Criminal Lawyer in Agadir: From Police Custody to Trial, Your Rights at Each Stage

A phone call in the middle of the night: a brother, a son or a spouse has just been arrested in Agadir. Or a summons from the judicial police slipped under the door. At moments like these, people rarely know who to turn to or what will happen next. Yet in criminal matters the first hours often shape everything that follows: what is said, signed or left out during the investigation stays in the file until judgment. This guide describes the stages of a criminal case in Agadir, the rights of the person under suspicion and of the victim, and what a criminal lawyer can do at each step.

Police custody: what happens in the first hours

Police custody (garde à vue) allows the judicial police or the gendarmerie to hold a person for the purposes of an investigation. Its length is set by the Code of Criminal Procedure: as a rule 48 hours, which may be extended by 24 hours with the prosecutor’s written authorisation, and longer for certain serious offences.

During this time, the person in custody has rights that the officer must explain to them:

• to be told the reasons for the arrest;
• to remain silent;
• to have their family informed;
• to request the assistance of a lawyer, under the conditions set by the Code of Criminal Procedure, which was recently reformed to strengthen this right;
• to have an interpreter if they do not understand the language used, and a medical examination if their condition requires it.

One essential piece of advice: never sign a police statement you have not read or understood. You can ask for it to be read back to you and have your reservations recorded. Statements taken during the investigation carry significant weight in court, especially for lesser offences.

Appearing before the Agadir prosecutor

When custody ends, the person is brought before the public prosecutor. For lesser offences (délits), this is the King’s prosecutor at the Agadir or Inezgane court of first instance, depending on where the events took place. For serious crimes, it is the King’s Prosecutor General at the Agadir Court of Appeal.

The prosecutor may then:

• drop the case, or prosecute the person while at liberty, with a summons to a later hearing;
• prosecute them in detention and bring them before the court, particularly when caught in the act;
• refer the case to an investigating judge, which is compulsory for the most serious crimes and possible in other cases.

This is often the stage at which a lawyer can put forward guarantees — a stable address, a job, family ties — to avoid detention.

The investigating judge and pre-trial detention

The investigating judge conducts an in-depth inquiry: questioning, confrontations, expert reports. Pre-trial detention is in principle an exceptional measure; the judge may prefer judicial supervision, such as reporting obligations, a ban on leaving the country or surrender of a passport. The lawyer can apply for provisional release at several stages of the proceedings, backed by concrete guarantees.

Lesser offences and serious crimes: which court in Agadir?

• Lesser offences — simple theft, assault, fraud, breach of trust, issuing a bounced cheque, drink-driving — are tried by the criminal division of the court of first instance in Agadir or Inezgane.
• Serious crimes are tried by the criminal chamber of the Agadir Court of Appeal, at first instance and then on appeal before another bench of the same court.

The role of a criminal lawyer in Agadir

A lawyer’s work does not start at the hearing. It begins well before:

• studying the file and police statements to spot contradictions, procedural irregularities and possible grounds for nullity;
• preparing the client for questioning and for the hearing;
• gathering evidence in their favour: witnesses, certificates, documents and expert reports;
• proposing suitable solutions, such as the alternative sentences provided for by Law 43-22 where they apply;
• arguing for acquittal, for the charges to be reclassified or, failing that, for a proportionate sentence.

Victims’ rights

The victim of an offence can file a complaint with the King’s prosecutor or the judicial police, then join the proceedings as a civil party to obtain compensation for their loss: medical costs, lost income and non-financial harm. The lawyer drafts the complaint, gathers evidence such as a medical certificate, witnesses and photos, and puts a figure on the compensation claim. In cases of violence between spouses, specific protection measures exist: see domestic violence in Morocco.

Appealing a criminal judgment

A criminal judgment can be appealed, as a rule within 10 days of being handed down, and then challenged before the Court of Cassation. These deadlines are very short, so you should consult a lawyer as soon as judgment is given.

A worked example

A young man from Agadir is arrested one evening after a fight outside a café. His family calls the lawyer that night. The next day, before he is brought before the prosecutor, the lawyer gathers an employment certificate, a certificate of residence and the family record book. The prosecutor decides to prosecute him while at liberty. At the hearing, the lawyer points out contradictions between the witnesses’ statements and shows that his client was injured too: the court imposes a suspended sentence instead of a prison term. This simplified example shows why it matters to act from the first hours and to prepare guarantees before the appearance before the prosecutor.

Key takeaways

• Police custody lasts 48 hours as a rule, extendable by 24 hours, and longer for some serious offences.
• Never sign a statement you have not read or understood.
• Lesser offences are tried by the court of first instance; serious crimes by the criminal chamber of the Agadir Court of Appeal.
• The deadline to appeal in criminal matters is very short: 10 days as a rule.

Frequently asked questions

Can a lawyer visit someone arrested in Agadir?

Yes, under the conditions set by the Code of Criminal Procedure. Contact the lawyer as early as possible: they can get in touch with the judicial police and the prosecutor’s office and prepare for the appearance before the prosecutor.

What should I do if I receive a summons from the judicial police?

Do not ignore it, and do not go unprepared. See a lawyer before you are questioned: they will explain what you are accused of, your rights and how to answer.

Is provisional release possible?

Yes. It can be requested from the investigating judge or the court by providing guarantees: a fixed address, employment, family situation and, where appropriate, bail.

Does the office also represent victims?

Yes. The office assists victims of assault, fraud, breach of trust and accidents to assert their rights and obtain compensation.

A criminal lawyer in Agadir and Inezgane

The office of Maître Said Laachili handles criminal law cases before the courts of Agadir and Inezgane, for the defence and for victims. For an overview of all practice areas, read lawyer in Agadir: which lawyer for which case? and our practical guide to the courts of Agadir. In an emergency, contact the office or visit our lawyer in Agadir page.