Criminal law — Immediate appearance

Immediate appearance lawyer in Metz and Luxembourg

The immediate appearance trial (comparution immédiate) judges fast — sometimes only hours after referral. It is a procedure where command of time and of the file makes all the difference: requesting an adjournment to prepare the defence, challenging pre-trial detention, pleading for a tailored sentence. My role is to intervene without delay.

Does this apply to you?

These situations call for immediate contact — preparation is counted in hours.

You or a relative are referred to the prosecutor at the end of police custody.
The prosecutor has chosen an immediate appearance before the criminal court.
You fear pre-trial detention while awaiting the hearing.
You have had no time to gather the documents useful to your defence (proof of address, employment, guarantees).
A judgment has just been delivered at an immediate appearance and you are considering an appeal.
You wish to plead a tailored sentence rather than imprisonment.

Requesting an adjournment to prepare the defence

Where the case cannot be tried calmly, the lawyer may request an adjournment (art. 397-1) to obtain the time needed to study the file, gather supporting documents and prepare the plea. This period — usually 2 to 6 weeks — is often decisive for the quality of the defence.

In return for an adjournment, the court rules on liberty: release, judicial supervision, or pre-trial detention. The discussion on guarantees of appearance (address, employment, family situation) is prepared immediately.

Challenging pre-trial detention

If pre-trial detention is contemplated or ordered, the lawyer pleads the guarantees of appearance and, where appropriate, proposes alternatives (judicial supervision, house arrest under electronic monitoring). A request for release can be made at any time.

Plea, sentence and appeals

At the hearing, the defence addresses the classification, the circumstances and the personality, aiming at individualisation of the sentence and, where possible, a tailored measure (suspended sentence, community service, home detention under tag). If the judgment is unfavourable, an appeal is possible within 10 days (art. 498). The CRPC is a separate route that presupposes an admission of the facts.

Frequently asked questions

What happens at an immediate appearance?

You are referred to the prosecutor at the end of custody, then brought before the criminal court the same day or the next. The court may try immediately (if the defence is ready and agrees), adjourn the case for 2-6 weeks to prepare the defence (with or without pre-trial detention), or order a security measure. The decision on liberty is taken there and then.

Can I ask for time to prepare my defence?

Yes. The lawyer may request an adjournment under article 397-1 of the Code of Criminal Procedure. The court then sets a later hearing and rules on your liberty in the meantime (release, judicial supervision or pre-trial detention).

Will I necessarily go to prison?

No. Pre-trial detention is not automatic and the sentence depends on many factors. The lawyer pleads the guarantees of appearance and individualisation of the sentence, seeking, where possible, a tailored measure rather than imprisonment.

Can I appeal an immediate appearance judgment?

Yes, within 10 days (art. 498), before the criminal appeals chamber of the Metz Court of Appeal. The lawyer assesses the merits and prospects of the appeal in light of the judgment.

Do you act urgently on the day of the hearing?

The firm acts on fast-track procedures within the Metz jurisdiction. Given the very short deadlines, contact should be as early as possible — ideally from the referral.

Official sources & resources

An immediate appearance? Every hour counts

For any emergency (referral, appearance), call directly. The first assessment meeting is free for other situations. Offices in Metz (Metz Bar) and Luxembourg City (Luxembourg Bar).

Book a meeting 03 87 75 26 95