Arrested
in Spain

Article 17 of the Spanish Constitution and article 520 of the Criminal Procedure Act give every detained person, among others, these rights:

• To be told immediately, in writing and in a language they understand, what they are accused of and why they have been arrested.
• To remain silent, not to answer some or all questions, and to say that they will only make a statement before the judge.
• Not to incriminate themselves or plead guilty.
• To appoint a lawyer of their choice and to speak to that lawyer privately before any statement.
• To access the parts of the file that are essential to challenge the lawfulness of the arrest.
• To have a relative or another person told of the arrest and, for foreign nationals, to have their consulate informed.
• To a free interpreter and to be seen by a doctor.

An arrest may last only as long as strictly necessary and never more than 72 hours. Within that time the person must be released or brought before the duty judge. An unlawful or excessive detention can be challenged immediately through habeas corpus.

Before the duty judge, the person may be released with no conditions, released with conditions (reporting to court, surrender of passport, a restraining order) or remanded in custody after a hearing at which the defence can argue and present evidence. Simple cases may be dealt with as juicios rápidos, fast-track trials that can be resolved within days.

Call as soon as possible with the full name of the person arrested and, if you know it, the police station or Guardia Civil post where they are held. The lawyer contacts the station, is appointed as the lawyer of choice and attends the private interview before any statement. Meanwhile, the person can simply say they will not make a statement until their lawyer arrives.

We cover Málaga, the whole Costa del Sol and Melilla in person, and coordinate defence anywhere else in Spain.

Do I have to answer police questions in Spain?

No. Silence is a right, not an obligation. In many cases it is wiser not to make a statement at the police station and, if appropriate, to speak later before the judge once the file and the evidence are known.

Can I change the duty lawyer for a lawyer of my choice?

Yes. A lawyer of choice can be appointed at any time, including during the arrest. The duty lawyer steps aside when the chosen lawyer accepts the case.

I am a tourist. Will I be allowed to leave Spain?

It depends on the case. Often the person is released and can go home while the case continues, sometimes with conditions. In a fast-track trial the matter may be resolved before leaving. The defence should argue this at the first hearing.

Will my embassy be told?

Foreign nationals have the right to have their consulate informed of the arrest. The consulate can provide information and support, but it cannot act as defence counsel.