Urgent · available 24 hours
Your relative has been arrested in Spain. This is what you can do right now.
You have probably just received the call and you are far away. An arrest in Spain follows clear rules and time limits, and there is a right order of things to do. The most important one: nobody should make a statement before speaking to a lawyer.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
72 h
Maximum time in police custody. Before that limit the person is released or taken before a judge.
3 h
Time the lawyer you name has to arrive at the police station once the police call him (art. 520.5 LECrim).
Before
A private meeting with the lawyer always comes before any police statement (art. 520.6 LECrim).
From the arrest to the judge
- 0 h
Arrest. The police must explain the reasons and the rights in a language the person understands.
- 3 h
The lawyer you name has up to three hours to arrive at the police station.
- Before
Private meeting with the lawyer, always before any statement.
- 72 h
Limit of police custody: release or appearance before the duty judge.
- Judge
Release, release with conditions or, in serious cases, pre-trial detention.
Five steps, in order
Write down where and since when
The name of the police station or Guardia Civil post, the time of the arrest and, if you have it, the detainee number. The 72 hours count from the moment of the arrest. The police must tell the person the detainee names where they are being held.
Contact a criminal lawyer now
CriticalYour relative has the right to a lawyer of their own choice (art. 520 LECrim). They are not obliged to keep the duty lawyer assigned to them. The family cannot appoint the lawyer on their behalf, but they can do the most useful thing: find the lawyer and get him ready.
Give your relative my name and number
CriticalWhen the police read them their rights, your relative only has to say: "I appoint Saúl Rosell Manglano as my lawyer, telephone 688 884 488". The police make the call. You can pass that message through the police or the consulate.
No statement without the lawyer present
This is the mistake that does the most damage. Your relative has the right to remain silent and, in most cases, that is the sensible choice until the lawyer has read the police report. Do not give explanations to the police yourself either.
Ask for the interpreter
If your relative does not understand Spanish well, they must be given a free interpreter and a written statement of their rights in a language they understand (arts. 123 and 520 LECrim). The lawyer checks that this is done properly.
The consulate
A foreign national who is arrested has the right to have their consulate informed and to communicate with it. The consulate cannot act as a lawyer or get anyone released, but it can confirm where the person is, pass messages to the family and provide a list of lawyers.
What happens when the 72 hours end
There are three possible outcomes: release without charge, release with an obligation to appear when summoned, or being taken before the judge. The judge then decides: release, release with conditions (surrender of passport, ban on leaving Spain, regular appearances) or, in the most serious cases, pre-trial detention.
Read more−
For someone with no address in Spain the risk of pre-trial detention is real, because the judge weighs the risk of flight. Arriving at that hearing with a prepared defence makes a difference.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Questions families ask me
Can I pay bail to get them out before the 72 hours are up?
No. There is no bail during police custody. Bail can only appear later, when the judge decides on the person's situation. Until then the only way out is the police finishing their enquiries or, if the detention is unlawful, a habeas corpus application.
Can I visit or speak to my relative while in custody?
As a rule, no. Only the lawyer can meet the detainee in private. The police must inform the person your relative names of the arrest and where they are held. After the meeting, I can tell you how they are and what will happen next, within the limits of professional secrecy.
Will they be deported because they have been arrested?
Not for that reason alone. Expulsion as a replacement for a sentence (art. 89 Penal Code) or as an administrative measure follows its own procedure, and while a criminal case is open it does not normally go ahead. It depends a lot on residence status, so I look at it from the first day.
What does it cost for you to assist at the police station?
I quote urgent assistance by telephone before acting, as a fixed fee. Calling to explain the situation costs nothing.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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