The criminal process · Navarra & all of Spain
Criminal emergencies: available 24 hours
An arrest doesn't wait for office hours. Immediate assistance for the detainee at the police station or duty court, anywhere in Spain, 365 days a year — in your own language.
The first hours decide everything
What happens between the arrest and the appearance before a judge shapes the whole case: what is said — or not said —, how the police diligences are carried out, and how the case reaches the duty court. That's why I answer emergencies 24 hours a day: to be at the police station before any statement, learn the file and prepare the strategy with you from minute one.
The golden rule is simple: a detainee has the right to remain silent and to make a statement only with their lawyer present. It is never wise to talk before speaking privately with the defence.
A detainee's rights in Spain
- To be informed of the facts alleged and the reasons for the arrest.
- To remain silent, not to incriminate themselves and not to confess guilt.
- To appoint a lawyer of their choice and speak with them privately — including before any statement.
- Notification of the arrest to a relative and, for foreign nationals, to their consulate; a free interpreter if they don't speak Spanish.
- To be examined by a doctor on request.
Police custody cannot exceed 72 hours: before that limit the person must be released or brought before a judge. If custody is unlawfully prolonged, the habeas corpus procedure allows a judge to review it immediately.
What the family should do
If a family member has been arrested: call me as soon as possible with whatever details you have (where they are held, since when, and on what allegations if known). I handle the rest: filing my appointment as chosen counsel, attending the police station or duty court, assisting at the statement and — if a remand hearing is called — fighting for their liberty. I speak English: the family gets information directly, with no intermediaries.
Frequently asked questions
What you need to know about arrest in Spain
How long can police custody last in Spain?
A maximum of 72 hours, and only as long as strictly necessary to clarify the facts. Before that deadline the person must be released or brought before a judge. If the limit is exceeded or the detention is irregular, habeas corpus can be filed for immediate judicial review.
Must a detainee make a statement at the police station?
No: they have the right to remain silent and not to incriminate themselves. In practice it is almost never advisable to make a statement at the police station without preparing it with a lawyer first. Silence cannot be used as evidence of guilt.
My relative was arrested in the middle of the night — what do I do?
Call +34 618 529 393 at any hour. I need to know where they are being held and, if known, on what allegations. From there I file my appointment as chosen counsel and attend the police station or duty court to assist them before they make any statement.
Can I choose a lawyer even if a duty lawyer was already assigned?
Yes. The right to appoint a lawyer you trust exists at any moment — including during custody and even if a legal-aid lawyer has already intervened. The detainee or their family simply needs to communicate the appointment.
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