I have been summoned by the police: what should I do?

You have received a summons from the police or gendarmerie, sometimes simply by phone. Before you go, you need to know in what capacity you will be heard: as a witness, as a suspect in a voluntary interview, or with a risk of police custody.

Summoned in the coming days? Let’s prepare the interview together. +33 7 75 72 74 27, available 24/7.

Witness, voluntary interview or police custody?

Witness: you are heard about facts you know, without being suspected. You must attend and give evidence.
Voluntary interview (audition libre): you are suspected of having committed or attempted an offence, but you are not held. You may leave at any time.
Police custody: investigators may decide, during or after the interview, to place you in custody if they consider it necessary. See A relative is in police custody.

Ask the investigator, by phone, what the summons is about and in what capacity you will be heard.

Your rights in a voluntary interview

Before any question, you must be informed:

of the offence you are suspected of, and its presumed date and place;
of your right to leave the premises at any time;
of your right to an interpreter;
of your right to remain silent;
of your right to be assisted by a lawyer if the offence is punishable by imprisonment, where applicable under legal aid.

How to prepare

Contact a lawyer before the date. They will explain the risks, help you prepare your answers and can accompany you.
Ask for a postponement if the date does not allow you to be assisted: this is often possible.
Gather useful documents: contracts, written exchanges, invoices, statements.
Do not contact the other people involved in the case: this could be held against you.
Read your statement before signing it, and have any error corrected.

What if I do not attend?

Failing to respond is risky: the prosecutor can authorise investigators to bring you in by force, and absence is rarely well received. It is better to request a postponement through your lawyer.

What the lawyer does

Explains the procedure and the possible charges.
Assists you during the interview and asks questions at the end.
Submits written observations, added to the file.
Prepares the next steps: case dropped, alternative to prosecution, summons to court.

Do not go alone. +33 7 75 72 74 27, 24/7, or contact@barssie-avocats.com.

Frequently asked questions

Can a voluntary interview turn into police custody? Yes, if the conditions are met. One more reason to be accompanied by a lawyer.

How long does a voluntary interview last? There is no maximum length, but you may leave at any time.

Do I have to answer every question? No, you may remain silent. It is best to decide this with your lawyer.

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