Arrested in Paris: garde à vue and what follows
French police custody is called garde à vue, meaning detention for questioning before any charge. It runs for a period fixed by the code, can be extended once by the prosecutor in a written decision giving reasons, and is longer where organised crime or terrorism is alleged, in which case a judge decides. Since the reform of the rules on custody no questioning may begin without your lawyer present. France has no bail: money does not enter the decision at all, and at the end of custody the magistrate chooses between release, judicial supervision with conditions, and pre-trial detention.
The detail that catches people out is that the end of the garde à vue is not always the end of being held, because the code allows a further window while you wait to be presented to a magistrate. What matters for you now is the material that answers risk: an address, documented ties, an occupation, and a willingness to accept conditions.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Garde à vue is questioning custody rather than a charge, and the extension of it is a written decision of the prosecutor that has to give reasons, not an automatic continuation.
- No interview may start without a lawyer present, which makes the hours before questioning the ones in which something can still be arranged.
- Bail as common law systems understand it does not exist here, so the argument is about risk and conditions and never about a sum of money.
- The magistrate at the end of custody may release you outright, place you under judicial supervision with obligations, or order pre-trial detention.
- Many people count the custody period, assume they are free, and are still in a cell because a further window before presentation to a magistrate is permitted.
- Accusations around the metro and the monuments often rest on the account of a lone witness, which makes the circumstances of the identification the real battleground.
- Fights outside bars in the centre routinely end with both parties as complainants, and whichever account reaches the officers intact tends to set the shape of the file.
- Only a lawyer admitted in France can appear before a French court, so the Italian side of a case is about selecting and briefing that lawyer and handling anything with an Italian end.
The French clock
| Step | Rule | Note |
|---|---|---|
| Initial custody | 24 hours | For any offence carrying imprisonment |
| Extension | A further 24 hours, to 48 in total | Written reasoned decision; offence must carry at least one year |
| Organised crime | Up to 96 hours | Decided by a judge |
| Terrorism | Up to 144 hours | Decided by a judge |
| Lawyer | No questioning may begin without one | Since 1 July 2024 |
| Before the magistrate | A further period of up to 20 hours may follow | Art. 803-3 of the Code of Criminal Procedure |
The last line surprises everyone. The end of the garde à vue is not always the end of the detention: the code allows a further window while you wait to be presented to a magistrate. People count 48 hours and are still in a cell.
There is no bail in France
Bail as understood in common law systems does not exist in French criminal procedure. At the end of custody the magistrate decides between release, judicial supervision with conditions, and pre-trial detention. Money does not enter the decision.
What does enter it is the same material that works everywhere: an address, ties, documented occupation, and a willingness to comply with conditions. Producing it in the first 48 hours is the whole game.
What actually happens in Paris
The cases involving visitors follow the map of the city. Incidents at night around Châtelet, Pigalle and the Marais; theft and pickpocketing accusations on the metro and around the monuments; drugs at the low end in the north-east; disputes with taxis and drivers that escalate into complaints; and Roissy and Orly, which generate their own category.
- Metro and monuments. Accusations of theft or pickpocketing, frequently on the identification of a single witness.
- Nightlife. Fights outside bars, ending with both parties as complainants.
- Airports. Customs and drug cases, and arrests on an alert relating to another country.
- Demonstrations. Paris has more of them than anywhere in Europe, and arrests around them are routine.
- Vehicles. Drink driving and disputes with drivers, where the French thresholds differ from those at home.
Where an Italian lawyer comes in
Before a French court only a lawyer admitted in France can act, and one has to be instructed immediately — the 2024 rule means the first interview cannot even start without one. What an Italian lawyer does is different and it is the part nobody organises: selecting that lawyer, briefing them, explaining the position to the family in a language they speak, and handling everything on the Italian side.
That second front is real whenever there is an Italian connection: a parallel Italian proceeding, a European Arrest Warrant issued by Italy, an alert, or consequences at home. The arrangement is described in how a correspondent case is run, and the surrender framework in the guide on the European Arrest Warrant.
