Stage 1 — Police custody and customs detention
In drug cases, police custody can last up to 96 hours and the lawyer's involvement can be deferred (Articles 706-73 and 706-88 of the Code of Criminal Procedure). When customs are involved, customs detention often precedes police custody.
The first statements weigh on the entire case. The lawyer decides with the client how to use the right to remain silent, and checks the notification of rights, the presence of an interpreter, the regularity of extensions and the conditions of the arrest. An irregularity at this stage can bring down the rest of the proceedings: it was on a procedural defect raised by the defense that defendants were recently released in a customs surveillance case (L'Union).
Stage 2 — Immediate appearance
For offences of possession, transport or supply caught in the act, the prosecution often opts for immediate appearance. This is the case at the Bobigny court for couriers arrested at Roissy airport.
The defendant can refuse to be tried on the same day. As trafficking is punishable by ten years' imprisonment, the case is then postponed by two to four months (Article 397-1 of the Code of Criminal Procedure), with a risk of pre-trial detention in the meantime. Accepting or refusing is decided within minutes, after reading the case file: see our article on immediate appearance in Paris, Bobigny and Nanterre.
Stage 3 — The guilty plea procedure (CRPC)
The appearance on prior admission of guilt (Articles 495-7 to 495-16 of the Code of Criminal Procedure) makes it possible, where the facts are admitted, to negotiate the sentence with the prosecutor. The prison sentence proposed may not exceed three years or half the sentence incurred (Article 495-8), and it must then be approved by a judge.
A lawyer is mandatory. Their role: assessing whether the guilty plea is really more favourable than a trial, discussing the length of the sentence, suspension, immediate adjustment of the sentence and confiscations. The defendant may ask for ten days to think it over. A guilty plea can also take place at the end of a judicial investigation (Article 180-1).
Stage 4 — Judicial investigation and pre-trial detention
Large-scale cases are entrusted to an investigating judge, often within a specialised interregional court (JIRS) and, since Law no. 2025-532 of 13 June 2025, under the impetus of the National Prosecutor's Office against Organised Crime (PNACO).
This is the stage where the defense has the most leverage:
- Status: obtaining the status of assisted witness (témoin assisté) rather than being placed under formal investigation.
- Pre-trial detention: in trafficking cases, it can last up to two years for a misdemeanour and four years for a felony (Articles 145-1 and 145-2). Applications for release, judicial supervision, electronic tag, appeals before the investigating chamber.
- Nullities: phone tapping, geolocation, bugging, encrypted messaging (EncroChat, Sky ECC), searches, the separate police report introduced by the 2025 law. The application must be filed within six months of each questioning (Article 173-1).
- Requests for investigative steps: expert reports (weighing, purity rate, DNA), hearings, confrontations, analysis of phone records (Article 82-1).
- Assets: challenging the seizure of bank accounts, vehicles and property, protecting relatives acting in good faith.
An investigation can end with the case being dismissed. The client can then be compensated for the pre-trial detention served, as the firm obtained before the National Commission for Compensation for Detention (Court of Cassation).
Stage 5 — Trial and appeal
Misdemeanours are tried by the criminal court; felonies by a special assize court made up of professional judges, without a jury (Article 706-27). Network trials sometimes bring together dozens of defendants: it is then necessary to defend the client's exact role.
The levers are the legal characterisation (a courier is not an organiser, a "stash keeper" is not an importer), the organised gang aggravating circumstance, the material evidence, and the individualisation of the sentence. The time limit for appeal is ten days (Article 498).
Stage 6 — Sentence enforcement
After conviction, the lawyer applies for any available adjustments before the sentence enforcement judge: home detention under electronic monitoring, day release, parole. They also assist prisoners in challenging decisions of the prison administration.
FOCUS Seizures at sea: Martinique, Guadeloupe, French Polynesia
The interception of sailing boats, go-fast boats and cargo ships on the high seas is subject to a specific regime: the 1988 Vienna Convention (Article 17), Law no. 94-589 of 15 July 1994 and Articles L. 1521-1 et seq. of the Defence Code. Lawfulness of the boarding, consent of the flag state, length of deprivation of liberty on board, review by a judge: these are the first points the defense examines. The European Court of Human Rights has already found against France on this issue (ECHR, Grand Chamber, Medvedyev and Others v. France, 29 March 2010).
These multi-tonne cases often involve foreign crews, distant overseas courts and long periods of detention. The firm acts from Paris and on the ground. These cases are generally investigated by the JIRS specialised units, an area in which Maximilien FOURT's firm works every day.
The firm has recognised experience in this field (see the cases handled by the firm).
International cases and foreign nationals
European arrest warrants, extraditions, international letters rogatory: drug trafficking is by nature cross-border. Maître Fourt regularly defends American, British, Colombian, Spanish and Japanese nationals, in French, English and Spanish, working with families and consulates.
Frequently asked questions
How long can police custody last for drug trafficking? Up to 96 hours (Article 706-88 of the Code of Criminal Procedure).
Should you talk in police custody? It depends on the case. The right to remain silent is guaranteed; the strategy is defined with the lawyer from the very first interview.
Should you accept a guilty plea (CRPC)? Not systematically. The sentence offered must be compared with what can be obtained at a hearing, in light of nullities and weaknesses in the case.
What is the sentence for transporting drugs? Up to 10 years' imprisonment and a €7,500,000 fine (Article 222-37 of the Criminal Code), more if importation or organised gang charges are upheld.
Can cooperating lead to a reduced sentence? "Repentant" status (Article 132-78 of the Criminal Code) can lead to an exemption or reduction of sentence. It is a weighty decision that requires specialised advice.
Can my family's property be seized? Yes, under certain conditions (Articles 131-21 and 222-49 of the Criminal Code). Third parties acting in good faith have remedies.
References: Articles 222-34 to 222-49, 131-21 and 132-78 of the Criminal Code; L. 3421-1 of the Public Health Code; Articles 82-1, 145-1, 145-2, 173-1, 180-1, 397-1, 495-7 to 495-16, 498, 706-27, 706-73 and 706-88 of the Code of Criminal Procedure; Law no. 2025-532 of 13 June 2025; ECHR, GC, Medvedyev v. France, 29 March 2010.