Arrests 24/7

FIRST.— You’ve been arrested, or someone you love has

From the very first minute, the Constitution and the Criminal Procedure Act (Ley de Enjuiciamiento Criminal) protect you. Under Article 520 of that Act, from the moment you are arrested you have the right to:

a) Be informed of the facts you are accused of and the reasons for your arrest.
b) Remain silent, refuse to answer some or all questions, and not to plead guilty.
c) Appoint a lawyer of your choice, or have a duty lawyer assigned, who will assist you in every statement.
d) Have your arrest notified to a relative or to a person you name.
e) Be assisted by an interpreter if you don’t understand the language, and be examined by a doctor.

In addition, an arrest cannot last longer than strictly necessary and, at most, 72 hours (Article 17 of the Constitution). After that, the police must release you or bring you before a judge.

SECOND.— What I do as soon as you call

I handle arrests in Barcelona city, L’Hospitalet de Llobregat, Badalona, Sant Adrià de Besòs, El Prat de Llobregat and Sant Boi de Llobregat.

a) I go to the police station or the duty court, at any hour, any day of the week.
b) I speak with you in private before any police procedure, to find out what happened and what you want to do.
c) I am present at your statement, if you decide to give one, and make sure your rights are respected.
d) I handle the first steps to secure your release and keep your family informed.

THIRD.— Police station and duty court: two different moments

They are two stages with different rules of the game, and the strategy doesn’t have to be the same in both.

a) At the police station, we are not given the police report (atestado). As long as we don’t know what evidence exists for or against you, the most prudent course is almost always not to make a statement.
b) At the duty court (juzgado de guardia) I can review the police report before the hearing. With more information, we decide together whether you make a statement and what you say.
c) After hearing the detainee, the prosecutor and the accusing parties, the judge decides: release with no conditions, release with precautionary measures (periodic court appearances, passport withdrawal, restraining order) or, in the most serious cases, pre-trial detention.
d) For some offences a fast-track trial is held, and there you may be offered a plea agreement. Don’t sign anything without having studied it with your lawyer.

FOURTH.— When the arrest is unlawful: habeas corpus

If you are held without legal grounds, for longer than allowed or in unlawful conditions, the habeas corpus procedure exists (Article 17.4 of the Constitution and Organic Law 6/1984). Your lawyer files it and it forces the judge to rule immediately on the lawfulness of the arrest.

FIFTH.— If you’re not arrested but you’re summoned as a suspect

A summons to give a statement as a suspect (investigado) at a police station or in court is not an arrest, but it is just as important. Don’t go alone and don’t improvise: you have the right to be accompanied by a lawyer, and what you say will be recorded and may be used later in the proceedings. Before the summons it is worth reviewing what you are accused of and preparing the statement.

SIXTH.— The cases I handle most

Most arrests are concentrated in a few types of offence, and each has its own features:

a) Domestic and gender-based violence: the arrest usually follows a complaint and comes with protective measures.
b) Assault, threats and fights.
c) Theft, robbery and fraud.
d) Drink driving.
e) Detainees under 18: the rules are different.

SEVENTH.— Duty lawyer and free legal aid

They are two different things, and they are often confused.
a) The duty lawyer scheme (turno de oficio) is the service by which the Bar Association assigns a lawyer to anyone who doesn’t have one of their own choosing. It is a way of appointing a lawyer; it doesn’t mean it’s free.
b) Free legal aid is a right granted according to your means. Only if it is granted to you does the State pay.
c) A detainee has the right to a duty lawyer without having to prove first that they lack means. But if you are later not granted free legal aid, you will have to pay the fees. If it is denied, we explain how to appeal in this article (in Spanish).
d) You can always choose a lawyer you trust. If you choose me, we discuss fees at the first consultation, which is free.

EIGHTH.— If it’s a relative who has been arrested

If you are calling on someone else’s behalf, this information helps me act quickly: full name, where they are being held (police station or police force), approximate time of the arrest and, if you know it, the reason. Don’t let anyone make a statement over the phone on the detainee’s behalf, and don’t give the police any explanations about what happened before speaking to me.