The absence of bail confuses almost every visitor, so it is worth laying out what the magistrate can actually decide once custody ends.
| Decision | What it involves | What makes it more likely |
|---|---|---|
| Release without conditions | You leave with an obligation to answer summonses | A settled address, documented work and a minor accusation |
| Judicial supervision | Obligations such as reporting, surrender of a passport or a ban on contact | Ties that can be verified, plus an acceptance of the obligations |
| Supervision with a deposit | A sum lodged as one condition among several, not as a price for release | A risk the court believes conditions can manage |
| Pre-trial detention | Custody while the investigation continues | No address, a serious accusation, or a risk of pressure on witnesses |
| Presentation window | Continued detention while you wait to see the magistrate | Simply the way the code is written, whatever the outcome will be |
If you are the family
You need three things before anything can move: the name, the police station or commissariat holding the person, and the hour of the arrest. Every deadline runs from that hour.
The consulate can check on conditions and keep contact; it does not conduct the defence, choose the lawyer or pay fees. The general position is in the guide for families of someone arrested abroad.
Frequently asked questions
How long can French police hold me?
Twenty-four hours, extendable once by the prosecutor to forty-eight. Up to ninety-six hours for organised crime and one hundred and forty-four for terrorism, decided by a judge.
Can I get bail in France?
No. Bail does not exist in French criminal procedure. The magistrate decides between release, judicial supervision with conditions, and pre-trial detention.
Do I have to answer before my lawyer arrives?
Since 1 July 2024 no questioning may begin without your lawyer present, so the answer is that the interview should not start at all.
Is 48 hours really the maximum?
Not always. The code allows a further period of up to twenty hours while you await presentation to a magistrate, which is why people are still held after the custody period ends.
If this is happening now
In France the first interview cannot begin without a lawyer, so the hours before it are the ones that count. First contact is free and covered by professional privilege, at any hour.
Who is arrested in Paris, and where it happens
Paris draws visitors, workers and students from everywhere, and arrests there come from the places where crowds gather. The people who search for help are usually in the following positions.
A tourist or a weekend visitor, arriving by air at the big airports or by rail at a terminus, has been stopped after a dispute over a taxi, a restaurant bill or a hotel. Crowded areas around monuments, markets and stations produce allegations of theft, assault and fare evasion. A visitor who intervened in a quarrel, or who was caught up in it, has ended up at a police station.
A person out at night in a lively district, after a concert, a match or a party, has been in a fight outside a bar or has been found with a small quantity of a drug. The evening ended in custody, and the phone was taken.
A business traveller attending a trade fair or a meeting has been involved in a traffic incident, a payment dispute or a customs problem.
A student or worker living in the suburbs has been arrested after a police check on the metro or the train, and the family in another country is trying to understand what happened.
A traveller arriving from Italy or the United Kingdom by rail has been stopped at a border check. A relative in Italy is receiving calls in a language they do not speak. In each case the opening questions are the same: where is the person, which force holds them, and how long has the custody been running?
Cases involving visitors follow the map of the city, and each setting has its own weak point in the evidence. The table pairs them.
| Setting | Usual accusation | Where the case is really decided |
|---|---|---|
| Metro and the monuments | Theft or pickpocketing | The conditions in which a witness identified you |
| Nightlife in the centre | Assault, with complaints in both directions | Injury records, venue cameras and the sequence of events |
| Airports | Customs and drug cases, or an alert raised by another country | Whether something was found or an alert merely triggered |
| Demonstrations | Resisting an officer or offences linked to a gathering | What the officer's report describes as active conduct |
| Vehicles | Drink driving and disputes with drivers | The procedure followed in taking and recording the test |
How custody in Paris disrupts a trip, a job or a family
The French system moves quickly, and the consequences are felt within hours.
Trip and flights. A person in custody misses flights and hotel nights. Airline and hotel costs are lost, and travel insurance often excludes events connected with criminal conduct. Do not rebook until the lawyer has said whether you may leave.
Work. An employer, a client or a conference organiser expects a person who does not appear. A short, factual message from the family or the lawyer usually serves better than a long explanation.
Phone and accounts. A phone taken at the station is a loss of contact, banking apps and, sometimes, evidence. Note the passwords the police might ask for, and do not give them without the lawyer.
Residence and papers. For a person who lives in France, an arrest can complicate a permit renewal. For a visitor, an entry on the French record can affect later entry.
Family at home. Parents or partners in Italy or elsewhere face the problem of acting from a distance. A short direct flight from many Italian cities makes travel possible, but arriving does not ensure contact with the person. Wait for the lawyer's view.
