The process
The fast-track trial: when everything happens in days
Many cases involving visitors and foreign residents in Spain are tried through the fast-track procedure (juicio rápido): drink driving, minor assaults, threats, shop theft. It is quick by design, and the most important decisions are taken before the trial itself.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
≤ 5 years
Offences punishable by up to five years in prison, caught in the act or with simple evidence, tried this way (art. 795 LECrim).
1/3 off
If you accept the charge before the duty court in the cases the law allows, the sentence is reduced by one third (art. 801 LECrim).
Days
The duty court prepares the case immediately and the trial is set within days, not months.
The fast-track trial, in time
- Day 0
Arrest or police summons with a date to appear at the duty court.
- Court
Duty court: statement, the prosecutor's charge and the key decision.
- 1/3
Accept the charge: one third off the sentence and the case closes.
- Trial
Or go to trial before the criminal court, on a date set then and there.
How it works
After the arrest or the police summons, the case goes straight to the duty court (Juzgado de Guardia). There, within hours, the judge takes your statement, the prosecutor presents the charge and two things can happen: you accept the charge with a reduced sentence, or the case is sent to trial before the criminal court on a date set then and there.
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If you were released by the police with a summons, that summons already contains the date and time to appear at the duty court. Missing it can lead to an arrest warrant.
The plea agreement (conformidad)
Accepting the charge closes the case with a conviction, in exchange for a one-third reduction of the sentence requested. It is only possible when the sentence sought, once reduced, does not exceed two years in prison. For a foreign national it has consequences beyond the sentence: a criminal record in Spain, possible effects on residence permits and, in some cases, expulsion.
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That is why I never recommend accepting without having read the police report. Sometimes the evidence is weak and a trial gives a real chance of acquittal; sometimes the agreement is the best outcome. It is a decision to take with the file in front of you, not under pressure in a corridor.
If you live abroad
The trial can go ahead in your absence when the sentence requested does not exceed two years, provided you were properly summoned. Being represented by a lawyer you trust, who knows how to reach you, avoids surprises and lets the defence be prepared even if you are not in Spain.
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.
Common questions
I was told to come back to court in three days. Is that normal?
Yes. That is the fast-track procedure. Bring every paper the police gave you and contact a lawyer before the appointment, not after.
If I accept the charge, can I go home the same day?
In most fast-track cases the reduced sentence does not involve prison (fines, driving bans, community work, or a suspended sentence). But each case is different, and the decision should be based on the file, not on the wish to leave quickly.
Can the plea agreement be reversed later?
As a rule, no. A judgment by agreement is final and cannot be appealed on the merits. That is why it matters to decide with full information.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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