What to Do If You Are Arrested in Spain

Key Points

• Stay calm and do not resist arrest. Resisting can lead to additional charges.
• You have the right to remain silent. Do not answer questions without your lawyer present.
• Request a criminal defense lawyer (link fukuro contact) immediately. This is your constitutional right.
• Police must bring you before a judge within 72 hours maximum.
• You can challenge unlawful detention through habeas corpus.

If you are arrested or taken into custody by the police in Spain, the first moments are critical. What you say and do can significantly impact your case. Knowing your rights and acting appropriately can make the difference between a quick release and serious legal consequences.

This guide explains police detention procedures in Spain, your fundamental rights as a detainee, and the steps you should follow to protect yourself. Whether you are a Spanish citizen or a foreigner, these rights apply to you.

Understanding Police Detention in Spain

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, these protocols are essential to ensuring that detainees' rights are respected and that potential abuses of authority are avoided.

The legal framework for detention is found primarily in the Spanish Constitution (Article 17) and the Criminal Procedure Act. These laws establish strict limits on how long you can be held and what rights you have during detention.

When Can Police Detain You?

Police can only detain you under specific circumstances:

• When caught in the act of committing a crime
• When there is a warrant issued by a judge
• When there are reasonable grounds to believe you have committed a crime and there is risk of flight
• For identification purposes (limited to the time strictly necessary)

A detention without proper legal basis can be challenged, and any evidence obtained during an unlawful detention may be inadmissible in court.

Immediate Steps If You Are Arrested

The moments immediately following an arrest are crucial. Here is what you should do:

1. Stay calm and do not resist. Even if you believe the arrest is unjust, physical resistance will only make your situation worse and can result in additional charges.
2. Clearly state that you want a lawyer. Say: "I want to speak with a lawyer before answering any questions." Repeat this if necessary.
3. Exercise your right to remain silent. You are not required to answer any questions. Politely decline to make statements until your lawyer arrives.
4. Pay attention to details. Note the time of arrest, the officers involved, and any statements made. This information may be important for your defense.
5. Do not sign anything without legal advice. Documents presented to you at the police station may have legal consequences. Wait for your lawyer to review them.

Need a criminal defense lawyer now? At Fukuro Legal, we provide 24/7 legal assistance. Call us immediately and we will attend the police station to protect your rights.

Your Rights as a Detainee in Spain

Spanish law guarantees specific rights to anyone who is detained. These rights exist to protect you from abuse and to ensure a fair process. Understanding them is essential.

Right to Information and Grounds for Detention

From the moment of your 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 through an interpreter.

The police cannot simply detain you without explanation. If they refuse to explain why you are being held, this is a violation of your rights.

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.

Important: Anything you say can be used against you. Many people make the mistake of trying to explain themselves or convince police of their innocence. This almost always backfires. Wait for your lawyer.

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.

You have two options:

• Private lawyer: You can request that police contact your own criminal defense attorney. This is usually the better option as you will have a lawyer who works exclusively for your interests.
• Court-appointed lawyer (abogado de oficio): If you cannot afford a lawyer or do not have one, the state will provide a public defender. While free, these lawyers handle many cases and may have limited time for yours.

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. If you believe your detention is unlawful, you or your lawyer can file a habeas corpus petition, and a judge must review your case within 24 hours.

Right to Humane Treatment

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.

If you are mistreated, make note of everything and report it to your lawyer immediately. You have the right to a medical examination that can document any injuries.

Right of Defense

You are entitled to access the essential elements of the proceedings and to communicate privately with your attorney during any interrogation or hearing.

If you are a foreign national, you also have additional rights:

• The right to contact your consular authorities
• The right to inform a third party of your choice about your detention
• The right to an interpreter if you do not speak Spanish

While the police may be present during communications with third parties, they may not listen to the content of your conversation with your lawyer.

Time Limits on Police Detention

Spanish law sets strict limits on how long you can be held without being brought before a judge:

• General rule: 72 hours maximum. You must be either released or brought before a judge within this time.
• Terrorism cases: Up to 5 days with judicial authorization under special circumstances.
• Identification only: If detained solely for identification, you should be released as soon as your identity is verified.

If police exceed these time limits without judicial authorization, your detention becomes unlawful and can be challenged.

Post-Arrest Procedures: What Happens Next

Appearance Before a Judge

You must be brought before a judge within a maximum of 72 hours from the time of your arrest. At this hearing, the judge will:

• Review whether the detention was lawful
• Decide whether you are to be released or remain in custody
• Set conditions for release if applicable (bail, travel restrictions, etc.)
• Inform you formally of the charges

Having a criminal defense attorney present at this hearing is essential. Your lawyer can argue for your release and challenge any procedural violations that occurred during detention.

Medical Examination

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, this examination is crucial for:

• Documenting your health condition at the time of detention
• Recording any injuries that may indicate mistreatment
• Ensuring you receive necessary medical attention

Always request a medical examination if you have any health concerns or if you have been mistreated in any way.

Common Mistakes to Avoid When Arrested

Many people unknowingly harm their own cases during and after an arrest. Here are the most common mistakes:

• Talking too much: The desire to explain yourself is natural, but every word you say can be used against you. Wait for your lawyer.
• Signing documents without reading them: Police may present documents for signature. Never sign anything without your lawyer reviewing it first.
• Resisting arrest: Physical resistance, even to an unlawful arrest, can result in additional charges. Challenge the arrest legally, not physically.
• Consenting to searches: You are not required to consent to searches of your home or vehicle. Politely decline and let your lawyer handle it.
• Discussing your case with other detainees: Other people in custody may report what you say. Keep details of your case to yourself.
• Waiting too long to get a lawyer: The sooner you have legal representation, the better protected you are. Do not wait until charges are filed.

Special Rights for Foreign Nationals

If you are not a Spanish citizen, you have additional protections under international law:

• Consular notification: You have the right to have your consulate or embassy informed of your detention. They can provide assistance and monitor your treatment.
• Interpreter services: All proceedings must be conducted in a language you understand. If you do not speak Spanish, an interpreter must be provided at no cost to you.
• Translation of documents: Essential documents related to your detention and charges must be translated.

At Fukuro Legal, we regularly assist foreigners who are arrested in Spain. We communicate in English and understand the unique challenges faced by non-Spanish speakers in the criminal justice system.

How a Criminal Defense Lawyer 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.

Our criminal defense services include:

• Immediate attendance at police stations: We come to you as quickly as possible to protect your rights from the first moment
• Guidance during interrogations: We advise you on which questions to answer and which to decline
• Challenging unlawful detention: If your rights were violated, we file habeas corpus petitions and other legal challenges
• Representation at judicial hearings: We argue for your release and the best possible outcome
• Building your defense: We begin preparing your case strategy from day one

Contact a Criminal Defense Lawyer Now

If you or a loved one has been detained in Spain, time is critical. The decisions made in the first hours after an arrest can determine the outcome of your entire case.

Remember:

• Stay calm and do not resist
• Request a lawyer immediately
• Exercise your right to remain silent
• Do not sign anything without legal advice
• You must be brought before a judge within 72 hours

At Fukuro Legal, we are available 24/7 to assist with criminal defense matters. Our team of criminal defense lawyers will attend the police station, protect your rights, and begin building your defense immediately. We communicate in English and Spanish.

Request Immediate Legal Assistance