Money and belongings. Cash, cards and luggage may be held. Ask what has been taken and how it is recorded.
Reputation. News may travel by social media. Say little.
Choices in Paris custody: lawyer, interpreter, consulate and what to say
The structure of French custody leaves little room for delay, so the choices come immediately, and each of them has a price.
Ask for a lawyer before any questioning. The rule is that questioning may not begin without the lawyer present, unless you choose to waive that. Waiving it to "get out sooner" is a common and costly mistake. The price of insisting is a wait; the price of speaking without a lawyer is a statement that stays on the file.
Use a lawyer appointed by the system, or have the family find a lawyer. An appointed lawyer is available straight away. A lawyer chosen by the family may take longer to arrive. Many people accept the appointed lawyer and change afterwards.
Ask for an interpreter. Many officers speak some English, but it will not be enough for a statement. Ask for an interpreter in your language, and for the interview to be translated back to you before you sign.
Ask for the consulate to be told, and for a relative to be notified. Both are your rights. The Italian consulate in Paris can confirm presence and help with contact. It does not choose the lawyer.
Say something, or stay silent. The right to silence exists. Use it until the lawyer has seen the file, and then decide together.
What to gather for the lawyers in Paris
French custody is short, so material that reaches the lawyer early counts for more. Gather the following as quickly as possible.
- Full name, date of birth and passport details, with a photograph of the document, to identify the person without delay.
- Which force and which station, if the person could say, and the time of arrest. Everything is counted from that moment.
- The reason given for the arrest, in whatever words the person remembers.
- Hotel, rental or employer details, so the lawyer can show a fixed address and ties.
- Travel documents: tickets, boarding passes, bookings, which help to prove where the person was.
- Medical information and medication, since the police must be told of any treatment the person needs.
- Names and numbers of companions and witnesses, to be approached only by the lawyer.
- Photographs, videos and messages from the evening, saved before they are lost.
- Proof of work, study or residence, such as a contract, a student card or a lease.
Appoint a family member as the contact for the lawyers and keep a log of every call, with time, speaker and content. French custody moves in short steps, and a log keeps the family from contradicting itself.
Do not worry if the list is long and you hold only a few items. Send what exists, mark what you are trying to obtain, and let the lawyer decide the order. In French custody, a partial but timely folder is worth more than a perfect folder that arrives after the decision.
Questions to put to the lawyer in the opening hours
These questions are fitted to the French process and to the pace at which it runs.
- How long has custody been running, and when is the next decision, including any extension, due?
- Has the prosecutor extended custody, and are the reasons in writing?
- Is the lawyer present for questioning, and have I seen the person in private?
- What is the person suspected of, and does the file suggest the charge could change?
- After custody, what are the possible outcomes: release, a summons to appear, supervision, or detention before trial?
- Since there is no bail in the usual sense, what arguments support release, and what documents do we need?
- Is there any risk that another state wants the person, and is a warrant involved?
- What can I send or do from abroad, and how do I send money or belongings?
- Do I need an Italian lawyer as well as a French lawyer, and how will they work together?
Ask the lawyer to explain each answer in everyday words. Custody terms translate badly, and a relative who misunderstands a stage may take a wrong decision.
Write the answers down with the time of the call. French custody moves in short stages, and the information given at a certain hour may be out of date at the next. A time-stamped log lets the family see what changed and when.
Several people offer to help in the opening hours, and their roles do not overlap as much as families expect. This clarifies what each one covers.
| Role | What it covers | Where it stops |
|---|---|---|
| Lawyer admitted in France | Attending questioning, access to the file and arguing before the magistrate | Cannot deal with a parallel Italian proceeding |
| Italian lawyer | Choosing and briefing French counsel, and handling the Italian end | Cannot address the French court directly |
| Duty lawyer | Available immediately so that questioning can lawfully begin | Comes to the file cold, with no background from the family |
| Italian consulate | Notification, welfare checks and confirming identity | Does not defend you and takes no part in the proceedings |
| Family in Italy | Gathering the papers and ties that answer the risk assessment | Receives no information from the French police directly |
Distance, language and the Italian consulate in Paris
Paris is close to Italy by air and rail, with direct services from many Italian cities, which makes it tempting for relatives to leave immediately. The geography is helpful but it should not drive the decision.
