Criminal law, the most famous branch of law, refers to a set of rules established for a specific purpose: to govern society’s reactions to the most problematic behaviors for public order. These behaviors are classified into three categories of offenses: contraventions, délits, and crimes. In the case of the latter two categories, it is the State that must provide proof of guilt in order to pronounce a conviction. Until then, a suspect is always presumed innocent and thus has the right to defend themselves. However, criminal law and criminal procedure are highly technical disciplines. When accused or notified in an investigation, it is therefore essential to rely on the support of a good criminal defense lawyer at every stage of the process. Consequently, this includes the moment of being placed in police custody.
Where does the police custody stage fit into the course of a criminal investigation?
Most of the time, police custody occurs early in the context of a criminal investigation. The general idea is as follows: close to the commission of an offense or an attempted offense, a judicial police officer believes that questioning a specific person will likely advance the investigation. Therefore, they will decide to place that person in police custody, meaning subjecting them to a deprivation of liberty measure in police premises. The standard duration of this measure is 24 hours, but there are many specific cases in which this period can be extended.
See also : Criminal Cases: How a Lawyer Ensures Your Defense?
The reasons for police custody are multiple. It allows:
- To prevent an individual, whose testimony would be important for resolving the investigation, from disappearing;
- To ensure they can be brought before a magistrate if necessary;
- To prevent the disappearance of potential evidence;
- To protect victims from facing pressure at the start of the investigation;
- To avoid any form of collusion with potential accomplices;
- And obviously to gather evidence.
However, faced with the powerful investigative machinery that is triggered at this moment, a person placed in police custody may feel extremely helpless and may not know their rights. This is why it is important to rely on a criminal defense lawyer who, like the Bordeaux firm Alter Avocat, has chosen to specialize in this type of procedure: they will intervene from the very beginning of police custody to address this imbalance.
Further reading : When to Consult a Criminal Defense Lawyer?
The role of the criminal defense lawyer during police custody
In terms of criminal justice, the police custody stage remains a particular moment: it pits the suspect against the police without any judge having yet intervened. Thus, the intervention of the criminal defense lawyer is fundamental here, as it helps preserve the rights of the accused and prevents them from being sacrificed on the altar of the search for truth. Therefore, from the beginning of police custody, the suspect has the right to immediately contact a lawyer of their choice.
If the person has no contacts, a court-appointed lawyer will be assigned to them. However, it is not always certain that this lawyer has the necessary experience. It is therefore better to rely on a clearly identified professional whose competence is known. The criminal defense lawyer will be present during each interrogation of the person in custody and can request to speak with their client upon arrival. They will also be able to review all the case documents and inform the person of their rights.
The criminal defense lawyer: a resource person to know one’s rights during police custody
Most people are, quite logically, unaware of their rights when they are placed in police custody. This is why the intervention of the criminal defense lawyer is fundamental to ensure a criminal procedure that respects the presumption of innocence. The professional will inform their client that they have the following rights:
The right to remain silent: this is an essential right. Under the emotional impact of being placed in custody, many individuals may say things that will weigh heavily later. However, during police custody, one is only required to state their identity. There is no obligation to answer the questions asked.
The right to contact a relative and their employer: these are indeed two people who can be notified at the time of placement. However, it is sometimes possible to deprive suspects of this right. But this deprivation cannot come from an initiative of the judicial police officer; it must have been decided by the public prosecutor. And your lawyer knows this.
The right to be examined by a doctor: under French criminal law, a judicial police officer cannot question a person in police custody if their health condition is not compatible with such an undertaking. But only a doctor can attest to this incompatibility. The lawyer will often be best positioned to obtain a consultation.
The right to be assisted by an interpreter.
Certainly, all of this is essential to know even before requesting the help of a lawyer. But even when well-informed, a suspect in police custody may struggle to enforce their rights. It is therefore very important to have a good number on hand to cope in case of a tough situation.