If you are arrested on a Friday night, a Saturday or a Sunday, the process does not stop until Monday: the duty court (juzgado de guardia) operates every day of the year. The police must release you or bring you before a judge within the time strictly necessary and never after 72 hours (article 17.2 of the Spanish Constitution and article 520.1 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). The duty judge will decide on your release, interim measures or, after a hearing under article 505, pre-trial detention (prisión provisional).
Being arrested at the weekend is distressing, especially for the family, who often assume the person will spend the time in a cell until Monday. That is not the case. We explain what happens from the arrest until you see the judge, what your family can do and how this works in Alicante.
The duty court does not close at the weekend
Criminal justice has a permanent duty service for urgent matters. Regulation 1/2005 of the General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ) on ancillary aspects of judicial proceedings states in article 42 that the duty court is responsible, among other things, for receiving police reports (atestados), carrying out the first procedures, deciding on the personal situation of the detainees brought before it and handling the urgent procedures of the speedy trial (juicio rápido).
Article 44 states that the duty service is mandatory and requires the senior judge (juez decano) to ensure it is provided continuously, including on Saturdays, Sundays and public holidays.
Following Organic Act 1/2025, the former investigating courts are now part of the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia), but the duty service works in the same way: an investigating judge on duty deals with the detainees the police bring before them.
How long you can be held
The rule is the same on any day of the week:
| Provision | What it says |
|---|---|
| Art. 17.2 of the Constitution | Preventive detention may not last longer than the time strictly necessary and, at most, 72 hours. |
| Art. 520.1 LECrim | Repeats that limit: within 72 hours, release or placement at the disposal of the court. The police report must record the time of arrest and the time the detainee was brought before the court. |
| Art. 496 LECrim | Provides that the detainee must be handed over to the nearest judge within 24 hours of the arrest. |
| Art. 505.2 LECrim | If pre-trial detention is sought, the hearing before the judge must be held within 72 hours of the detainee being brought before the court. |
The 72 hours are a ceiling, not a period the police can use up because it is the weekend. Once the police procedures are finished, they must release you or take you to the duty court. We explain this in more detail in how long detention can last. If you believe the detention is being prolonged without reason or that your rights are not being respected, there is the habeas corpus procedure.
Important: at the police station you have the right not to give a statement or to give one only before the judge (article 520.2 LECrim). Before any statement you can speak to your lawyer in private. Talking without advice in the middle of the night is one of the decisions that weighs most heavily later on.
What the family can do
The family cannot be present during the police procedures, but they can help a great deal if they act in an orderly way:
- Find out where the person is. The detainee has the right to have a relative or a person of their choice informed without undue delay that they have been arrested and where they are being held at any given time, and to make a phone call (article 520.2, letters e and f, LECrim). If you have not been notified, call the National Police (Policía Nacional) or the Guardia Civil, depending on which force was involved.
- Choose a lawyer. The detainee can freely appoint a lawyer; if they do not, a legal aid lawyer (turno de oficio) is assigned. The police cannot recommend one (article 520.5 LECrim). The family can contact a lawyer they trust and give them the detainee’s full name and place of custody.
- Gather documents. ID card (DNI), foreigner’s identity number (NIE) or passport, and documents showing ties to the area (arraigo): registration on the municipal register (empadronamiento), employment contract, payslips, family book. Before the judge, family and work ties carry weight when the risk of absconding is assessed (article 503 LECrim).
- Report any medication or health problems. The detainee has the right to be examined by the forensic doctor (article 520.2.i LECrim). If they take medication, the lawyer should know so they can ask for the detainee to be seen.
The appointed lawyer must go to the place of detention as quickly as possible and, in any event, within three hours of receiving the request (article 520.5 LECrim). In what to do if you are arrested: rights and steps to follow you will find the full list of rights.
If the detainee is a foreign national, they have the right to a free interpreter and to have their consulate informed (article 520.2 and 520.3 LECrim).
The hearing before the duty judge
Once the police report is complete, the police take the detainee to the duty court. There, normally:
- The lawyer receives a copy of the police report and can speak to their client.
- The judge takes a statement from the detainee, who may give one, decline to do so or answer only their lawyer’s questions.
- The prosecutor and, if there is one, the private prosecutor (acusación particular) request the measures they consider appropriate.
- The judge decides on the detainee’s personal situation by means of a court order (auto).