Arriving gives you the chance to meet the lawyer and to bring documents, but access to a person in custody is limited, and visits are not available in the way families expect. A relative who flies in will often find that the earliest useful thing to do is provide papers and wait. Ask the lawyer whether your presence will help.
French is the language of the procedure. Many officers will speak some English, but statements, notices and decisions are in French. An interpreter should be provided at questioning, and essential documents should be translated. If you do not receive them, say so, and make sure the lawyer knows.
The Italian consulate in Paris is the office for Italian nationals. It can confirm that a person is held, can help with contact, and can issue emergency travel documents. It does not choose lawyers, pay fees or discuss the evidence. Nationals of other countries should contact their own consulate.
Time differences with other continents add to the difficulty. Fix times for calls with the French lawyer, the Italian lawyer and the family, and keep them.
Post and documents between countries are slow. Use email and secure messaging for scanned copies and keep originals safe.
How the firm supports clients arrested in Paris
Because French custody is short, the firm's work is organised around speed and coordination. Contact begins by email to avvmassimoromano@gmail.com or by the number on the contact page. Send what you have, even if it is only a name and the information that the person was taken into custody.
The initial call establishes the time of arrest, the station if known, the suspected offence and the status of any lawyer. The firm then works with correspondent lawyers in Paris who can act in French custody and appear at the stages that follow. An Italian lawyer cannot take the place of a French avocat in French proceedings, but the firm coordinates with the French lawyer, explains the process in English, and keeps the family informed after each step.
Where the case also touches Italy, for example because of an Italian warrant, a prior Italian case or an Italian national, the firm takes charge of the Italian side. It also gives the family a clear picture of which decisions belong to them and which belong to the lawyers.
Offices are in Rome, Milan and Naples. Meetings and calls take place in person or by video, and conversations with you are in English. The firm is reachable around the clock, which matters when custody runs through the night.
The firm can also help to arrange translation of documents and the transfer of money or belongings, after the French lawyer confirms how it is done.
Mistakes to avoid in Paris custody
People in French custody make a few errors repeatedly, and families add some of their own.
- Do not waive the right to a lawyer. Questioning without a lawyer is allowed only if you choose it, and the choice is rarely wise.
- Do not rely on a few words of English with the officer. Ask for an interpreter and for the statement to be read back to you.
- Do not sign what you cannot read, or a statement that does not say what you said.
- Do not give passwords or unlock your phone unless advised by the lawyer.
- Do not discuss the case with other people in the cell. Others may repeat what you say.
- Do not ask relatives to contact the complainant or witnesses. It looks like pressure.
- Do not post about the arrest.
- Do not rush to Paris before the lawyer has said whether it helps. A trip may cost money and give little access.
Families sometimes send messages to the person through friends or social media. Do not do it: a message may be read by the authorities and may be used.
If you are unsure whether something is wise, wait and ask. In custody, a pause of a few hours is rarely costly, while a hasty statement, signature or message can stay with the file for a long time. The lawyer would rather hear a question than discover a mistake.
French and Italian words you will see on custody papers
The French papers and the lawyers' explanations use specific terms. The following are those most likely to appear.
- Garde à vue: police custody, a short period of detention for questioning, ordered by the police under the control of the prosecutor.
- Prolongation: extension of custody, decided by the prosecutor in writing and with reasons, and available only for certain offences.
- Avocat: the lawyer, whose presence is required before questioning begins.
- Parquet: the prosecutor's office, which supervises custody and decides what follows.
- Mise en examen: the formal placing of a person under investigation by an investigating judge, which gives rights and opens the way to measures.
- Contrôle judiciaire: judicial supervision, a set of conditions short of detention.
- Détention provisoire: pre-trial detention, ordered by a judge after custody.
- Mandato d'arresto europeo: the European arrest warrant, the Italian name for the instrument that may be used if another state wants the person.
- Consolato: the Italian word for consulate, which families will meet in Italian communications.
If the notice uses a term that is not listed, send a photograph to the lawyer. Do not rely on a quick machine translation of a French procedural word.
Keep this list beside the log. Terms such as extension, supervision and detention before trial mark very different stages, and families who mix them up give the wrong news to relatives and employers. Ask the French lawyer to name the stage each time you speak.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp