Know Your Rights: Assault Defense & Detention Lawyers

Know Your Rights: Assault Defense & Detention Lawyers

What happens if you are accused of rape?

If you have been accused of rape, it is crucial to take immediate steps to protect your rights and seek legal guidance from experienced sexual assault lawyers in Madrid. Our team of experts will provide valuable information on what to do if you are accused of rape and ensure that your rights are upheld.

What to do and what not to do with the police during the arrest?

When facing an arrest, it is vital to consult with dedicated sexual assault lawyers in Madrid who understand the complexities of such cases. They will guide you through the process and provide personalized advice tailored to your situation.

During the arrest, it is crucial to remain calm and refrain from making any statements to the police or others until you have spoken with your lawyer. Remember that anything you say can be used against you, potentially jeopardizing your case.

Protect your rights by exercising your right to remain silent and wait for your lawyer to arrive before making any statements or providing information. Avoid feeling pressured or intimidated into speaking without your lawyer present.

Hiring an experienced sexual assault lawyer in Madrid is essential when facing accusations of rape. They possess the expertise and knowledge to navigate the legal complexities, ensuring your rights are protected throughout the process.

At our firm, we are dedicated to proving your innocence. Our team of sexual assault lawyers in Madrid will strategize and employ the necessary legal measures to demonstrate your innocence and safeguard your reputation.

If you require assistance in dealing with an accusation of rape, contact our experienced sexual assault lawyers in Madrid today. We are committed to providing you with the support and guidance needed to navigate this challenging situation and seek justice.

What are your rights during your detention?

In Spain, every detainee or arrestee has the right to be immediately informed of the reasons for their detention, as well as the charges against them. It is crucial that this information is provided in a clear and understandable manner in their native language. They must also be explicitly informed of their right to initiate habeas corpus proceedings in writing. Following the Miranda Doctrine, it is important that this information is given in writing to ensure proper comprehension, as detainees may not fully internalize the information when their rights are read to them.

Respecting the individual's dignity, property, reputation, honor, and privacy to the maximum extent possible is important during the detention, except when it interferes with the right to freedom of information. While the trial is public, the investigative and pretrial phases are not.

During the detention, the detained person has the right to remain silent and not answer questions or make statements. They also possess the right to a defense, which includes the right to plead not guilty and to avoid self-incrimination. Immediate legal assistance is another fundamental right, meaning that it is not acceptable for the police to delay contacting a lawyer until the end of the detention. This delay would be considered an illegal detention. Additionally, detainees have the right to access essential aspects of the legal proceedings.

Another significant right is the ability to communicate with a lawyer and receive legal advice during any interrogations or trials. If the person is a foreigner, they have the right to communicate with consular authorities and select a third party to communicate with. It is important to note that while the police may be present during these communications, they do not have the right to listen to the conversation, as it would be in violation of Article 18 of the Constitution.

Within a reasonable timeframe that does not exceed 72 hours from the moment of arrest, the detained person has the right to be brought before a judge. At this point, the judge will decide whether to release the person or order their continued detention.

Moreover, the detained person has the right to an interpreter and to be examined by a forensic doctor at the detention center or a doctor from a public facility. While there is no freedom to choose a specific doctor, this right is essential not only for health purposes but also to provide evidence of potential excessive use of force by the police, which should be minimized and only used when necessary.

Is it a good idea to talk to the victim?

No, it is not advisable to engage in conversation with the victim if you have been accused of rape. While it is understandable that you may wish to clarify the situation and seek resolution, any contact with the victim can be detrimental to your case in court. Seeking immediate assistance from a lawyer is crucial, as they can guide you on how to proceed and serve as an intermediary if necessary. Remember that anything you say can be used as evidence against you, so it is essential to exercise caution and communicate solely with your lawyer.

Why should you hire an experienced lawyer if you have been accused of rape?
When facing accusations of rape, it is crucial to engage the services of an experienced lawyer. They possess expertise in handling rape cases, comprehensive knowledge of the criminal process, and the ability to provide guidance on minimizing the legal consequences of such charges.

What will we do to prove your innocence?

It is important to note that an accused person of rape is not obligated to prove their innocence; it is the responsibility of the prosecution to prove guilt beyond a reasonable doubt. However, a skilled defense lawyer will focus on challenging and refuting the evidence presented by the prosecution. This may involve examining the credibility of the victim's statement, identifying any potential ulterior motives or biases that could impact their sincerity in accusing the defendant. Furthermore, the lawyer will assess the consistency and veracity of the victim.