A relative is in police custody in France: what should I do?

You have just learned that a relative is being held in police custody (garde à vue). You cannot see or speak to them, but you can act: choose their lawyer and start gathering the documents that will matter if they are brought before a judge.

Act now: Barssie Avocats assists people held in police custody in Paris and the Île-de-France region, day and night. +33 7 75 72 74 27, available 24/7.

How long does police custody last?

24 hours, renewable once by the prosecutor, i.e. 48 hours at most in most cases;
up to 96 hours for organised crime and drug trafficking;
exceptionally longer in terrorism cases.

The rights of the person held

To be informed of the offence they are suspected of and of the length of the measure;
to have a relative and their employer informed; foreign nationals may also have their consulate informed;
to be examined by a doctor;
to be assisted by a lawyer from the start: a confidential 30-minute interview, then presence during questioning and confrontations;
to an interpreter;
to remain silent: it is a right, and sometimes the best decision until the lawyer has been able to assess the situation.

What the family can do

Appoint a lawyer. The relative who was informed of the custody can choose a lawyer; the person held must then confirm this choice. Otherwise, a duty lawyer is appointed.
Gather proof of stable circumstances (garanties de représentation). If your relative is brought before a judge, these documents can help avoid detention: proof of address or accommodation certificate, employment contract, payslips, school certificate, documents on dependent children, job offer. Give them to the lawyer as soon as possible.
Do not discuss the case by phone or on social media: exchanges may be used in the investigation.

At the end of police custody

Release, with no immediate action or with a summons to appear in court;
referral (déferrement) to the prosecutor, who may then decide on:
- an immediate trial (comparution immédiate) before the criminal court, the same day or within days;
- the opening of a judicial investigation: appearance before the investigating judge, then possibly before the liberty and detention judge;
- a guilty plea procedure (CRPC).

If your relative is detained, see our practical guides to prisons in France: visiting permits, visiting rooms, laundry drop-off.

What the lawyer does

Meets the person held and assists them during questioning.
Submits written observations, added to the case file, on the procedure and the measure.
Prepares the defence for an immediate trial or an appearance before a judge, using the documents gathered by the family.
Argues against pre-trial detention.

Has your relative just been arrested? +33 7 75 72 74 27, 24/7, or contact@barssie-avocats.com.

Frequently asked questions

Can I find out which police station my relative is in? Investigators do not always give this information to the family. The appointed lawyer, however, is informed and can intervene.

Can my relative call me? They can ask the investigators to inform a relative; in some cases, they may speak to them briefly. The prosecutor can delay this notice for the needs of the investigation.

What happens at an immediate trial? Your relative is tried quickly by the criminal court. They may ask for time to prepare their defence; the court then decides whether they remain free or detained until the trial. Proof of stable circumstances weighs heavily in that decision.

General information, up to date as of October 2026. It does not replace advice tailored to your situation.