What to Do If You Are Arrested

If you are arrested or taken into custody by the police, it is important to be aware of your rights and how to act appropriately. Below is a guide on police detention and the steps you should follow if you find yourself in such a situation.

Understanding Police Detention

Police detention is a process regulated by law and established protocols designed to safeguard the rights of the detained person and to prevent abuses. In Spain, as in other jurisdictions, these protocols are essential to ensuring that detainees’ rights are respected and that potential abuses of authority are avoided.

Rights of Detainees in Spain

Right to Information and Grounds for Detention
From the moment of your preventive arrest, you have the right to be informed of the reasons for your detention and of the charges against you in a clear and understandable manner. If you do not speak Spanish, you have the right to receive this information in your own language.

Right to Habeas Corpus
Habeas corpus is a procedure you may initiate in writing in order to challenge the legality of your detention. You must be explicitly informed of this right.

Right to Humane Treatment and Respect
The police must treat you with respect, safeguarding your physical and moral integrity. The detention must be carried out in a manner that causes the least possible harm to your person, property, or reputation, while respecting your honor, privacy, and personal image.

Right to Remain Silent
You have the right not to answer questions or make statements that could incriminate you. This right is constitutionally protected under Spanish law and is essential for preserving the presumption of innocence.

Right to Legal Counsel
The police must ensure your access to an attorney without delay. They may not wait until the end of the detention to contact your lawyer, as such conduct could render the detention unlawful.

Right of Defense
You are entitled to access the essential elements of the proceedings and to communicate with your attorney during any interrogation or hearing. If you are a foreign national, you also have the right to contact your consular authorities, as well as a third party of your choice. While the police may be present during such communications, they may not listen to the content of the conversation.

Post-Arrest Procedures

Appearance Before a Judge
You must be brought before a judge within a maximum of 72 hours from the time of your arrest. The judge will decide whether you are to be released or remain in custody. Additionally, you are entitled to be examined by a forensic physician at the detention facility or by a physician from a public health center. While you may not choose a specific doctor, the examination is crucial both for your health and for documenting any potential abuse of authority.

How We Can Help

At Fukuro Legal, we attend police facilities to inform you about the procedure, your rights, and your safeguards in the event of an unlawful detention. We carefully review your case to determine the most appropriate procedural strategy.

If you or a loved one has been detained, contact us immediately for expert legal advice and defense. We are here to protect your rights and to ensure a fair process.

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