Area of defence · Navarra & all of Spain
Defence in drug trafficking cases
Full defence in cases of trafficking, possession and distribution — from the arrest itself, anywhere in Spain. One of my areas of greatest dedication.
What Spanish law says
Drug trafficking is set out in article 368 of the Spanish Criminal Code, which punishes cultivation, production, trafficking and any act that promotes or facilitates illegal drug consumption. Penalties depend chiefly on the substance: for those seriously harmful to health (cocaine, heroin, ecstasy…), 3 to 6 years in prison; for the rest (hashish, marijuana), 1 to 3 years, plus a fine.
There are aggravated forms — notably large quantity, membership of an organisation, a leading role — that can raise the penalties considerably, and an attenuated form for minor cases. Framing the facts correctly makes an enormous difference to the outcome.
Where the defence is won
In my experience, a good share of these cases are decided on procedure, long before trial. I systematically review the lawfulness of the home search (which requires a reasoned judicial warrant except in flagrante or with consent), the chain of custody of the substance — any break can invalidate the evidence —, the expert analysis of quantity and purity, and how wiretaps and surveillance were carried out.
One badly executed diligence can drag down every piece of evidence derived from it. Detecting those irregularities in time, during the investigation, is exactly the technical defence I devote myself to.
How I work these cases
- Assistance from the arrest and first statement, at the police station or duty court, 24 hours.
- Full study of the file: searches, custody of the substance, expert reports and intercepts.
- Defence against pre-trial detention and appeals against precautionary measures.
- A strategy fitted to the case: own consumption, shared consumption, the attenuated form — where the facts allow.
- Trial and appeals, up to cassation.
Frequently asked questions
Common questions about drug cases
What is the penalty for drug trafficking in Spain?
It depends on the substance and circumstances: 1–3 years for substances not seriously harmful to health and 3–6 years for those that are, plus a fine. With aggravating factors such as notably large quantity or an organisation, penalties can be much higher. Every case needs individual analysis.
I was caught carrying drugs — is that automatically trafficking?
Not necessarily. Possession for your own consumption is not a crime in Spain, though it can carry an administrative fine. Whether possession is deemed destined for sale rests on circumstantial signs — quantity, packaging, items found — and every one of those signs can be challenged.
Can the police search my home without a warrant?
As a rule, no: the home is inviolable and a search requires a reasoned judicial warrant, save for the owner's consent or a crime in flagrante. A search outside those cases can be null — and with it the evidence obtained.
What is the chain of custody and why does it matter so much?
It is the documented record guaranteeing that the substance analysed is the same one seized, without alteration or mix-ups. If the chain of custody is broken or poorly documented, the reliability of the evidence is compromised — and in many cases that is the key to the defence.
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