Arrested in Spain: What to Do as an Expat (Advice from a Criminal Lawyer)
Finding yourself under arrest in Spain can be a frightening experience – especially if you’re an expat unfamiliar with the language or legal system. It’s crucial to know your rights and the steps to take if you or someone you know is detained by the Spanish authorities. As criminal lawyers with experience assisting foreigners in Spain, we’ve outlined key advice to help you navigate this stressful situation.
Stay Calm and Know Your Rights
First and foremost, remain calm and respectful during the arrest. Resisting or arguing can worsen the situation. Spanish law grants several important rights to anyone detained, including foreign nationals:
- Right to Remain Silent: You are not obliged to answer questions beyond providing identification details. It’s often wise to exercise this right until you have legal counsel present. Simply and politely state that you choose not to make a statement at this time.
- Right to an Attorney: You have the right to a lawyer. If you do not have one, a duty lawyer (abogado de oficio) will be appointed for you free of charge. However, the appointed lawyer may not speak English or be experienced with expat cases. You can request an English-speaking criminal lawyer in Spain as soon as possible.
- Right to an Interpreter: If you do not understand Spanish, request an interpreter. Spanish authorities are required to provide translation assistance during interrogations and legal proceedings.
- Right to Inform Someone: You can ask the police to notify your country’s consulate or a family member about your arrest. For example, British citizens may ask for the British Consulate to be informed, which can offer some assistance.
Initial Detention and Police Station Procedures
After arrest, police may hold you in custody for up to 72 hours before you must be brought before a judge. During this period:
- You will be taken to a police station (comisaría) for identification and to make a statement if you choose (remember: you can remain silent).
- It’s advisable not to sign any documents or statements you don’t fully understand. Wait for your lawyer or interpreter to explain them to you.
- Use your phone call to contact a trusted person or our law firm directly. Often, expats will reach out to a friend or relative, who in turn can contact a lawyer on their behalf. Our firm is accustomed to urgent calls of this nature and can intervene quickly.
- The police report (atestado) will be prepared, outlining the reasons for your arrest and any evidence. This will later be given to the court.
Court Hearing and Possible Outcomes
Within 72 hours, you will appear before a judge (in a proceeding called diligencias urgentes if it’s a fast-track case, or diligencias previas for standard cases). At this hearing:
- The judge will confirm whether your arrest was legal and inform you of the charges. You (and your lawyer) will have access to the basics of the evidence against you at this stage.
- The judge will decide on pre-trial measures. Depending on the severity of the alleged crime and your personal circumstances, you could be:
- Released without charges (if evidence is insufficient or it’s a misunderstanding).
- Released on bail or other conditions (passport surrender, periodic check-ins, etc.).
- Kept in pre-trial detention (prisión preventiva) if the judge deems you a flight risk or a danger, typically reserved for serious offenses.
Having a competent criminal lawyer by your side at this hearing is vital. We can advocate for your release or reasonable bail by highlighting your community ties and cooperation.
The Importance of Legal Representation
Navigating Spain’s legal process as a foreigner is challenging. An English-speaking criminal defense lawyer will ensure:
- Clear Communication: We explain the situation, charges, and procedure to you in plain English, so you’re never in the dark.
- Defense Strategy: From the very first moments, we work on a strategy – whether it’s demonstrating your innocence, negotiating a plea, or mitigating potential penalties.
- Protection of Rights: We make sure your rights (to interpreter, fair treatment, medical attention if needed, etc.) are respected throughout.
- Updates to Family/Consulate: With your permission, we can keep your family informed and coordinate with consular officials.
Conclusion: Moving Forward After an Arrest
An arrest in a foreign country is daunting, but remember that you have rights and you don’t have to face the situation alone. Staying calm, invoking your rights, and obtaining experienced legal help are the best moves you can make. If you or a fellow expat have been arrested in Spain, contact our criminal lawyer at Expat & Legal Spain immediately. We are available 24/7 to assist English-speaking clients in custody, defend your case, and work towards the best possible outcome.
Sandra Márquez
CEO & Lawyer, Expat & Legal Spain