If you have been arrested in Spain, charged with an offence or are the victim of one, you need a criminal defence lawyer (in the US, a criminal defense attorney) who explains the Spanish criminal justice system and the procedure to you in English. Our law firm has a team of criminal lawyers who handle both defence and private prosecution, and we design the defence strategy for each client from an initial assessment of the situation at the first consultation. If you have no experience of the Spanish courts, we explain each type of offence and each step in plain English. We act at every stage of criminal proceedings, from the investigation (instrucción) to the judgment and any appeal: economic crime such as fraud and tax offences, offences against persons such as assault or threats, road traffic offences, cybercrime and offences against property. We also act for victims who bring a private prosecution, and we help with the evidence that supports it.
Police custody can only last as long as strictly necessary and never more than 72 hours: by then you must be released or brought before a judge (art. 17.2 of the Spanish Constitution). From the moment of arrest you have the right to remain silent, to be assisted by a lawyer, to have an interpreter if you do not speak Spanish and to have your consulate informed (art. 520 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). If you believe the detention is unlawful, we can file a habeas corpus application: the judge must decide within 24 hours (art. 7 of Organic Law 6/1984). In an emergency, such as the arrest of a family member, contact us as soon as possible and get legal advice before any statement.
Some driving offences are crimes in Spain and often go through a fast-track procedure (juicio rápido). We explain them on our page about drink driving in Spain.
Most criminal cases end in a trial before a criminal court (Juzgado de lo Penal) or the Provincial Court (Audiencia Provincial), depending on the offence, and at every level of the courts we provide the same defence team; some offences, such as homicide, are tried by a jury (Tribunal del Jurado, Organic Law 5/1995). Our defence lawyers prepare the evidence, attend with you on the day of the trial, examine the witnesses and, if the judgment is not favourable, prepare the appeal. If Spanish is not your language, you have the right to an interpreter at the trial and to receive the essential information about the case in a language you understand (article 123 of the Criminal Procedure Act).
A prison sentence of up to two years can be suspended for a first offence if the conditions of article 80 of the Criminal Code are met, for example that the civil liability to the injured party has been paid. A conviction also creates a criminal record (antecedentes penales), which can affect residence permits, renewals and nationality applications for foreign nationals. We take this into account in the defence and, once the time set by law has passed, we can apply to have the record cancelled. For companies, we also advise on criminal compliance programmes, which can reduce or exclude the company’s own liability (art. 31 bis of the Criminal Code).
Representation and defence at every stage of criminal proceedings, from the investigation to the trial, the judgment and any later appeals, including appeals to the Supreme Court (Tribunal Supremo) where the law allows them.
Defence and private prosecution in cases of fraud, money laundering, tax offences and other economic crime.
Advice and representation in offences such as homicide, assault, threats, gender-based violence against a partner or former partner and any other act against a person’s physical or moral integrity.
Defence in road traffic offences, such as driving under the influence of drugs or refusing the breath test.
Representing individuals who bring a private prosecution (acusación particular), defending the interests and rights of victims.
Guidance on submitting and assessing evidence, including expert evidence (prueba pericial) from forensic, medical or IT experts, to support the prosecution and protect the victim’s rights.
Immediate action in habeas corpus proceedings to protect anyone who believes their detention is unlawful.
Assistance during statements to the police and before the courts, from the first hours after an arrest.
Defence and private prosecution in cybercrime, computer fraud, phishing and other online offences.
Representation in cases of robbery, theft, criminal damage and other offences against property.
Our criminal law service covers all areas of criminal defence, for individuals and companies. We handle criminal cases from our offices in Madrid and Barcelona, and the firm also has offices in Sevilla, Málaga, Córdoba and Palma. Our lawyers are members of the Bar (Colegio de Abogados). These are the cases we are asked about most in each city.
You deal directly with the lawyer handling your case, who explains each step to you in English.
We tell you from the start which steps your case involves, which documents we need and which legal deadlines apply.
