# Request the assistance of a lawyer Source: https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-4-demander-a-beneficier-de-l-assistance-d-un-avocat #### Choosing a lawyer From the outset of police custody, the detainee is informed of his or her right to be assisted by **the lawyer of his or her choice**, or failing that, by a **public defender.** A relative of the detainee who has been notified of the police custody under the "_notifying a relative_" procedure may also suggest a lawyer, provided that the detainee, who must be informed immediately, confirms this appointment. To read more about your rights during police custody, consult the [**Survival Guide to Police Custody in France - Episode 1: Know your rights.**](https://www.ouaknine-avocats.com/en/articles/c320d229-c35d-416c-b1d2-b9eb082937ba) #### Lawyer’s notification and time of arrival The lawyer, whether court-appointed or chosen, must be informed "**_by any means and without delay_**". The French Higher Court, the “_Cour de cassation_”, has ruled that** a delay of one hour** between the detainee's request and the information given to the duty counsel **violates this right to counsel** ([_Cass. crim., December 6, 2005, n° 04-50.139, F-P+B_](https://www.legifrance.gouv.fr/juri/id/JURITEXT000007048938)). **In principle, if the detainee requested to be assisted by a lawyer, the police interview cannot begin without him or her being present.** If the appointed lawyer cannot be contacted, or if he or she does not arrives within two hours of being notified of the measure, the investigating officer in charge of the police custody must immediately contact the President of the Bar Association by any available means, so that he can appoint a public defender. #### The lawyer’s role during police custody **The assistance of a lawyer is strongly recommended during police custody.** The lawyer's intervention takes place in several stages: **1- During a confidential 30-minute interview with the detainee:** This interview will be repeated for each 24-hour extension, provided that the detainee requests the presence of his or her lawyer when the extension is notified. At this stage of the proceedings, the lawyer does not have access to the entire criminal file, i.e. he or she is unaware of the existence of evidence to support his or her client's guilt or, on the contrary, to clear him or her. **The purpose of the interview is not to inform the detainee of the existing evidence against him.** It is, however, of **particular importance**, as it enables the detainee: - To receive a **clear reminder of his or her rights**, to ensure that he or she has understood them, and to verify that they have been respected, - To **report any violations of his or her rights**, as well as any malfunctions in police custody (disputes with police officers, sanitary conditions in cells, access to food and water, etc.), - To **explain the various stages of the police custody**, any 24-hour extensions that may be ordered, and potential outcomes after custody, - To **discuss the facts of the case and prepare for the police interview(s) or confrontation**. The respective advantages and disadvantages of **making statements vs exercising the right to remain silent** can then be explained. At the end of the interview, the lawyer may submit **written observations** to the police officer, and to the public prosecutor, in order to report any irregularities or violations of rights related to his or her client's police custody. **2- During the police interview(s):** **If the detainee has requested a lawyer, he must be present during all the police interview(s)**, except if the detainee has waved such a right. During the interview, a police officer will ask the detainee several questions, and the detainee may choose to answer them or exercise his or her right to remain silent. The questions asked by the investigator, and the answers given by the detainee, will be recorded in a report which is typed up by the police officer during the interview. At the end of the interview, **the lawyer will have the opportunity to ask questions to his or her client, or to make oral or written observations** for the public prosecutor. These questions/observations are intended to ensure the client's defense, or to expose possible violations of his or her rights. Once the interview is over, the **report will be re-read by the lawyer and his or her client.** If its content does not match the statements made by the detainee, the lawyer will ask the police officer in charge to **modify it**. **3- During a confrontation:** A confrontation may be arranged in the event of a discrepancy between the plaintiff’s version and that of the detainee. The confrontation consists of a **simultaneous hearing of the plaintiff and the detainee.** The lawyers for each party may be present. At the end of the confrontation, each lawyer can **ask questions** to his or her client, as well as to the other party, and **write observations** for the public prosecutor. As during the interview, he or she will ensure that the police officer's report is consistent with his or her client's and the other party's statements. #### _In practice :_ #### Never waive your right to a lawyer **Police officers might tell you that if you decide to call a lawyer, your police custody will last longer.** **This is not true!** #### If you don't know any lawyers, ask for a public defender This will not prevent you from choosing your own lawyer at the end of police custody, should any further action be taken. #### Read the report(s) with your lawyer After each interview or confrontation, you will be presented with the report of your declarations in order to sign it. **Read it carefully**, together with your lawyer. #### Trust your lawyer Your discussions are covered by **professional confidentiality**, and he or she is working in your **best interests**. ## Survival Guide to Police Custody in France - [Survival Guide to Police Custody in France - Episode 1: Know your rights](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-1-connaitre-ses-droits) - [Survival Guide to Police Custody in France - Episode 2: Understand why you're here.](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-2-connaitre-les-raisons-de-son-placement) - [Survival Guide to Police Custody in France - Episode 3: Understand the potential duration of the custody](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-3-comprendre-la-duree-potentielle-de-la-mesure) - [Survival Guide to Police Custody in France - Episode 4: Request the assistance of a lawyer](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-4-demander-a-beneficier-de-l-assistance-d-un-avocat) - [Survival Guide to Police Custody in France - Episode 5: Know the possible outcomes of police custody](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-5-connaitre-les-issues-possibles-a-la-garde-a-vue) ## Pages - [The Firm](https://www.ouaknine-avocats.com/en): home page: the practice in one sentence and its three main fields - [The firm and Alice Ouaknine](https://www.ouaknine-avocats.com/en/about): the firm, Alice Ouaknine's background, working languages - [Expertise](https://www.ouaknine-avocats.com/en/expertise): every field of practice - [Publications](https://www.ouaknine-avocats.com/en/publications): the firm’s own writing, including the police-custody survival guide, and the press articles that quote it - [Contact](https://www.ouaknine-avocats.com/en/contact): address, phone, mobile and email - [ISKA network](https://www.ouaknine-avocats.com/en/iska): the network of independent attorneys the firm belongs to - [Legal Terms](https://www.ouaknine-avocats.com/en/legal): legal notice and cookie policy --- Ouaknine Law Firm, 17 rue de Douai, 75009 Paris, France. +33 (0)1 84 16 20 35. cabinet@ouaknine-avocats.com https://www.ouaknine-avocats.com/en/llms.txt · https://www.ouaknine-avocats.com/sitemap.xml