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When can I be taken into custody? What are my rights or those of the police?
You can be taken into custody for any type of misdemeanor or crime that carries a prison sentence. This can happen if you are caught red-handed, for example for a theft or during a roadside check that reveals a high blood alcohol level. The police officer who alone ascertains the facts assesses whether there is reason to place you in police custody. It is also possible to be placed in police custody as part of a preliminary investigation, after a search or a summons.
Police rights
In the context of police custody , the police officer has the right to use handcuffs. It is not compulsory but it is very often the case in practice. There are no timetables to respect for placement in police custody unless there is a search since this is only done between 6 am and 9 pm The policeman can force the person to go into police custody, the latter does not have the right to refuse to follow him. During police custody, he can proceed to an immediate hearing on the identity of the person and on the merits of the case under certain conditions.
My rights in custody
When you are placed in police custody, you have a period of two hours during which you can refuse to be questioned on the facts without the presence of your lawyer. It is possible that the latter will be present during the hearings and confrontations. The lawyer can thus check the minutes. We have the right to remain silent. You can request that your employer and family be notified.
DAMY law firm – criminal law – Update 2016