Possible outcomes
| Decision | What it means |
|---|---|
| Release without measures | You leave the court and the proceedings continue. |
| Provisional release with conditions | You must report to the court on the days set; the judge may withhold your passport (article 530 LECrim). Bail may also be required. |
| Pre-trial detention | Only if the prosecutor or a prosecuting party requests it at the hearing under article 505 and the requirements of article 503 are met: an offence punishable by a maximum of two years’ imprisonment or more (with exceptions), evidence against you and a specific purpose, such as preventing you from absconding or destroying evidence. |
If no one requests pre-trial detention or bail, the judge must order the detainee’s immediate release (article 505.4 LECrim). A pre-trial detention order can be appealed, and the appeal must be decided within a maximum of 30 days (article 507 LECrim).
The speedy trial during the duty shift
Many weekend arrests end in a speedy trial. The procedure in articles 795 to 803 LECrim applies to offences punishable by up to five years’ imprisonment where there is a police report and the case involves, for example, offences caught in the act, theft, robbery, road traffic offences, or injuries and threats within the family.
The duty judge carries out the urgent procedures (article 797) and, if they are sufficient, can send the case to trial during the same duty shift. If the prosecutor brings charges for an offence punishable by up to three years’ imprisonment and there is no private prosecutor, you can accept a plea agreement (conformidad) there and then and the sentence is reduced by one third (article 801). Accepting a plea agreement without studying the police report can be a mistake; we explain this on our speedy trial page for Alicante.
If the arrest relates to gender violence, the detainee may be brought before the duty court solely to regularise their personal situation when it is not possible to bring them before the Gender Violence Section (Sección de Violencia sobre la Mujer) (article 797 bis LECrim). We deal with that situation on abogadaviolenciadegenero.com.
Arrested at the weekend in Alicante
According to the official Generalitat Valenciana directory of courts, the Alicante Duty Court is at Avenida de Aguilera, 53 (03007 Alicante). That is where detainees from the Alicante judicial district are brought.
If the National Police were involved in the city, the Provincial Police Station is at calle Isabel la Católica, 25, according to the National Police list of premises. If you were arrested in another municipality in the province, you will usually be taken to the duty court of the judicial district where the arrest took place (article 496 LECrim refers to the nearest judge). For the courts of each district, see our guide to the criminal courts in Alicante.
When a family calls us in the early hours of a Saturday, the first step is to locate the detainee and inform the police that we are their chosen lawyer. Celeste Pérez Bleda has assisted more than 800 detainees in more than 20 years of criminal practice, and our team will assist you in English if you are a foreign national.
Frequently asked questions
If I am arrested on a Friday, do I have to wait until Monday to see the judge?
No. The duty service operates every day, including Saturdays, Sundays and public holidays, under CGPJ Regulation 1/2005. The police must release you or bring you before the duty judge within the time strictly necessary for their procedures and, at most, within 72 hours. The fact that it is the weekend does not justify extending the detention.
How will my family know which police station I am in?
You have the right to have the police inform a relative or a person of your choice that you have been arrested and where you are being held at any given time, and to make a phone call in the presence of an officer (article 520.2 LECrim). If your family has not been notified, they can ask the National Police or the Guardia Civil, or ask a lawyer to locate the detainee.
Can I ask for my own lawyer instead of a legal aid lawyer?
Yes. Article 520.5 LECrim allows you to freely appoint a lawyer, and the police cannot recommend one. You only need to give their name; the police station informs the Bar Association (Colegio de Abogados) so that it can contact them. If they cannot be found or they decline, a legal aid lawyer is assigned, who must attend within a maximum of three hours.
What should the family bring to the duty court?
The detainee’s identity documents and papers showing their ties to the area: registration on the municipal register, employment contract, payslips or family book. The judge assesses the family, work and financial situation when deciding on the risk of absconding (article 503 LECrim). If the detainee takes medication, the lawyer should be told so that it is recorded and they are seen by a doctor.
Can I be sent to prison the same weekend?
Yes, but only if the prosecutor or a prosecuting party requests it at the hearing under article 505 LECrim, with your lawyer present, and the requirements of article 503 are met. If no one requests it, the judge must release you. For less serious offences, the most common outcome is release, with or without an obligation to report to the court periodically.
If a relative has just been arrested in Alicante, do not wait until Monday. Message us on WhatsApp at 607 449 491 (24 hours) and we will contact the police station from the very first moment. Our team will assist you in English. We explain how we work on our page for an arrest lawyer available 24 hours in Alicante.
Legal basis and sources
- Spanish Constitution: art. 17
- Criminal Procedure Act: arts. 496, 503, 505, 507, 520, 530, 795 to 801
- CGPJ Regulation 1/2005 on ancillary aspects of judicial proceedings: arts. 42 and 44
- Organic Act 1/2025 on measures for the efficiency of the Public Justice Service
- Generalitat Valenciana: Alicante Duty Court
- National Police: premises in the province of Alicante
