If you are arrested at Alicante-Elche airport, the most important thing is to stay calm, ask for a lawyer and, if you do not speak Spanish well, an interpreter, and not to give any explanation of the facts until you have spoken in private with your defence lawyer. You have the same rights as anyone detained in Spain, and the police must inform you of them in writing and in a language you understand.
We explain why arrests usually happen at airports, what rights you have and what happens in the hours that follow.
Why you may be arrested at an airport
The most common reasons are:
- An outstanding warrant: a search warrant (requisitoria) from a Spanish court or a European Arrest Warrant or international request, which is flagged at passport control.
- Drugs in your luggage or on your body. Drug trafficking is punishable by three to six years’ imprisonment if the substance causes serious harm to health and by one to three years in other cases, plus a fine (Art. 368 of the Criminal Code, Código Penal), with aggravating circumstances for quantities of notable significance.
- False documents: altered passports, permits or identity documents. See document forgery.
- Smuggling of goods, tobacco or prohibited products.
- Cash: entering or leaving the EU with €10,000 or more without declaring it is an administrative infringement that may lead to the money being seized; if there are also indications that it comes from an unlawful source, an investigation for money laundering may be opened.
- Incidents on board or in the terminal: fights, threats or resisting officers.
Your rights as a detained person
Article 520 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal) recognises, among others, the following rights:
- To be informed in writing, in plain language and in a language you understand, of the facts you are accused of and of your rights.
- To remain silent, not to answer some of the questions or to give a statement only before the judge.
- A lawyer of your choice or a duty lawyer (abogado de oficio), who must attend within a maximum of three hours and with whom you can have a private consultation before making any statement.
- A free interpreter.
- To have a relative or a person of your choice informed and to make a phone call.
- To have your consulate informed and to receive visits from it. If you have dual nationality, you choose which consulate.
- A medical examination.
- Access to the essential parts of the case file in order to challenge your detention.
You may keep the statement of rights with you throughout your detention.
What to do, step by step
- Do not resist or argue with the officers; an offence of resisting or assaulting an officer could be added.
- Identify yourself and ask to be told why you are being arrested.
- Ask for a lawyer and an interpreter. If you have a lawyer you trust, give their name and phone number.
- Do not make any statement about the facts until you have spoken to your lawyer. Do not give informal explanations “to clear things up” either.
- Do not sign anything you do not understand, least of all a waiver or a voluntary surrender of property.
- Ask for your family and your consulate to be informed. On the phone, do not talk about the case.
- If you need medication or medical attention, say so.
If you need us to attend immediately, see our 24-hour lawyer for people arrested service.
What happens next
Detention may only last as long as is strictly necessary and, at most, 72 hours. After that, you will be released or brought before a judge. What happens depends on the reason for your arrest:
If it concerns a crime committed in Spain
You will be brought before the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia) on duty (formerly the duty court, or juzgado de guardia). The judge will take your statement, with your lawyer present, and decide whether you are released, released with conditions (reporting periodically, surrender of your passport) or remanded in custody (prisión provisional), which can only be ordered after a hearing at which your defence can oppose it. In drug cases, a thorough initial analysis of how the search was carried out and of the chain of custody is essential; more on drug trafficking.
If it is a European Arrest Warrant or an extradition
A person requested by another EU country must be brought, within a maximum of 72 hours, before the central investigating judge of the National High Court (Audiencia Nacional) (following Organic Act 1/2025, the Investigating Section of the Central Court of First Instance, Sección de Instrucción del Tribunal Central de Instancia), in accordance with Act 23/2014. There it is decided whether you consent to surrender and, if not, a hearing is held. Consent to surrender is irrevocable, so it should never be given without legal advice. We explain this in extradition and the European Arrest Warrant.
If your detention is unlawful
If there are no grounds for it, it is prolonged without justification or your rights are not respected, your lawyer can apply for habeas corpus (Organic Act 6/1984) so that a judge immediately reviews your situation.
If you are a foreign national
In addition to the criminal proceedings, a sentence of more than one year’s imprisonment may be replaced by expulsion from Spain (Art. 89 of the Criminal Code), with special rules for EU citizens. This is a consequence that must be taken into account from the very beginning, for example before accepting a plea agreement (conformidad). Find out more about our criminal lawyer for foreigners service.
Frequently asked questions
Can I choose my lawyer or will I be given a duty lawyer?
You can choose. No officer may recommend a particular one. If you do not appoint anyone, a duty lawyer will be assigned to you.
Will I miss my flight and have to stay in Spain?
While you are detained, yes. After that, it depends on what the judge decides: in many cases you are released on condition that you appear whenever summoned, although your passport may be retained if there is a risk of flight.
If you or a family member has been arrested at Alicante-Elche airport, call us on 607 449 491 (WhatsApp, 24 hours). Our team will assist you in your language and we will take action to help you as quickly as possible.
