Immediate appearance: every hour counts
Within a few hours, a court can impose a custodial sentence and order the defendant's immediate committal to prison at the hearing. Immediate appearance is the fastest and harshest criminal procedure in the French system.
Choosing an experienced immediate appearance lawyer, present from the moment the person is brought before the prosecutor, makes a concrete difference to the outcome: procedural nullities, requests for postponement, guarantees of appearance, alternatives to detention.
Maître Maximilien Fourt, criminal defense lawyer at the Paris Bar, appears every week before the immediate appearance chambers of the Île-de-France region and throughout France. This article explains the procedure, your rights and how a defense is built in a matter of hours.
What is immediate appearance?
Immediate appearance allows the public prosecutor to have a person tried on the very day their police custody ends, without any further investigation or judicial inquiry. It is governed by Articles 393 to 397-7 of the Code of Criminal Procedure.
Under Article 395 of the Code of Criminal Procedure, it is possible:
- for any offence punishable by at least two years' imprisonment, if the evidence is sufficient and the case is ready to be tried;
- in the case of an offence caught in the act, where the sentence incurred is at least six months' imprisonment.
The offences most often tried under this procedure are violence (particularly domestic violence), aggravated theft, drug use and trafficking, insulting or resisting public officials, driving offences, and illegal residence combined with other offences.
It is excluded for minors, press offences (with some exceptions), political offences and offences governed by a special procedure (Article 397-6 of the Code of Criminal Procedure).
From being brought before the prosecutor to the hearing: how an immediate appearance unfolds
Between the end of police custody and the judgment, often less than 24 hours pass. The steps are as follows:
- Being brought before the prosecutor. At the end of police custody, the person is taken to the court and brought before the prosecutor (Article 393 of the Code of Criminal Procedure). They are informed of the alleged facts, their legal characterisation and their right to a lawyer of their choice or a court-appointed lawyer.
- Access to the case file and meeting with the lawyer. The lawyer immediately consults the case file and speaks freely with the client. They can already submit observations to the prosecutor on the regularity of the proceedings, the characterisation of the offence or shortcomings in the investigation.
- The rapid social inquiry. A social inquiry service meets the defendant to check their personal, family and professional situation. These elements will weigh on the decision on detention.
- The hearing. The presiding judge confirms the defendant's identity and informs them that they can only be tried on the same day with their consent, given in the presence of their lawyer (Article 397 of the Code of Criminal Procedure).
- Judgment or postponement. The court either tries the case immediately or postpones it to a later hearing, ruling in the meantime on whether the defendant remains free.
If the court cannot sit on the same day, the prosecutor may refer the case to the Liberty and Custody Judge, who may remand the defendant in custody or place them under judicial supervision until the hearing, which must take place no later than the third working day after (Article 396 of the Code of Criminal Procedure).
Your rights at an immediate appearance: postponement, detention, appeal
The defendant is never obliged to agree to be tried on the same day. This strategic choice is made with the lawyer, in light of the case file.
Postponement to a hearing set between 4 and 10 weeks later, unless the minimum time limit is expressly waived
Immediate appearance in Paris, Bobigny and Nanterre
The three judicial courts of Paris, Bobigny and Nanterre handle a large number of immediate appearances every day. Each has its own practices, schedules and prosecution policy, which the lawyer must know.
Immediate appearance lawyer in Paris
At the Paris Judicial Court (Parvis du Tribunal de Paris, 17th arrondissement), immediate appearances are mainly tried by the 23rd criminal chamber. Defendants arrive from the holding cells in the late morning and hearings often run late into the evening. The firm, located on rue Condorcet in the 9th arrondissement, is a few minutes from the court.
Immediate appearance lawyer in Bobigny
The Bobigny Judicial Court (Seine-Saint-Denis) is one of the busiest courts in France. Its jurisdiction covers Paris-Charles-de-Gaulle airport: many foreign travellers are tried there by immediate appearance, particularly for importing drugs. Maître Fourt, who pleads in English and Spanish, regularly assists American, British, Colombian, Spanish and Japanese nationals.
Immediate appearance lawyer in Nanterre
The Nanterre Judicial Court (Hauts-de-Seine) hears cases from the whole département, from La Défense to Boulogne-Billancourt. Hearings are fast, and preparing the defense around the defendant's personal circumstances is decisive.
The firm also appears before the courts of Créteil, Évry-Courcouronnes, Versailles, Pontoise, Meaux and throughout France, including the overseas territories.
The role of the criminal defense lawyer at an immediate appearance
At an immediate appearance, the defense is built within a few hours. A lawyer chosen and informed from the police custody stage has precious time that a lawyer discovering the case at the hearing does not.
- Checking the regularity of the proceedings. Arrest, notification of rights, custody time limits, searches: any irregularity may support a plea of nullity, raised before any defense on the merits.
- Choosing between immediate trial and postponement. Agreeing to be tried on the same day can be advantageous when the case is weak; requesting a postponement is preferable when evidence needs to be gathered or the defendant's personal circumstances prepared.
- Avoiding pre-trial detention. The lawyer urgently gathers guarantees of appearance: proof of address, employment contract, certificate of accommodation, children's school certificates. The family plays an essential role here.
- Avoiding committal at the hearing. The lawyer argues for an individualised sentence and proposes alternatives: probationary suspended sentence, community service, home detention under electronic monitoring, immediate sentence adjustment.
- Preparing the next steps. Appeal, application for release, sentence adjustment before the sentence enforcement judge.
What the family can do straight away
- Contact the chosen lawyer as soon as the police custody or the referral to the prosecutor is announced.
- Gather supporting documents: identity document, proof of address, employment, income, family situation, any medical follow-up.
- Go to the court to hand the documents to the lawyer and attend the hearing, which is public.
Frequently asked questions about immediate appearance
Can immediate appearance be refused?
Yes. The defendant can refuse to be tried on the same day. The case is then postponed to a hearing set four to ten weeks later, and the court decides whether they remain free, are placed under judicial supervision or are remanded in custody.
How long does an immediate appearance last?
The hearing of a case often lasts from 20 minutes to an hour. Between the end of police custody and the judgment, generally less than 24 hours pass.
Can you go to prison after an immediate appearance?
Yes. The court can impose a custodial sentence with immediate committal at the hearing, whatever its length. An experienced lawyer can obtain an alternative or adjusted sentence.
How do I find a lawyer for an immediate appearance in Paris, Bobigny or Nanterre?
The person brought before the court, or their family, can appoint the lawyer of their choice at any time. Simply give the lawyer's name to the investigators or the court registry. Otherwise, a court-appointed lawyer is designated by the President of the Bar.
Can a judgment given at an immediate appearance be appealed?
Yes, within ten days. If the defendant is in custody, the court of appeal must rule within four months, failing which they are released.
Can a foreign national be tried by immediate appearance?
Yes. They are entitled to an interpreter at every stage and to have their consulate informed. The firm assists its clients in French, English and Spanish.