequences. Contacting a criminal defence lawyer as soon as you receive the summons is the best way to protect your rights and prepare your defence effectively.
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A summons before the criminal court (tribunal correctionnel) means that you are being prosecuted for a criminal offence punishable by a fine and/or imprisonment. This stage is crucial, as it may lead to a conviction affecting your criminal record and your future. You should therefore not face these proceedings alone, but prepare effectively with a criminal defence lawyer, with whom you will establish a defence strategy.
Read our guide: I have been summoned before the criminal court
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If you are the victim of a criminal offence (theft, sexual assault, fraud, violence, harassment, etc.), it is essential to file a complaint so that proceedings can be brought against the perpetrator. However, this process can be complex and requires a good understanding of your rights. Being assisted by a criminal lawyer from the moment you file your complaint is a major advantage to make sure your case is handled effectively and that you obtain compensation.
Where and how to file a complaint?
You can file a complaint:
At a police station or gendarmerie: a judicial police officer will take your statement and draw up an official report.
Directly with the public prosecutor: a complaint drafted by a lawyer can be sent to the court (tribunal judiciaire) of the place where the offence was committed or where the perpetrator lives.
By a complaint with civil party status (plainte avec constitution de partie civile): if an ordinary complaint has been dropped or the offence is serious, this procedure leads to the appointment of an investigating judge.
Why be assisted by a lawyer when filing a complaint?
A lawyer specialised in criminal law supports you at every stage to make sure the proceedings run smoothly and to defend your interests. They can draft your complaint, file it with the competent court, follow the progress of the case and bring further proceedings, in particular if the case is dropped.